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 Bill Status of SB2808  100th General Assembly


Short Description:  LOCATION SURVEILLANCE

Senate Sponsors
Sen. Daniel Biss - Michael Connelly - Chapin Rose and William R. Haine

House Sponsors
(Rep. Ann Williams - David Harris - Thomas Morrison - Barbara Wheeler - Robyn Gabel)

Last Action
DateChamber Action
  8/26/2014SenatePublic Act . . . . . . . . . 98-1104

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Freedom From Location Surveillance Act. Provides that 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 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 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 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. Provides exemptions. Provides that 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 the Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. Provides that 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 existed at the time the location information was obtained. Effective immediately.

Senate Floor Amendment No. 1
Replaces everything after the enacting clause. Creates the Freedom From Location Surveillance Act. Reinserts the provisions of the bill. Adds a definition of "basic subscriber information". Changes the exception from the court order or arrest warrant requirement for current or future location information to an exception for "seeking to obtain" the information (rather than an exception for "obtaining" the information). Provides that a law enforcement agency may seek to obtain current or future 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. Provides that a law enforcement agency may seek to obtain current or future 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. Provides that nothing in the Act shall be construed to require a person to provide current or future location information to a law enforcement agency under the law enforcement exceptions to the Act. Provides that the Act does not apply to a law enforcement agency obtaining basic subscriber information from a service provider under a valid subpoena, court order, or search warrant. Effective immediately.

House Committee Amendment No. 1
Provides that the Act does not prohibit a law enforcement agency from seeking to obtain current or future location information with the lawful consent of the owner of the electronic device.

Actions 
DateChamber Action
  1/30/2014SenateFiled with Secretary by Sen. Daniel Biss
  1/30/2014SenateFirst Reading
  1/30/2014SenateReferred to Assignments
  2/11/2014SenateAssigned to Criminal Law
  2/19/2014SenateDo Pass Criminal Law; 010-000-000
  2/19/2014SenatePlaced on Calendar Order of 2nd Reading February 20, 2014
  2/20/2014SenateSecond Reading
  2/20/2014SenatePlaced on Calendar Order of 3rd Reading February 25, 2014
  4/1/2014SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Daniel Biss
  4/1/2014SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/7/2014SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  4/8/2014SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 008-000-000
  4/8/2014SenateRecalled to Second Reading
  4/8/2014SenateSenate Floor Amendment No. 1 Adopted; Biss
  4/8/2014SenatePlaced on Calendar Order of 3rd Reading
  4/8/2014SenateAdded as Chief Co-Sponsor Sen. Michael Connelly
  4/8/2014SenateAdded as Chief Co-Sponsor Sen. Chapin Rose
  4/8/2014SenateAdded as Co-Sponsor Sen. William R. Haine
  4/8/2014SenateThird Reading - Passed; 052-000-000
  4/9/2014HouseArrived in House
  4/9/2014HouseChief House Sponsor Rep. Ann Williams
  4/9/2014HouseFirst Reading
  4/9/2014HouseReferred to Rules Committee
  4/28/2014HouseAssigned to Judiciary
  4/30/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Ann Williams
  4/30/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/5/2014HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  5/7/2014HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  5/7/2014HouseDo Pass as Amended / Short Debate Judiciary; 015-000-000
  5/7/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/9/2014HouseAdded Alternate Chief Co-Sponsor Rep. David Harris
  5/13/2014HouseSecond Reading - Short Debate
  5/13/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/14/2014HouseAdded Alternate Chief Co-Sponsor Rep. Thomas Morrison
  5/14/2014HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Wheeler
  5/15/2014HouseAdded Alternate Chief Co-Sponsor Rep. Robyn Gabel
  5/19/2014HouseThird Reading - Short Debate - Passed 111-000-000
  5/20/2014SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/20/2014SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 21, 2014
  5/20/2014SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Daniel Biss
  5/20/2014SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/26/2014SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law
  5/27/2014SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 007-000-000
  5/30/2014SenateHouse Committee Amendment No. 1 Senate Concurs 057-000-000
  5/30/2014SenatePassed Both Houses
  6/27/2014SenateSent to the Governor
  8/26/2014SenateGovernor Approved
  8/26/2014SenateEffective Date August 26, 2014
  8/26/2014SenatePublic Act . . . . . . . . . 98-1104

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