Illinois General Assembly - Full Text of HB2245
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Full Text of HB2245  103rd General Assembly




HB2245 EnrolledLRB103 25366 HEP 51711 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by adding
5Sections 4-110 and 4-111 as follows:
6    (625 ILCS 5/4-110 new)
7    Sec. 4-110. Stolen vehicle recovery hotline. In a county
8having a population of 3,000,000 or more, the county sheriff
9shall establish with other law enforcement agencies a vehicle
10theft hotline to facilitate interaction with vehicle
11manufacturers and vehicle location vendors consistent with the
12Freedom From Location Surveillance Act. The county sheriff
13shall collaborate with vehicle manufacturers, dealers, and
14vehicle location vendors to provide information and assistance
15to law enforcement officers in the investigation of a
16vehicular hijacking or kidnapping incident and ensure that
17consumers are provided with information concerning the
18hotline, new or used vehicles manufactured with stolen vehicle
19locator capabilities, and how consumers can activate stolen
20vehicle locator services by publishing the information in a
21conspicuous location on the county sheriff's website.
22    (625 ILCS 5/4-111 new)



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1    Sec. 4-111. Manufacturer's vehicle incident hotline; law
2enforcement verification; manufacturer statements.
3    (a) Unless the manufacturer or its vehicle location vendor
4operates an existing vehicle location service line, a
5manufacturer of any vehicle sold in this State shall maintain
6a telephone number that is staffed and available to State,
7county, and local law enforcement agencies and their
8respective 9-1-1 system call centers or designated dispatch
9centers 24 hours a day, 7 days a week to assist law enforcement
10with locating vehicles in the investigation of vehicles stolen
11in vehicular hijacking incidents or that have been used in the
12commission of a kidnapping. The hotline for the manufacturer
13or the manufacturer's vehicle location vendor shall relay
14vehicle location information, including real-time vehicle
15location information whenever reasonably possible, to the
169-1-1 call center or designated dispatch center or sworn law
17enforcement personnel for any of the responding law
18enforcement agencies, to the best of the manufacturer's or
19vehicle location vendor's technical capability when:
20        (1) a warrant or other court order has been issued
21    relating to the vehicle's location information and
22    provided to the manufacturer or the vehicle location
23    vendor; or
24        (2) the vehicle owner lawfully consents to the vehicle
25    location information being shared with the 9-1-1 call
26    center or designated dispatch center and responding law



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1    enforcement officials; or
2        (3) the 9-1-1 call center or designated dispatch
3    center or responding law enforcement officials:
4            (A) provides adequate verification to the
5        manufacturer or the vehicle location vendor, of their
6        identity as law enforcement and the identity of the
7        responding law enforcement official; and
8            (B) the responding law enforcement officials shall
9        certify to the manufacturer or the vehicle location
10        vendor, that the situation involves a clear and
11        present danger of death or great bodily harm to
12        persons resulting from the vehicular hijacking or
13        kidnapping incident.
14    (b) State, county, and local law enforcement agencies
15shall use their respective 9-1-1 system call centers or
16designated dispatch centers for the purpose of verification of
17law enforcement officers' identities and bona fide incident
18report numbers related to incidents.
19    (c) If a vehicle is equipped with functioning vehicle
20location tracking capability, but the capability is not
21currently activated, the manufacturer or the vehicle location
22vendor shall waive all fees associated with initiating,
23renewing, reestablishing, or maintaining the vehicle location
24service the vehicle is equipped with during the investigation
25of the vehicle being stolen in a vehicular hijacking incident
26or being used in the commission of kidnapping incident when



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1law enforcement has confirmed that the situation involves a
2clear and present danger of death or great bodily harm to
3persons as described in paragraph (3) of subsection (a) and
4requires disclosure of vehicle location information without
6    (d) A vehicle manufacturer or a subsidiary, vendor,
7employee, officer, director, representative, or contractor of
8the vehicle manufacturer shall not be liable and no cause of
9action shall arise under the laws of this State for providing,
10or in good faith attempting to provide, information or
11assistance to a law enforcement agency, 9-1-1 call center, or
12designated dispatch center pursuant to the mechanisms and
13processes established under this Section.
14    Section 10. The Freedom From Location Surveillance Act is
15amended by changing Section 15 as follows:
16    (725 ILCS 168/15)
17    Sec. 15. Exceptions. This Act does not prohibit a law
18enforcement agency from seeking to obtain location
20        (1) to respond to a call for emergency services
21    concerning the user or possessor of an electronic device;
22        (2) with the lawful consent of the owner of the
23    electronic device or person in actual or constructive
24    possession of the item being tracked by the electronic



HB2245 Enrolled- 5 -LRB103 25366 HEP 51711 b

1    device;
2        (3) to lawfully obtain location information broadly
3    available to the general public without a court order when
4    the location information is posted on a social networking
5    website, or is metadata attached to images and video, or
6    to determine the location of an Internet Protocol (IP)
7    address through a publicly available service;
8        (4) to obtain location information generated by an
9    electronic device used as a condition of release from a
10    penal institution, as a condition of pre-trial release,
11    probation, conditional discharge, parole, mandatory
12    supervised release, or other sentencing order, or to
13    monitor an individual released under the Sexually Violent
14    Persons Commitment Act or the Sexually Dangerous Persons
15    Act;
16        (5) to aid in the location of a missing person;
17        (6) in emergencies as follows:
18            (A) Notwithstanding any other provisions of this
19        Act, any investigative or law enforcement officer may
20        seek to obtain location information in an emergency
21        situation as defined in this paragraph (6). This
22        paragraph (6) applies only when there was no previous
23        notice of the emergency to the investigative or law
24        enforcement officer sufficient to obtain prior
25        judicial approval, and the officer reasonably believes
26        that an order permitting the obtaining of location



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1        information would issue were there prior judicial
2        review. An emergency situation exists when:
3                (i) the use of the electronic device is
4            necessary for the protection of the investigative
5            or law enforcement officer or a person acting at
6            the direction of law enforcement; or
7                (ii) the situation involves:
8                    (aa) a clear and present danger of
9                imminent death or great bodily harm to persons
10                resulting from:
11                        (I) the use of force or the threat of
12                    the imminent use of force,
13                        (II) a kidnapping or the holding of a
14                    hostage by force or the threat of the
15                    imminent use of force, or
16                        (III) the occupation by force or the
17                    threat of the imminent use of force of any
18                    premises, place, vehicle, vessel, or
19                    aircraft;
20                    (bb) an abduction investigation;
21                    (cc) conspiratorial activities
22                characteristic of organized crime;
23                    (dd) an immediate threat to national
24                security interest;
25                    (ee) an ongoing attack on a computer
26                comprising a felony;or



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1                    (ff) escape under Section 31-6 of the
2                Criminal Code of 2012; or .
3                    (gg) vehicular hijacking.
4            (B) In all emergency cases, an application for an
5        order approving the previous or continuing obtaining
6        of location information must be made within 72 hours
7        of its commencement. In the absence of the order, or
8        upon its denial, any continuing obtaining of location
9        information gathering shall immediately terminate. In
10        order to approve obtaining location information, the
11        judge must make a determination (i) that he or she
12        would have granted an order had the information been
13        before the court prior to the obtaining of the
14        location information and (ii) there was an emergency
15        situation as defined in this paragraph (6).
16            (C) In the event that an application for approval
17        under this paragraph (6) is denied, the location
18        information obtained under this exception shall be
19        inadmissible in accordance with Section 20 of this
20        Act; or
21        (7) to obtain location information relating to an
22    electronic device used to track a vehicle or an effect
23    which is owned or leased by that law enforcement agency.
24(Source: P.A. 101-460, eff. 8-23-19.)