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Public Act 099-0622


 

Public Act 0622 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0622
 
SB2343 EnrolledLRB099 18271 SLF 42642 b

    AN ACT concerning the use of cell site simulator devices.
 
    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
Citizen Privacy Protection Act.
 
    Section 5. Definitions. As used in this Act:
    "Cell site simulator device" means a device that transmits
or receives radio waves to or from a communications device that
can be used to intercept, collect, access, transfer, or forward
the data transmitted or received by the communications device,
or stored on the communications device, including an
international mobile subscriber identity (IMSI) catcher or
other cell phone or telephone surveillance or eavesdropping
device that mimics a cellular base station and transmits radio
waves that cause cell phones or other communications devices in
the area to transmit or receive radio waves, electronic data,
location data, information used to calculate location,
identifying information, communications content, or metadata,
or otherwise obtains this information through passive means,
such as through the use of a digital analyzer or other passive
interception device. "Cell site simulator device" does not
include any device used or installed by an electric utility
solely to the extent the device is used by that utility to
measure electrical usage, to provide services to customers, or
to operate the electric grid.
    "Communications device" means any electronic device that
transmits signs, signals, writings, images, sounds, or data in
whole or in part by a wire, radio, electromagnetic,
photoelectric, or photo-optical system.
    "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 and to enforce criminal
laws.
 
    Section 10. Prohibited use of cell site simulator devices.
A law enforcement agency may not use a cell site simulator
device, except to locate or track the location of a
communications device or to identify a communications device.
Except as provided in Section 15 of the Freedom From Location
Surveillance Act, a court order based on probable cause that a
person whose location information is sought has committed, is
committing, or is about to commit a crime, is required for any
permitted use of a cell site simulator device.
 
    Section 15. Application for court order.
    (a) An application for a court order to use a cell site
simulator device, including an emergency application under
subparagraph (B) of paragraph (6) of Section 15 of the Freedom
From Location Surveillance Act, must include:
        (1) a description of the nature and capabilities of the
    cell site simulator device that will be used and the manner
    and method of its deployment, including whether the cell
    site simulator device will obtain data from non-target
    communications devices; and
        (2) a description of the procedures that will be
    followed to protect the privacy of non-targets during the
    investigation, including the deletion of data obtained
    from non-target communications devices.
    (b) If the cell site simulator device is used to locate or
track a known communications device, all non-target data must
be deleted as soon as reasonably practicable, but no later than
once every 24 hours.
    (c) If the cell site simulator device is used to identify
an unknown communications device, all non-target data must be
deleted as soon as reasonably practicable, but no later than
within 72 hours of the time that the unknown communications
device is identified, absent a court order preserving the
non-target data and directing that it be filed under seal with
the court. The court may retain data obtained from a non-target
communications device under a court order showing good cause
for no longer than the period required under Supreme Court
Rules. The law enforcement agency is prohibited from accessing
data obtained from a non-target communications device for the
purpose of any investigation not authorized by the original
court order.
    (d) A court order issued under this Section may be sealed
upon a showing of need, but for no more than 180 days, with any
extensions to be granted upon a certification that an
investigation remains active or a showing of exceptional
circumstances.
 
    Section 20. Admissibility. If the court finds by a
preponderance of the evidence that a law enforcement agency
used a cell site simulator to gather information in violation
of the limits in Sections 10 and 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 U.S. Constitution or Article I, Section 6 of
the Illinois Constitution to the information. Nothing in this
Act shall be deemed to prevent a court from independently
reviewing the admissibility of the information for compliance
with the aforementioned provisions of the U.S. and Illinois
Constitutions.

Effective Date: 1/1/2017