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Public Act 098-1104


 

Public Act 1104 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-1104
 
SB2808 EnrolledLRB098 15865 RLC 50908 b

    AN ACT concerning location surveillance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Freedom From Location Surveillance Act.
 
    Section 5. Definitions. For the purpose of this Act:
    "Basic subscriber information" means name, address, local
and long distance telephone connection records or records of
session time and durations; length of services, including start
dates, and types of services utilized; telephone or instrument
number or other subscriber number or identity, including any
temporarily assigned network address; and the means and source
of payment for the service, including the credit card or bank
account number.
    "Electronic device" means any device that enables access
to, or use of:
        (1) an electronic communication service that provides
    the ability to send or receive wire or electronic
    communications;
        (2) a remote computing service that provides computer
    storage or processing services by means of an electronic
    communications system; or
        (3) a location information service such as a global
    positioning service or other mapping, locational, or
    directional information service.
    "Electronic device" does not mean devices used by a
governmental agency or by a company operating under a contract
with a governmental agency for toll collection, traffic
enforcement, or license plate reading.
    "Law enforcement agency" means any agency of this State or
a political subdivision of this State which is vested by law
with the duty to maintain public order or enforce criminal
laws.
    "Location information" means any information concerning
the location of an electronic device that, in whole or in part,
is generated by or derived from the operation of that device.
    "Social networking website" has the same meaning ascribed
to the term in paragraph (4) of subsection (b) of Section 10 of
the Right to Privacy in the Workplace Act.
 
    Section 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 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.
 
    Section 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:
                (I) a clear and present danger of imminent
            death or great bodily harm to persons resulting
            from a kidnapping or the holding of a hostage by
            force or the threat of the imminent use of force,
            or the occupation by force or the threat of the
            imminent use of force of any premises, place,
            vehicle, vessel, or aircraft;
                (II) an abduction investigation;
                (III) conspiratorial activities characteristic
            of organized crime;
                (IV) an immediate threat to national security
            interest; or
                (V) an ongoing attack on a computer comprising
            a felony.
        (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.
 
    Section 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.
 
    Section 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.
 
    Section 30. Inapplicability. This 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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/26/2014