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Rep. Ann Williams
Filed: 5/22/2013
| | 09800SB1587ham001 | | LRB098 08321 RLC 45809 a |
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| 1 | | AMENDMENT TO SENATE BILL 1587
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1587 on page 4, by |
| 3 | | replacing lines 5 through 12 with the following:
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| 4 | | "Section 30. Admissibility. If the court finds by a |
| 5 | | preponderance of the evidence that a law enforcement agency |
| 6 | | used a drone to gather information in violation of the |
| 7 | | information gathering limits in Sections 10 and 15 of this Act, |
| 8 | | then the information shall be presumed to be inadmissible in |
| 9 | | any judicial or administrative proceeding. The State may |
| 10 | | overcome this presumption by proving the applicability of a |
| 11 | | judicially recognized exception to the exclusionary rule of the |
| 12 | | Fourth Amendment to the U.S. Constitution or Article I, Section |
| 13 | | 6 of the Illinois Constitution to the information. Nothing in |
| 14 | | this Act shall be deemed to prevent a court from independently |
| 15 | | reviewing the admissibility of the information for compliance |
| 16 | | with the aforementioned provisions of the U.S. and Illinois |
| 17 | | Constitutions.".
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