Illinois General Assembly - Full Text of Public Act 099-0798
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Public Act 099-0798





Public Act 099-0798
SB2875 EnrolledLRB099 18953 SLF 43342 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Freedom From Location Surveillance Act is
amended by changing Sections 10 and 15 as follows:
    (725 ILCS 168/10)
    Sec. 10. Court authorization. Except as provided in
Section 15, a law enforcement agency shall not obtain current
or future location information pertaining to a person or his or
her effects without first obtaining a court order under Section
108-4 of the Code of Criminal Procedure of 1963 based on
probable cause to believe that the person whose location
information is sought has committed, is committing, or is about
to commit a crime or the effect is evidence of a crime, or if
the location information is authorized under an arrest warrant
issued under Section 107-9 of the Code of Criminal Procedure of
1963 to aid in the apprehension or the arrest of the person
named in the arrest warrant. An order issued under a finding of
probable cause under this Section must be limited to a period
of 60 days, renewable by the judge upon a showing of good cause
for subsequent periods of 60 days. A court may grant a law
enforcement entity's request to obtain current or future
location information under this Section through testimony made
by electronic means using a simultaneous video and audio
transmission between the requestor and a judge, based on sworn
testimony communicated in the transmission. The entity making
the request, and the court authorizing the request shall follow
the procedure under subsection (c) of Section 108-4 of the Code
of Criminal Procedure of 1963 which authorizes the electronic
issuance of search warrants.
(Source: P.A. 98-1104, eff. 8-26-14.)
    (725 ILCS 168/15)
    Sec. 15. Exceptions. This Act does not prohibit a law
enforcement agency from seeking to obtain current or future
location information:
        (1) to respond to a call for emergency services
    concerning the user or possessor of an electronic device;
        (2) with the lawful consent of the owner of the
    electronic device or person in actual or constructive
    possession of the item being tracked by the electronic
        (3) to lawfully obtain location information broadly
    available to the general public without a court order when
    the location information is posted on a social networking
    website, or is metadata attached to images and video, or to
    determine the location of an Internet Protocol (IP) address
    through a publicly available service;
        (4) to obtain location information generated by an
    electronic device used as a condition of release from a
    penal institution, as a condition of pre-trial release,
    probation, conditional discharge, parole, mandatory
    supervised release, or other sentencing order, or to
    monitor an individual released under the Sexually Violent
    Persons Commitment Act or the Sexually Dangerous Persons
        (5) to aid in the location of a missing person;
        (6) in emergencies as follows:
            (A) Notwithstanding any other provisions of this
        Act, any investigative or law enforcement officer may
        seek to obtain location information in an emergency
        situation as defined in this paragraph (6). This
        paragraph (6) applies only when there was no previous
        notice of the emergency to the investigative or law
        enforcement officer sufficient to obtain prior
        judicial approval, and the officer reasonably believes
        that an order permitting the obtaining of location
        information would issue were there prior judicial
        review. An emergency situation exists when:
                (i) the use of the electronic device is
            necessary for the protection of the investigative
            or law enforcement officer or a person acting at
            the direction of law enforcement; or
                (ii) the situation involves:
                    (aa) (I) a clear and present danger of
                imminent death or great bodily harm to persons
                resulting from:
                        (I) the use of force or the threat of
                    the imminent use of force,
                        (II) a kidnapping or the holding of a
                    hostage by force or the threat of the
                    imminent use of force, or
                        (III) the occupation by force or the
                    threat of the imminent use of force of any
                    premises, place, vehicle, vessel, or
                    (bb) (II) an abduction investigation;
                    (cc) (III) conspiratorial activities
                characteristic of organized crime;
                    (dd) (IV) an immediate threat to national
                security interest; or
                    (ee) (V) an ongoing attack on a computer
                comprising a felony; or .
                    (ff) escape under Section 31-6 of the
                Criminal Code of 2012.
            (B) In all emergency cases, an application for an
        order approving the previous or continuing obtaining
        of location information must be made within 72 hours of
        its commencement. In the absence of the order, or upon
        its denial, any continuing obtaining of location
        information gathering shall immediately terminate. In
        order to approve obtaining location information, the
        judge must make a determination (i) that he or she
        would have granted an order had the information been
        before the court prior to the obtaining of the location
        information and (ii) there was an emergency situation
        as defined in this paragraph (6).
            (C) In the event that an application for approval
        under this paragraph (6) is denied, the location
        information obtained under this exception shall be
        inadmissible in accordance with Section 20 of this Act;
        (7) to obtain location information relating to an
    electronic device used to track a vehicle or an effect
    which is owned or leased by that law enforcement agency.
(Source: P.A. 98-1104, eff. 8-26-14.)

Effective Date: 1/1/2017