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725 ILCS 167/45 (725 ILCS 167/45) Sec. 45. Policy; violations. (a) Each law enforcement agency using drones under this Act shall have a policy outlining drone use consistent with this Act. The policy shall include that, if an agency learns of violations of this Act, the agency shall immediately take actions to prevent future violations of the Act through any one or more of the following means: training, discipline, including progressive discipline for repeat violations, or other means that will prevent repeated violations of the Act by law enforcement. If an agency learns of willful and wanton violations of this Act, the agency shall immediately remove the pilot from its drone program and take action to prevent future willful and wanton violations of the Act. (b) The Attorney General shall have authority to conduct investigations into patterns and practices of violations of this Act. The Attorney General may: (1) require a law enforcement agency, law enforcement | | official, or any other person or entity to file a statement or report in writing under oath or otherwise, as to all information the Attorney General may consider necessary;
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| (2) examine under oath any law enforcement official
| | or any other person alleged to have participated in or with knowledge of the alleged violation; or
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| (3) issue subpoenas, obtain records, conduct
| | hearings, or take any other actions in aid of any investigation.
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| If a law enforcement agency, law enforcement official, or other person or entity fails to comply, in whole or in part, with a subpoena or other investigative request issued under paragraph (3) of this subsection, the Attorney General may compel compliance through an action in the circuit court.
(c) Following completion of an investigation under subsection (b), the Attorney General may, upon his or her own information or upon the complaint of any person, maintain an action for declaratory, injunctive, or any other equitable relief in the circuit court against any law enforcement agency, law enforcement official, or other person or entity who violates any provision of this Act. These remedies are in addition to, and not in substitution for, other available remedies, penalties, or disciplinary action.
(d) Upon entry of an adverse judgment under this Act demonstrating a pattern or practice of violations of this Act, a law enforcement agency shall forfeit its ability to use drones under Section 15 of this Act for not less than 6 months for a first adverse judgment and up to one year for a second adverse judgment demonstrating a pattern or practice of violating this Act.
(e) Nothing in this Section is intended to prohibit or limit any other remedy available by law.
(Source: P.A. 103-101, eff. 6-16-23.)
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