Full Text of HB2553 102nd General Assembly
HB2553ham001 102ND GENERAL ASSEMBLY | Rep. Ann M. Williams Filed: 4/14/2021
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| 1 | | AMENDMENT TO HOUSE BILL 2553
| 2 | | AMENDMENT NO. ______. Amend House Bill 2553 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Protecting Household Privacy Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Electronic communication" means any origination, | 8 | | transmission, emission, transfer, or reception of signs, | 9 | | signals, data, writings, images, video, audio, or intelligence | 10 | | of any nature by telephone, including cellular telephones or a | 11 | | wire, Internet, wireless, radio, electromagnetic, | 12 | | photo-electronic or photo-optical system, cable television, | 13 | | fiber optic, satellite, microwave, Internet-based or wireless | 14 | | distribution network, system, facility or related technology. | 15 | | "Household" means any single or multiple family dwelling, | 16 | | including but not limited to a single family home, house, |
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| 1 | | apartment, mobile home, trailer, building, condominium, | 2 | | duplex, townhouse, or other living quarters, used or intended | 3 | | to be used as a dwelling place and immediately surrounding | 4 | | area. | 5 | | "Household electronic device" means any device primarily | 6 | | intended for use within a household that is capable of | 7 | | facilitating any electronic communication, excluding personal | 8 | | computing devices. For the purposes of this Act, "personal | 9 | | computing devices" means personal computers, cell phones, | 10 | | smartphones, and tablets. | 11 | | "Household electronic data" means any information or input | 12 | | provided by a person to a household electronic device. | 13 | | "Law enforcement agency" means any agency of this State or | 14 | | a political subdivision of this State which is vested by law | 15 | | with the duty to maintain public order and to enforce criminal | 16 | | laws.
| 17 | | Section 10. Prohibited use of household electronic data. | 18 | | Except as provided in Section 15, a law enforcement agency | 19 | | shall not obtain household electronic data or direct the | 20 | | acquisition of household electronic data from a private third | 21 | | party.
| 22 | | Section 15. Exceptions. This Act does not prohibit a law | 23 | | enforcement agency from obtaining household electronic data: | 24 | | (1) If a law enforcement agency first obtains a warrant |
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| 1 | | under Section 108-4 of the Code of Criminal Procedure of 1963. | 2 | | (2) To respond to a call for emergency services concerning | 3 | | the user or possessor of a household electronic device. | 4 | | (3) In an emergency situation: | 5 | | (A) involving a clear and present danger of imminent | 6 | | death or great bodily harm to a person or persons | 7 | | resulting from a kidnapping, abduction, or the holding of | 8 | | a hostage by force or the threat of the imminent use of | 9 | | force; | 10 | | (B) where there was no previous notice of the | 11 | | emergency to the investigative or law enforcement officer | 12 | | sufficient to obtain prior judicial approval and the | 13 | | officer reasonably believes that an order permitting the | 14 | | obtaining of household electronic data would issue were | 15 | | there prior judicial review; | 16 | | (C) the household electronic data is necessary and the | 17 | | only potential data available to prevent imminent death or | 18 | | great bodily harm to a person or persons; and
| 19 | | (D) the data must and can be accessed before a warrant | 20 | | could be issued to prevent imminent death or great bodily | 21 | | harm to a person or persons.
| 22 | | (4) With the lawful consent of the owner of the household | 23 | | electronic device or person in actual or constructive | 24 | | possession of the household electronic device, excluding law | 25 | | enforcement personnel. | 26 | | (5) In all emergency cases arising under paragraph (2) or |
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| 1 | | (3), an application for a search warrant approving the | 2 | | previous obtaining of household electronic data must be made | 3 | | within 72 hours of its commencement. In order to approve | 4 | | obtaining household electronic data, the judge must make a | 5 | | determination: | 6 | | (A) that he or she would have granted a search warrant | 7 | | had the information been before the court prior to the | 8 | | obtaining of the household electronic data; and | 9 | | (B) there was an emergency situation as defined in | 10 | | subparagraph (C) of paragraph (3). | 11 | | If an application for approval under this paragraph is | 12 | | denied, the household electronic data obtained under this | 13 | | exception shall be inadmissible in accordance with Section 25.
| 14 | | Section 20. Information retention. If a law enforcement | 15 | | agency obtains household electronic data under paragraphs (1) | 16 | | through (3) of Section 15 and does not file criminal charges, | 17 | | the agency shall destroy all information obtained within 60 | 18 | | days after obtaining the data, except that a supervisor at | 19 | | that agency may retain particular information if: | 20 | | (1) there is reasonable suspicion that the information | 21 | | contains evidence of criminal activity; or | 22 | | (2) the information is relevant to an ongoing | 23 | | investigation.
| 24 | | Section 25. Information disclosure by law enforcement |
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| 1 | | agencies. | 2 | | (a) If a law enforcement agency obtains household | 3 | | electronic data under Section 15, the agency shall not | 4 | | disclose any information obtained, except that a supervisor of | 5 | | that agency may disclose particular information to another | 6 | | government agency, employee of a government agency, or | 7 | | material witness: | 8 | | (1) if the information is relevant to a criminal | 9 | | proceeding or investigation by a grand jury; or | 10 | | (2) with the lawful consent of the owner, or person in | 11 | | actual or constructive possession, of the household | 12 | | electronic device. | 13 | | (b) When disclosing household electronic data to any other | 14 | | party, the disclosing law enforcement agency must make | 15 | | reasonable efforts to limit disclosure to the minimum | 16 | | necessary to accomplish the intended purpose of the | 17 | | disclosure.
| 18 | | Section 30. Admissibility. If the court finds by a | 19 | | preponderance of the evidence that a law enforcement agency | 20 | | obtained household electronic data pertaining to a person or | 21 | | his or her effects in violation of this Act, then the | 22 | | information shall be presumed to be inadmissible in any | 23 | | judicial or administrative proceeding. The State may overcome | 24 | | this presumption by proving the applicability of a judicially | 25 | | recognized exception to the exclusionary rule of the Fourth |
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| 1 | | Amendment to the United States Constitution or Section 6 of | 2 | | Article I of the Illinois Constitution, or by a preponderance | 3 | | of the evidence that the law enforcement officer was acting in | 4 | | good faith and reasonably believed that one or more of the | 5 | | exceptions identified in Section 15 existed at the time the | 6 | | household electronic data was obtained.
| 7 | | Section 35. Providing household electronic data to a law | 8 | | enforcement agency not required. Except as provided in | 9 | | Section 15, nothing in this Act shall be construed to require a | 10 | | person or entity to provide household electronic data to a law | 11 | | enforcement agency under this Act. If law enforcement acquires | 12 | | information from a household electronic device under Section | 13 | | 15, any information so acquired is subject to Sections 20 and | 14 | | 25. | 15 | | Section 40. Security of production. Any person or entity | 16 | | that provides household electronic data in response to a | 17 | | request from any law enforcement agency under this Act shall | 18 | | take reasonable measures to ensure the confidentiality, | 19 | | integrity, and security of any household electronic data | 20 | | during transmission to any law enforcement agency, and to | 21 | | limit any production of household electronic data to | 22 | | information responsive to the law enforcement agency request.
| 23 | | Section 45. Limitation. Nothing in this Act shall be |
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| 1 | | construed to apply to the interception, recording, wiretap, or | 2 | | other acquisition of electronic communications as they are | 3 | | transmitted in real time. | 4 | | Section 50. Conflict with other laws. In the event of any | 5 | | conflict between this Act and any applicable federal or State | 6 | | law, the requirement that establishes the higher standard for | 7 | | law enforcement to obtain information shall govern.".
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