Full Text of SB0107 103rd General Assembly
SB0107sam001 103RD GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 3/17/2023
| | 10300SB0107sam001 | | LRB103 24892 RLC 58951 a |
|
| 1 | | AMENDMENT TO SENATE BILL 107
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 107 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois State Police Law of the
Civil | 5 | | Administrative Code of Illinois is amended by adding Section | 6 | | 2605-225 as follows: | 7 | | (20 ILCS 2605/2605-225 new) | 8 | | Sec. 2605-225. Illinois State Police; violations of the | 9 | | Drones as First Responders Act. The Illinois State Police may | 10 | | investigate and determine whether its staff has violated the | 11 | | Drones as First Responders Act. If a pattern of willful and | 12 | | wanton violations of the Act by its staff is confirmed, then | 13 | | the Illinois State Police shall take actions to prevent future | 14 | | violations of Act through any one or more of the following | 15 | | means: training, discipline, removal of its pilot from its | 16 | | drone program, or
other means that will prevent repeated |
| | | 10300SB0107sam001 | - 2 - | LRB103 24892 RLC 58951 a |
|
| 1 | | violations of the Act by its staff. | 2 | | Section 10. The Illinois Police Training Act is amended by | 3 | | adding Section 8.5 as follows: | 4 | | (50 ILCS 705/8.5 new) | 5 | | Sec. 8.5. Illinois Law Enforcement Training Standards | 6 | | Board; violations of the Drones as First Responders Act. The | 7 | | Board may investigate complaints and determine whether law | 8 | | enforcement agencies other than the Illinois State Police have | 9 | | violated the Drones as First Responders Act. If a pattern of | 10 | | willful and wanton violations by a law enforcement agency | 11 | | other than the Illinois State Police is confirmed, the law | 12 | | enforcement agency shall take actions to prevent future | 13 | | violations of the Act through any one or more of the following | 14 | | means: training, discipline, removal of the pilot from its | 15 | | drone program, or
other means that will prevent repeated | 16 | | violations of the Act by the law enforcement agency. | 17 | | Section 15. The School Code is amended by adding Sections | 18 | | 10-27.1C and 34-240 as follows: | 19 | | (105 ILCS 5/10-27.1C new) | 20 | | Sec. 10-27.1C. Use of drone; notice to parents. A law | 21 | | enforcement agency may use a drone to evaluate traffic flow | 22 | | and parking around a school only if: (i) the law enforcement |
| | | 10300SB0107sam001 | - 3 - | LRB103 24892 RLC 58951 a |
|
| 1 | | agency first obtains from the school board that is responsible | 2 | | for the school authorization to use a drone over the school and | 3 | | (ii) the principal or administrator of the school notifies | 4 | | parents and guardians of students prior to use of the drone. | 5 | | The school board may authorize the use of a drone at the annual | 6 | | review conducted under Section 25 of the School Safety Drill | 7 | | Act or through a separate board action. Nothing in this | 8 | | Section shall be construed to prohibit a law enforcement | 9 | | agency from using a drone in accordance with the Drones as | 10 | | First Responders Act. | 11 | | In this Section, "drone" and "law enforcement agency" have | 12 | | the meanings provided in Section 5 of the Drones as First | 13 | | Responders Act. | 14 | | (105 ILCS 5/34-240 new) | 15 | | Sec. 34-240. Use of drones; notice to parents. A law | 16 | | enforcement agency may use a drone to evaluate traffic flow | 17 | | and parking around a school only if: (i) the law enforcement | 18 | | agency first obtains from the school board that is responsible | 19 | | for the school authorization to use a drone over the school and | 20 | | (ii) the principal or administrator of the school notifies | 21 | | parents and guardians of students prior to use of the drone. | 22 | | The school board may authorize the use of a drone at the annual | 23 | | review conducted under Section 25 of the School Safety Drill | 24 | | Act or through a separate board action. Nothing in this | 25 | | Section shall be construed to prohibit a law enforcement |
| | | 10300SB0107sam001 | - 4 - | LRB103 24892 RLC 58951 a |
|
| 1 | | agency from using a drone in accordance with the Drones as | 2 | | First Responders Act. | 3 | | In this Section, "drone" and "law enforcement agency" have | 4 | | the meanings provided for those terms in Section 5 of the | 5 | | Drones as First Responders Act. | 6 | | Section 25. The Freedom from Drone Surveillance Act is | 7 | | amended by changing Sections 1, 5, 15, 20, 25, and 35 and by | 8 | | adding Section 17 as follows: | 9 | | (725 ILCS 167/1)
| 10 | | Sec. 1. Short title. This Act may be cited as the Drones as | 11 | | First Responders Freedom from Drone Surveillance Act.
| 12 | | (Source: P.A. 98-569, eff. 1-1-14.) | 13 | | (725 ILCS 167/5)
| 14 | | Sec. 5. Definitions. As used in this Act: | 15 | | "Authority" means the Illinois Criminal Justice | 16 | | Information Authority. | 17 | | "Drone" means any aerial vehicle that does not carry a | 18 | | human operator. | 19 | | "Information" means any evidence, images, sounds, data, or | 20 | | other information gathered by a drone. | 21 | | "Law enforcement agency" means any agency of this State or | 22 | | a political subdivision of this State which is vested by law | 23 | | with the duty to maintain public order and to enforce criminal |
| | | 10300SB0107sam001 | - 5 - | LRB103 24892 RLC 58951 a |
|
| 1 | | laws.
| 2 | | "Permitted special event" means an activity: | 3 | | (1) for which a permit has been issued by the | 4 | | responsible governmental agency, including, but not | 5 | | limited to, the State of Illinois or a county, | 6 | | municipality, township, park district, or other unit of | 7 | | local government; and | 8 | | (2) that is either open to the public or for which the | 9 | | organizer has consented to the use of a drone. | 10 | | (Source: P.A. 98-569, eff. 1-1-14.) | 11 | | (725 ILCS 167/15) | 12 | | Sec. 15. Exceptions. This Act does not prohibit the use of | 13 | | a drone by a law enforcement agency: | 14 | | (1) To counter a high risk of a terrorist attack by a | 15 | | specific individual or organization if the United States | 16 | | Secretary of Homeland Security determines that credible | 17 | | intelligence indicates that there is that risk. | 18 | | (2) If a law enforcement agency first obtains a search | 19 | | warrant based on probable cause issued under Section 108-3 | 20 | | of the Code of Criminal Procedure of 1963. The warrant | 21 | | must be limited to a period of 45 days, renewable by the | 22 | | judge upon a showing of good cause for subsequent periods | 23 | | of 45 days. | 24 | | (3) If a law enforcement agency possesses reasonable | 25 | | suspicion that, under particular circumstances, swift |
| | | 10300SB0107sam001 | - 6 - | LRB103 24892 RLC 58951 a |
|
| 1 | | action is needed to prevent imminent harm to life, or to | 2 | | forestall the imminent escape of a suspect or the | 3 | | destruction of evidence. The use of a drone under this | 4 | | paragraph (3) is limited to a period of 48 hours. Within 24 | 5 | | hours of the initiation of the use of a drone under this | 6 | | paragraph (3), the chief executive officer of the law | 7 | | enforcement agency must report in writing the use of a | 8 | | drone to the local State's Attorney. | 9 | | (4) If a law enforcement agency is not undertaking a | 10 | | criminal investigation but is attempting to locate a | 11 | | missing person , engaging in search and rescue operations, | 12 | | or aiding a person who cannot otherwise be safely reached , | 13 | | and is not also undertaking a criminal investigation . | 14 | | (5) If a law enforcement agency is using a drone | 15 | | solely for crime scene and traffic crash scene | 16 | | photography. Crime scene and traffic crash photography | 17 | | must be conducted in a geographically confined and | 18 | | time-limited manner to document specific occurrences. The | 19 | | use of a drone under this paragraph (5) on private | 20 | | property requires either a search warrant based on | 21 | | probable cause under Section 108-3 of the Code of Criminal | 22 | | Procedure of 1963 or lawful consent to search. The use of a | 23 | | drone under this paragraph (5) on lands, highways, | 24 | | roadways, or areas belonging to this State or political | 25 | | subdivisions of this State does not require a search | 26 | | warrant or consent to search. Any law enforcement agency |
| | | 10300SB0107sam001 | - 7 - | LRB103 24892 RLC 58951 a |
|
| 1 | | operating a drone under this paragraph (5) shall make | 2 | | every reasonable attempt to only photograph the crime | 3 | | scene or traffic crash scene and avoid other areas.
| 4 | | (6) If a law enforcement agency is using a drone | 5 | | during a disaster or public health emergency, as defined | 6 | | by Section 4 of the Illinois Emergency Management Agency | 7 | | Act. The use of a drone under this paragraph (6) does not | 8 | | require an official declaration of a disaster or public | 9 | | health emergency prior to use. A law enforcement agency | 10 | | may use a drone under this paragraph (6) to obtain | 11 | | information necessary for the determination of whether or | 12 | | not a disaster or public health emergency should be | 13 | | declared, to monitor weather or emergency conditions, to | 14 | | survey damage, or to otherwise coordinate response and | 15 | | recovery efforts. The use of a drone under this paragraph | 16 | | (6) is permissible during the disaster or public health | 17 | | emergency and during subsequent response and recovery | 18 | | efforts. | 19 | | (7) To conduct an infrastructure inspection of a | 20 | | designated building or structure at the express request of | 21 | | a local governmental agency or to conduct an evaluation of | 22 | | traffic flow around a school in order to assist the | 23 | | school, law enforcement agency, and engineering staff to | 24 | | determine the optimal flow of traffic and parking around | 25 | | the school. The school evaluation shall be pre-planned and | 26 | | limited to the immediate roadway and parking areas at and |
| | | 10300SB0107sam001 | - 8 - | LRB103 24892 RLC 58951 a |
|
| 1 | | adjacent to the school. The school board or the board's | 2 | | designee must authorize the use of the drone for this | 3 | | purpose and, when feasible, shall notify parents ahead of | 4 | | time that this evaluation is planned. | 5 | | (8) To demonstrate the capabilities and functionality | 6 | | of a police drone for public relations purposes, provided | 7 | | that no information is recorded by the drone during such a | 8 | | demonstration. | 9 | | (9) In response to Public Safety Answering Point | 10 | | (PSAP) dispatched calls for service, when the primary | 11 | | purpose for using a drone is to locate or assist victims, | 12 | | to identify offenders, or to coordinate the response of | 13 | | emergency vehicles and personnel to an emergency. | 14 | | (10) To investigate a drone being used in violation of | 15 | | Federal Aviation Administration rules that pertain to | 16 | | safety, including, but not limited to, any rules that | 17 | | prohibit flying beyond visual line of sight, interfering | 18 | | with the flight of manned aircraft, flying over people, or | 19 | | flying in Federal Aviation Administration restricted areas | 20 | | (such as adjacent to or at airports or areas that have a | 21 | | Federal Aviation Administration-issued Temporary Flight | 22 | | Restriction). | 23 | | (11) If a law enforcement agency is using a drone at a | 24 | | permitted special event or at a public event hosted by a | 25 | | governmental unit in which a permit is not issued by the | 26 | | governmental
unit, such as a parade, street festival, |
| | | 10300SB0107sam001 | - 9 - | LRB103 24892 RLC 58951 a |
|
| 1 | | sporting event, or other
similar event. The use of a drone | 2 | | under this paragraph (11) requires that: | 3 | | (A) signs are posted, if practical, at major entry | 4 | | points to the event and clearly communicate to the | 5 | | participants that a drone may be used for the purpose | 6 | | of real-time monitoring of participant safety; and | 7 | | (B) the drone is flown in accordance with Federal | 8 | | Aviation Administration safety regulations. | 9 | | Under this exception (11), a law enforcement agency | 10 | | may use the drone: | 11 | | (i) in advance of an event before event | 12 | | participants have begun to assemble to determine | 13 | | appropriate access routes, staging areas, and traffic | 14 | | routes; or | 15 | | (ii) during the event to proactively support | 16 | | public safety personnel by monitoring the event | 17 | | footprint for the following in real time: | 18 | | (I) to detect any breach of public event space | 19 | | to include: unauthorized vehicles, interruptions | 20 | | of parade routes, breaching event barricades, or | 21 | | fencing; | 22 | | (II) to monitor crowd size and density in real | 23 | | time; | 24 | | (III) to provide real-time monitoring for | 25 | | activity that could present a public safety issue | 26 | | for the crowd as a whole, including crowd |
| | | 10300SB0107sam001 | - 10 - | LRB103 24892 RLC 58951 a |
|
| 1 | | movement; | 2 | | (IV) to assist in the response of public | 3 | | safety personnel to a real-time public safety | 4 | | incident at the event; and | 5 | | (V) to assess the traffic and pedestrian flow | 6 | | around the event in real time. | 7 | | (12) To conduct department-approved training for any | 8 | | of the types of operations
authorized by the preceding | 9 | | exemptions, while
complying with Section 20 of this Act. | 10 | | (Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15 .) | 11 | | (725 ILCS 167/17 new) | 12 | | Sec. 17. Use of facial recognition. A law enforcement | 13 | | agency operating a drone under this Act is prohibited from | 14 | | using, during a flight, onboard facial
recognition software | 15 | | that works in conjunction with the drone, unless there is a | 16 | | reasonable
suspicion that a felony, as defined in Section 2-7 | 17 | | of the Criminal Code of 2012, is occurring or has just occurred | 18 | | at that
location or in the immediate vicinity; or the law | 19 | | enforcement agency is attempting to locate a specific person | 20 | | who it reasonably
believes may cause great bodily harm to one | 21 | | or more persons at that location. Nothing in this Act prevents | 22 | | a law enforcement agency from using captured images, photos, | 23 | | or video from a drone at a later time to identify persons
| 24 | | involved in criminal activity, if the images, photos, or video | 25 | | are being maintained in accordance with Section 20 of
this |
| | | 10300SB0107sam001 | - 11 - | LRB103 24892 RLC 58951 a |
|
| 1 | | Act. | 2 | | (725 ILCS 167/20)
| 3 | | Sec. 20. Information retention. | 4 | | (a) If a law enforcement agency uses a drone under Section | 5 | | 15 of this Act, the agency within 30 days shall , within the | 6 | | following time frames, destroy all photos, videos, and images | 7 | | gathered by the drone: information gathered by the drone, | 8 | | except that a supervisor at that agency may retain particular | 9 | | information if: | 10 | | (1) All photos, videos, and images gathered pursuant | 11 | | to paragraphs (1) through (11) of Section 15 shall be | 12 | | destroyed within 30 days after being recorded. | 13 | | (2) All photos, videos, and images gathered pursuant | 14 | | to paragraph (12) of Section 15 shall be destroyed within | 15 | | 7 days after being recorded. | 16 | | (b) Notwithstanding subsection (a), a supervisor
at a law | 17 | | enforcement agency may retain particular information if: | 18 | | (1) there is reasonable suspicion that the information | 19 | | contains evidence of criminal activity ; , or | 20 | | (2) the information is relevant to an ongoing | 21 | | investigation or pending criminal trial ; | 22 | | (3) a supervisor at the agency deems that the | 23 | | information will be used exclusively for training | 24 | | purposes, provided that any such information shall not | 25 | | contain any personally identifiable information; |
| | | 10300SB0107sam001 | - 12 - | LRB103 24892 RLC 58951 a |
|
| 1 | | (4) the information consists of flight path data, | 2 | | metadata, or telemetry information of the drone; | 3 | | (5) the information relates to infrastructure | 4 | | inspections conducted at the request of a local | 5 | | governmental agency or traffic and parking evaluations | 6 | | conducted at a school; or | 7 | | (6) the information was gathered during the | 8 | | investigation of a drone being used in violation of | 9 | | Federal Aviation Administration safety rules as stated in | 10 | | paragraph (10) of Section 15 .
| 11 | | (Source: P.A. 98-569, eff. 1-1-14.) | 12 | | (725 ILCS 167/25)
| 13 | | Sec. 25. Information disclosure. | 14 | | (a) If a law enforcement agency uses a drone under Section | 15 | | 15 of this Act, the agency shall not disclose any information | 16 | | gathered by the drone, except that a supervisor of that agency | 17 | | may disclose particular information to another governmental | 18 | | government agency, if (1) there is reasonable suspicion that | 19 | | the information contains evidence of criminal activity, or (2) | 20 | | the information is relevant to an ongoing investigation or | 21 | | pending criminal trial.
| 22 | | (b) Records of drone usage, including flight path date, | 23 | | metadata, or telemetry information of specific flights, if | 24 | | available, may be disclosed subject to the Freedom of | 25 | | Information Act and rules adopted under that Act. |
| | | 10300SB0107sam001 | - 13 - | LRB103 24892 RLC 58951 a |
|
| 1 | | (c) Information relating to infrastructure inspections | 2 | | conducted at the request of a local governmental agency may be | 3 | | disclosed to that local governmental agency or in the case of | 4 | | traffic and parking evaluations conducted at a school it may | 5 | | also be disclosed to the school or any engineering staff | 6 | | involved in the process. | 7 | | (d) Nothing in this Act prevents the disclosure of | 8 | | information through a court order or subpoena in connection | 9 | | with a criminal proceeding or if the disclosure is in regard to | 10 | | a completed traffic crash investigation. | 11 | | (Source: P.A. 98-569, eff. 1-1-14.) | 12 | | (725 ILCS 167/35)
| 13 | | Sec. 35. Reporting.
| 14 | | (a) If a law enforcement agency owns one or more drones, | 15 | | then subsequent to the effective date of this Act, it shall | 16 | | report in writing annually by April 1 to the Authority the | 17 | | number of drones that it owns , the number of times a drone was | 18 | | used pursuant to paragraphs (3), (4), (5), (6), (7), (8), and | 19 | | (9) of Section 15, including the date of use, time of use, | 20 | | reason for use, location, whether video was recorded, and | 21 | | whether the video is designated for retention for training | 22 | | purposes. The report shall contain a copy of the agency's | 23 | | latest policy concerning drones as of the most recent April 1 . | 24 | | (b) On July 1 of each year, the Authority shall publish on | 25 | | its publicly available website a concise report that lists |
| | | 10300SB0107sam001 | - 14 - | LRB103 24892 RLC 58951 a |
|
| 1 | | every law enforcement agency that owns a drone, and for each of | 2 | | those agencies, the number of drones that it owns , the number | 3 | | of times a drone was used pursuant to paragraphs (3), (4), (5), | 4 | | (6), (7), (8), and (9) of Section 15, including the date of | 5 | | use, time of use, reason for use, location, whether video was | 6 | | recorded, whether the video is designated for retention for | 7 | | training purposes. The report shall contain a copy of the | 8 | | agency's latest policy concerning drones as of the most recent | 9 | | April 1 .
| 10 | | (c) Each law enforcement agency that uses a drone shall | 11 | | implement and make publicly available on its website the law | 12 | | enforcement agency's policy governing the operation, use, | 13 | | administration, and oversight of its drone program. | 14 | | (Source: P.A. 98-569, eff. 1-1-14.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
|
|