Public Act 103-0300
HB2245 EnrolledLRB103 25366 HEP 51711 b

    AN ACT concerning transportation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Vehicle Code is amended by adding
Sections 4-110 and 4-111 as follows:
    (625 ILCS 5/4-110 new)
    Sec. 4-110. Stolen vehicle recovery hotline. In a county
having a population of 3,000,000 or more, the county sheriff
shall establish with other law enforcement agencies a vehicle
theft hotline to facilitate interaction with vehicle
manufacturers and vehicle location vendors consistent with the
Freedom From Location Surveillance Act. The county sheriff
shall collaborate with vehicle manufacturers, dealers, and
vehicle location vendors to provide information and assistance
to law enforcement officers in the investigation of a
vehicular hijacking or kidnapping incident and ensure that
consumers are provided with information concerning the
hotline, new or used vehicles manufactured with stolen vehicle
locator capabilities, and how consumers can activate stolen
vehicle locator services by publishing the information in a
conspicuous location on the county sheriff's website.
    (625 ILCS 5/4-111 new)
    Sec. 4-111. Manufacturer's vehicle incident hotline; law
enforcement verification; manufacturer statements.
    (a) Unless the manufacturer or its vehicle location vendor
operates an existing vehicle location service line, a
manufacturer of any vehicle sold in this State shall maintain
a telephone number that is staffed and available to State,
county, and local law enforcement agencies and their
respective 9-1-1 system call centers or designated dispatch
centers 24 hours a day, 7 days a week to assist law enforcement
with locating vehicles in the investigation of vehicles stolen
in vehicular hijacking incidents or that have been used in the
commission of a kidnapping. The hotline for the manufacturer
or the manufacturer's vehicle location vendor shall relay
vehicle location information, including real-time vehicle
location information whenever reasonably possible, to the
9-1-1 call center or designated dispatch center or sworn law
enforcement personnel for any of the responding law
enforcement agencies, to the best of the manufacturer's or
vehicle location vendor's technical capability when:
        (1) a warrant or other court order has been issued
    relating to the vehicle's location information and
    provided to the manufacturer or the vehicle location
    vendor; or
        (2) the vehicle owner lawfully consents to the vehicle
    location information being shared with the 9-1-1 call
    center or designated dispatch center and responding law
    enforcement officials; or
        (3) the 9-1-1 call center or designated dispatch
    center or responding law enforcement officials:
            (A) provides adequate verification to the
        manufacturer or the vehicle location vendor, of their
        identity as law enforcement and the identity of the
        responding law enforcement official; and
            (B) the responding law enforcement officials shall
        certify to the manufacturer or the vehicle location
        vendor, that the situation involves a clear and
        present danger of death or great bodily harm to
        persons resulting from the vehicular hijacking or
        kidnapping incident.
    (b) State, county, and local law enforcement agencies
shall use their respective 9-1-1 system call centers or
designated dispatch centers for the purpose of verification of
law enforcement officers' identities and bona fide incident
report numbers related to incidents.
    (c) If a vehicle is equipped with functioning vehicle
location tracking capability, but the capability is not
currently activated, the manufacturer or the vehicle location
vendor shall waive all fees associated with initiating,
renewing, reestablishing, or maintaining the vehicle location
service the vehicle is equipped with during the investigation
of the vehicle being stolen in a vehicular hijacking incident
or being used in the commission of kidnapping incident when
law enforcement has confirmed that the situation involves a
clear and present danger of death or great bodily harm to
persons as described in paragraph (3) of subsection (a) and
requires disclosure of vehicle location information without
    (d) A vehicle manufacturer or a subsidiary, vendor,
employee, officer, director, representative, or contractor of
the vehicle manufacturer shall not be liable and no cause of
action shall arise under the laws of this State for providing,
or in good faith attempting to provide, information or
assistance to a law enforcement agency, 9-1-1 call center, or
designated dispatch center pursuant to the mechanisms and
processes established under this Section.
    Section 10. The Freedom From Location Surveillance Act is
amended by changing Section 15 as follows:
    (725 ILCS 168/15)
    Sec. 15. Exceptions. This Act does not prohibit a law
enforcement agency from seeking to obtain location
        (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) 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) 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; or .
                    (gg) vehicular hijacking.
            (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. 101-460, eff. 8-23-19.)

Effective Date: 1/1/2024