Sen. Daniel Biss

Filed: 3/5/2013

 

 


 

 


 
09800SB1918sam001LRB098 08324 RLC 41881 a

1
AMENDMENT TO SENATE BILL 1918

2    AMENDMENT NO. ______. Amend Senate Bill 1918 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Freedom From Cell Phone and GPS Location Surveillance Act.
 
6    Section 5. Definitions. For the purpose of this Act:
7    "Electronic device" means any device that enables access
8to, or use of:
9        (1) an electronic communication service that provides
10    the ability to send or receive wire or electronic
11    communications;
12        (2) a remote computing service that provides computer
13    storage or processing services by means of an electronic
14    communications system; or
15        (3) a location information service such as a global
16    positioning service or other mapping, locational, or

 

 

09800SB1918sam001- 2 -LRB098 08324 RLC 41881 a

1    directional information service.
2    "Electronic device" does not mean devices used by
3government for toll collection (such as I-Pass), or cameras
4used by government for traffic enforcement or license plate
5reading.
6    "Law enforcement agent" means any law enforcement officer
7of the State or political subdivision of the State, including,
8but not limited to, a law enforcement entity or any other
9investigative entity, agency, department, division, bureau,
10board, or commission, or any person acting or purporting to act
11for or on behalf of a State or local agency.
12    "Location information" means any information concerning
13the location of an electronic device that, in whole or in part,
14is generated by or derived from the operation of that device.
15    "Service provider" means the provider of an electronic
16communication service, remote computing service, or location
17information service.
 
18    Section 10. Warrant. Except as provided in Section 15, a
19law enforcement agent may not obtain location information
20without either a search warrant based on probable cause issued
21under Section 108-3 of the Code of Criminal Procedure of 1963,
22or an arrest warrant issued under Section 107-9 of that Code.
 
23    Section 15. Exceptions. Notwithstanding any other
24provisions of this Act, any law enforcement agent may obtain

 

 

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1location information:
2    (1) To respond to a call for emergency services from the
3user of the electronic device concerned.
4    (2) With the express consent of the subscriber or user of
5the electronic device concerned.
6    (3) When a law enforcement agent reasonably believes that
7obtaining location information without delay is necessary to
8protect a person from an imminent danger of death or great
9bodily harm, and the application to the service provider for
10location information is narrowly tailored to address this
11danger, subject to the following limitations:
12        (A) The application shall document the factual basis
13    for believing that this danger requires obtaining the
14    information without delay.
15        (B) The lead law enforcement agency involved in the
16    investigation shall retain the application for a minimum of
17    2 years, and shall provide it to the State's Attorney in
18    the county in which the lead agency is located within 48
19    hours of the time that the lead agency obtains access to
20    records under this paragraph (3). If the application is
21    denied by the service provider or the State's Attorney, or
22    both, the lead agency shall also retain any documentation
23    regarding the application's denial for a minimum of 2
24    years.
25        (C) Subsequent or ongoing use of location information
26    as described in this paragraph (3) beyond a 48-hour time

 

 

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1    span requires a warrant.
 
2    Section 20. Admissibility. Compliance with the provisions
3of this Act is a prerequisite to the admissibility into
4evidence of any information concerning location information
5but nothing in this Act shall be deemed to prevent a court from
6otherwise excluding the evidence on any other ground, nor shall
7anything in this Section be deemed to prevent a court from
8independently reviewing the admissibility of the evidence for
9compliance with the Fourth Amendment to the U.S. Constitution
10or with Article I, Section 6 of the Illinois Constitution.".