Public Act 101-0460
 
HB2134 EnrolledLRB101 09879 SLF 54981 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, 15, 20, and 25 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; 99-798, eff. 1-1-17.)
 
    (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 
    device;
        (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 
    Act;
        (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) 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 
                    aircraft; 
                    (bb) an abduction investigation;
                    (cc) conspiratorial activities 
                characteristic of organized crime;
                    (dd) an immediate threat to national 
                security interest;
                    (ee) 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; 
        or


        (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; 99-798, eff. 1-1-17.)
 
    (725 ILCS 168/20)

    Sec. 20. Admissibility.  If the court finds by a 
preponderance of the evidence that a law enforcement agency 
obtained current or future location information pertaining to a 
person or his or her effects in violation of Section 10 or 15 
of this Act, then the information shall be presumed to be 
inadmissible in any judicial or administrative proceeding. The 
State may overcome this presumption by proving the 
applicability of a judicially recognized exception to the 
exclusionary rule of the Fourth Amendment to the United States 
Constitution or Article I, Section 6 of the Illinois 
Constitution, or by a preponderance of the evidence that the 
law enforcement officer was acting in good faith and reasonably 
believed that one or more of the exceptions identified in 
Section 15 existed at the time the location information was 
obtained.



(Source: P.A. 98-1104, eff. 8-26-14.)
 
    (725 ILCS 168/25)

    Sec. 25. Providing location information to a law 
enforcement agency not required. Nothing in this Act shall be 
construed to require a person to provide current or future 
location information to a law enforcement agency under Section 
15.





(Source: P.A. 98-1104, eff. 8-26-14.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  

Effective Date:  8/23/2019