Sen. Michael E. Hastings

Filed: 4/24/2023





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2    AMENDMENT NO. ______. Amend House Bill 2245 by replacing
3everything after the enacting clause with the following:
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



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1consumers are provided with information concerning the
2hotline, new or used vehicles manufactured with stolen vehicle
3locator capabilities, and how consumers can activate stolen
4vehicle locator services by publishing the information in a
5conspicuous location on the county sheriff's website.
6    (625 ILCS 5/4-111 new)
7    Sec. 4-111. Manufacturer's vehicle incident hotline; law
8enforcement verification; manufacturer statements.
9    (a) Unless the manufacturer or its vehicle location vendor
10operates an existing vehicle location service line, a
11manufacturer of any vehicle sold in this State shall maintain
12a telephone number that is staffed and available to State,
13county, and local law enforcement agencies and their
14respective 9-1-1 system call centers or designated dispatch
15centers 24 hours a day, 7 days a week to assist law enforcement
16with locating vehicles in the investigation of vehicles stolen
17in vehicular hijacking incidents or that have been used in the
18commission of a kidnapping. The hotline for the manufacturer
19or the manufacturer's vehicle location vendor shall relay
20vehicle location information, including real-time vehicle
21location information whenever reasonably possible, to the
229-1-1 call center or designated dispatch center or sworn law
23enforcement personnel for any of the responding law
24enforcement agencies, to the best of the manufacturer's or
25vehicle location vendor's technical capability when:



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1        (1) a warrant or other court order has been issued
2    relating to the vehicle's location information and
3    provided to the manufacturer or the vehicle location
4    vendor; or
5        (2) the vehicle owner lawfully consents to the vehicle
6    location information being shared with the 9-1-1 call
7    center or designated dispatch center and responding law
8    enforcement officials; or
9        (3) the 9-1-1 call center or designated dispatch
10    center or responding law enforcement officials:
11            (A) provides adequate verification to the
12        manufacturer or the vehicle location vendor, of their
13        identity as law enforcement and the identity of the
14        responding law enforcement official; and
15            (B) the responding law enforcement officials shall
16        certify to the manufacturer or the vehicle location
17        vendor, that the situation involves a clear and
18        present danger of death or great bodily harm to
19        persons resulting from the vehicular hijacking or
20        kidnapping incident.
21    (b) State, county, and local law enforcement agencies
22shall use their respective 9-1-1 system call centers or
23designated dispatch centers for the purpose of verification of
24law enforcement officers' identities and bona fide incident
25report numbers related to incidents.
26    (c) If a vehicle is equipped with functioning vehicle



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1location tracking capability, but the capability is not
2currently activated, the manufacturer or the vehicle location
3vendor shall waive all fees associated with initiating,
4renewing, reestablishing, or maintaining the vehicle location
5service the vehicle is equipped with during the investigation
6of the vehicle being stolen in a vehicular hijacking incident
7or being used in the commission of kidnapping incident when
8law enforcement has confirmed that the situation involves a
9clear and present danger of death or great bodily harm to
10persons as described in paragraph (3) of subsection (a) and
11requires disclosure of vehicle location information without
13    (d) A vehicle manufacturer or a subsidiary, vendor,
14employee, officer, director, representative, or contractor of
15the vehicle manufacturer shall not be liable and no cause of
16action shall arise under the laws of this State for providing,
17or in good faith attempting to provide, information or
18assistance to a law enforcement agency, 9-1-1 call center, or
19designated dispatch center pursuant to the mechanisms and
20processes established under this Section.
21    Section 10. The Freedom From Location Surveillance Act is
22amended by changing Section 15 as follows:
23    (725 ILCS 168/15)
24    Sec. 15. Exceptions. This Act does not prohibit a law



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1enforcement agency from seeking to obtain location
3        (1) to respond to a call for emergency services
4    concerning the user or possessor of an electronic device;
5        (2) with the lawful consent of the owner of the
6    electronic device or person in actual or constructive
7    possession of the item being tracked by the electronic
8    device;
9        (3) to lawfully obtain location information broadly
10    available to the general public without a court order when
11    the location information is posted on a social networking
12    website, or is metadata attached to images and video, or
13    to determine the location of an Internet Protocol (IP)
14    address through a publicly available service;
15        (4) to obtain location information generated by an
16    electronic device used as a condition of release from a
17    penal institution, as a condition of pre-trial release,
18    probation, conditional discharge, parole, mandatory
19    supervised release, or other sentencing order, or to
20    monitor an individual released under the Sexually Violent
21    Persons Commitment Act or the Sexually Dangerous Persons
22    Act;
23        (5) to aid in the location of a missing person;
24        (6) in emergencies as follows:
25            (A) Notwithstanding any other provisions of this
26        Act, any investigative or law enforcement officer may



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1        seek to obtain location information in an emergency
2        situation as defined in this paragraph (6). This
3        paragraph (6) applies only when there was no previous
4        notice of the emergency to the investigative or law
5        enforcement officer sufficient to obtain prior
6        judicial approval, and the officer reasonably believes
7        that an order permitting the obtaining of location
8        information would issue were there prior judicial
9        review. An emergency situation exists when:
10                (i) the use of the electronic device is
11            necessary for the protection of the investigative
12            or law enforcement officer or a person acting at
13            the direction of law enforcement; or
14                (ii) the situation involves:
15                    (aa) a clear and present danger of
16                imminent death or great bodily harm to persons
17                resulting from:
18                        (I) the use of force or the threat of
19                    the imminent use of force,
20                        (II) a kidnapping or the holding of a
21                    hostage by force or the threat of the
22                    imminent use of force, or
23                        (III) the occupation by force or the
24                    threat of the imminent use of force of any
25                    premises, place, vehicle, vessel, or
26                    aircraft;



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1                    (bb) an abduction investigation;
2                    (cc) conspiratorial activities
3                characteristic of organized crime;
4                    (dd) an immediate threat to national
5                security interest;
6                    (ee) an ongoing attack on a computer
7                comprising a felony;or
8                    (ff) escape under Section 31-6 of the
9                Criminal Code of 2012; or .
10                    (gg) vehicular hijacking.
11            (B) In all emergency cases, an application for an
12        order approving the previous or continuing obtaining
13        of location information must be made within 72 hours
14        of its commencement. In the absence of the order, or
15        upon its denial, any continuing obtaining of location
16        information gathering shall immediately terminate. In
17        order to approve obtaining location information, the
18        judge must make a determination (i) that he or she
19        would have granted an order had the information been
20        before the court prior to the obtaining of the
21        location information and (ii) there was an emergency
22        situation as defined in this paragraph (6).
23            (C) In the event that an application for approval
24        under this paragraph (6) is denied, the location
25        information obtained under this exception shall be
26        inadmissible in accordance with Section 20 of this



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1        Act; or
2        (7) to obtain location information relating to an
3    electronic device used to track a vehicle or an effect
4    which is owned or leased by that law enforcement agency.
5(Source: P.A. 101-460, eff. 8-23-19.)".