Public Act 103-0101
 
HB3902 EnrolledLRB103 31058 DTM 57678 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  




 
    Section 1. This Act may be referred to as the Drones as 
First Responders Act.
 
    Section 5. The Freedom from Drone Surveillance Act is 
amended  by changing Sections  5, 15, 20, 25, and 35 and by 
adding Sections 17, 18, and 45  as follows:
 
    (725 ILCS 167/5)

    Sec. 5. Definitions.   As used in this Act:
    "Authority" means the Illinois Criminal Justice 
Information Authority.
    "Drone" means any aerial vehicle that does not carry a 
human operator.
    "Information" means any evidence, images, sounds, data, or 
other information gathered by a drone.
    "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.


    "Parade" means a march, procession, or other similar 
activity consisting of persons, animals, vehicles, or things, 
or any combination thereof, upon a public street, sidewalk, 
alley, or other public place, which requires a street closing 
or otherwise requires stopping or rerouting vehicular traffic 
because the parade will not or cannot comply with normal and 
usual traffic regulations or controls. "Parade" does not 
include a political protest, march, demonstration, or other 
assembly protected by the First Amendment. 
    "Routed event" means a parade, walk, or race that: 
        (1) is hosted by the State of Illinois or a county, 
    municipality, township, or park district;
        (2) is outdoors and open to the public; and 
        (3) has an estimated attendance of more than 50 
    people. 
    "Routed event" does not include any political protest, 
march, demonstration, or other assembly protected by the First 
Amendment. 
    "Special event" means a concert or food festival that:
        (1) is hosted by the State of Illinois or a county, 
    municipality, township, or park district;
        (2) is outdoors and open to the public; and 
        (3) has an estimated attendance of: 
            (i) 150 or more people in a unit of local 
        government with a population that is less than 50,000;
            (ii) 250 or more people in a unit of local 
        government with a population that is greater than or 
        equal to 50,000 but less than 100,000;
            (iii) 350 or more people in a unit of local 
        government with a population that is greater than or 
        equal to 100,000 but less than 500,000; or
            (iv) 500 or more people in a unit of local 
        government with a population that is  500,000 or more.
    "Special event" does not include any political protest, 
march, demonstration, or other assembly protected by the First 
Amendment. 
(Source: P.A. 98-569, eff. 1-1-14.)
 
    (725 ILCS 167/15)
    Sec. 15. Exceptions.   This Act does not prohibit the use of 
a drone by a law enforcement agency:
        (1) To counter a high risk of a terrorist attack by a 
    specific individual or organization if the United States 
    Secretary of Homeland Security determines that credible 
    intelligence indicates that there is that risk.
        (2) If a law enforcement agency first obtains a search 
    warrant based on probable cause issued under Section 108-3 
    of the Code of Criminal Procedure of 1963. The warrant 
    must be limited to a period of 45 days, renewable by the 
    judge upon a showing of good cause for subsequent periods 
    of 45 days.
        (3) If a law enforcement agency possesses reasonable 
    suspicion that, under particular circumstances, swift 
    action is needed to prevent imminent harm to life, or to 
    forestall the imminent escape of a suspect or the 
    destruction of evidence.  The use of a drone under this 
    paragraph (3) is limited to a period of 48 hours.  Within 24 
    hours of the initiation of the use of a drone under this 
    paragraph (3), the chief executive officer of the law 
    enforcement agency must report in writing the use of a 
    drone to the local State's Attorney.
        (4) If a law enforcement agency is not undertaking a 
    criminal investigation but is attempting to locate a 
    missing person, engaging in search and rescue operations, 
    or aiding a person who cannot otherwise be safely reached , 
    and is not also undertaking a criminal investigation.
        (5) If a law enforcement agency is using a drone 
    solely for crime scene and traffic crash scene 
    photography. Crime scene and traffic crash photography 
    must be conducted in a geographically confined and 
    time-limited manner to document specific occurrences. The 
    use of a   drone under this paragraph (5) on private 
    property requires either a search warrant based on 
    probable cause under Section 108-3 of the Code of Criminal 
    Procedure of 1963 or lawful consent to search. The use of a 
    drone under this paragraph (5) on lands, highways, 
    roadways, or areas belonging to this State or political 
    subdivisions of this State does not require a search 
    warrant or consent to search. Any law enforcement agency 
    operating a drone under this paragraph (5) shall make 
    every reasonable attempt to only photograph the crime 
    scene or traffic crash scene and avoid other areas.



        (6) If a law enforcement agency is using a drone 
    during a disaster or public health emergency, as defined 
    by Section 4 of the Illinois Emergency Management Agency 
    Act. The use of a drone under this paragraph (6) does not 
    require an official declaration of a disaster or public 
    health emergency prior to use. A law enforcement agency 
    may use a drone under this paragraph (6) to obtain 
    information necessary for the determination of whether or 
    not a disaster or public health emergency should be 
    declared, to monitor weather or emergency conditions, to 
    survey damage, or to otherwise coordinate response and 
    recovery efforts. The use of a drone under this paragraph 
    (6) is permissible during the disaster or public health 
    emergency and during subsequent response and recovery 
    efforts. 
        (7) To conduct an infrastructure inspection of a 
    designated building or structure at the express request of 
    a local government agency. Any law enforcement agency 
    operating a drone under this paragraph (7) shall make 
    every reasonable attempt to  photograph only the building 
    or structure and to avoid other areas.
        (8) To demonstrate the capabilities and functionality 
    of a police drone for public relations purposes, provided 
    that no information is collected or recorded by the drone 
    during such demonstration. 
        (9) In response to Public Safety Answering Point 
    (PSAP) dispatched calls for service, when the sole purpose 
    for using a drone is for one or more first responders to 
    locate victims, to assist with immediate victim health or 
    safety needs, or to coordinate the response of emergency 
    vehicles and personnel to an emergency. As used in this 
    paragraph (9), "Public Safety Answering Point" and "PSAP" 
    have the meaning given to those terms in Section 2 of the 
    Emergency Telephone System Act.
        (10) If a law enforcement agency is using a drone at a 
    routed event or special event.  The use of a drone under 
    this paragraph (10) requires that:
            (A) notice is posted at the event location for at 
        least 24 hours before the event and clearly 
        communicates that drones may be used at the upcoming 
        event for the purpose of real-time monitoring of 
        participant safety;
            (B) notice is posted, if practical, at major entry 
        points to the event clearly informing the attendees 
        that a drone may be used for the purpose of real-time 
        monitoring of participant safety; and 
            (C) the drone is flown in accordance with Federal 
        Aviation Administration   safety regulations.
        Under this paragraph (10), a law enforcement agency 
    may use the drone:
            (i) in advance of an event, before event 
        participants have begun to assemble, for the sole 
        purpose of creating maps and determining appropriate 
        access routes, staging areas, and traffic routes, 
        provided that no personal identifying information is 
        recorded and provided further that no recorded 
        information is used in any criminal prosecution; or
            (ii) during the event to proactively support 
        public safety personnel by monitoring the event 
        footprint in real time:
                (I) to detect a breach of event space, 
            including a breach by an unauthorized vehicle, an 
            interruption of a parade route, or a breach of an 
            event barricade or fencing;
                (II) to evaluate crowd size and density;
                (III) to identify activity that could present 
            a public safety issue for the crowd as a whole, 
            including crowd movement;
                (IV)    to assist in the response of public 
            safety personnel to a real-time public safety 
            incident at the event; and
                (V)         to assess the traffic and pedestrian flow 
            around the event in real time.
(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)
 
    (725 ILCS 167/17 new)
    Sec. 17. Use of facial recognition. A law enforcement 
agency operating a drone under this Act is prohibited from 
using, during a flight, onboard facial
recognition software 
that works in conjunction with the drone. A law enforcement 
agency operating a drone under this Act is prohibited from 
using any information gathered by a drone with any facial 
recognition software, unless either (i) the law enforcement 
agency is using a drone to counter a high risk of a terrorist 
attack by a specific individual or organization and the United 
States Secretary of Homeland Security has determined that 
credible intelligence indicates that there is such a risk or 
(ii) the law enforcement agency possesses reasonable suspicion 
that, under particular circumstances, swift action is needed 
to prevent imminent harm to life or to forestall the imminent 
escape of a suspect or the destruction of evidence.
 
    (725 ILCS 167/18 new)
    Sec. 18. Use of weapons. A law enforcement agency 
operating a drone under this Act is prohibited from equipping 
or using on a drone any firearm, weaponized laser, kinetic 
impact projectile, chemical agent or irritant, or any other 
lethal or non-lethal weapon.
 
    (725 ILCS 167/20)

    Sec. 20. Information retention. 
    (a) If a law enforcement agency uses a drone under Section 
15 of this Act, the agency within 30 days shall destroy all 
information gathered by the drone within the following 
timeframes:
        (1) All information gathered pursuant to paragraph 
    (1), (2), (3), (4), (5), (6), or (9) of Section 15 shall be 
    destroyed within 30 days after being gathered.
        (2) All information gathered pursuant to paragraph 
    (10) of Section 15 shall be destroyed within 24 hours 
    after being gathered. 
        (3) All information gathered pursuant to paragraph (7) 
    of Section 15 shall be turned over to the requesting local 
    government agency as soon as practicable, and all gathered 
    information shall be destroyed immediately after the 
    information has been turned over. 
    (b) Notwithstanding subsection (a), except that a 
supervisor at a law enforcement that agency may retain 
particular information if:
        (1) there is reasonable suspicion that the information 
    contains evidence of criminal activity; , or
        (2) the information is relevant to an ongoing 
    investigation or pending criminal trial; 
        (3) a supervisor at the agency deems that the

    information will be used exclusively for training

    purposes, provided that any such information shall not

    contain any personally identifiable information; or 
        (4) the information consists of only flight path data, 
    metadata, or telemetry information of the drone.



(Source: P.A. 98-569, eff. 1-1-14.)
 
    (725 ILCS 167/25)

    Sec. 25. Information disclosure. 
    (a)  If a law enforcement agency uses a drone under Section 
15 of this Act, the agency shall not disclose any information 
gathered by the drone, except that a supervisor of that agency 
may disclose particular information to another governmental 
government agency, if (1) there is reasonable suspicion that 
the information contains evidence of criminal activity, or (2) 
the information is relevant to an ongoing investigation or 
pending criminal trial.

    (b) Records of drone usage, including flight path data, 
metadata, or telemetry information of specific flights, if 
available, may be disclosed subject to the Freedom of 
Information Act and rules adopted under that Act. 
    (c) A law enforcement agency that uses a drone under 
Section 15 shall neither sell any information gathered by the 
drone nor disclose any information gathered by the drone to 
any person to whom disclosure is not authorized under this 
Section. 
    (d) Nothing in this Act prevents the disclosure of 
information through a court order or subpoena in connection 
with a criminal proceeding or if the disclosure is in regard to 
a completed traffic crash investigation. 
(Source: P.A. 98-569, eff. 1-1-14.)
 
    (725 ILCS 167/35)

    Sec. 35. Reporting.
 
    (a) If a law enforcement agency owns one or more drones, 
then subsequent to the effective date of this Act, it shall 
report in writing annually by April 1 to the Authority the 
number of drones that it owns, the number of times a drone was 
used pursuant to each paragraph of  Section 15, including the 
date of use, time of use, reason for use, location, whether 
video was recorded, and whether the video is designated for 
retention for training purposes.  The report shall contain a 
copy of the agency's latest policy concerning  drones as of the 
most recent April 1.
    (b) On July 1 of each year, the Authority shall publish on 
its publicly available website a concise report that lists  
every law enforcement agency that owns a drone, and for each of 
those agencies, the number of drones that it owns, the number 
of times a drone was used pursuant to each paragraph of Section 
15, including the date of use, time of use, reason for use, 
location, whether video was recorded, whether the video is 
designated for retention for training purposes.  The report 
shall contain a copy of the agency's latest policy concerning  
drones as of the most recent April 1.

    (c) Each law enforcement agency that uses a drone shall 
implement and make publicly available on its website the law 
enforcement agency's  policy governing the operation, use, 
administration, and oversight of its drone program. 
(Source: P.A. 98-569, eff. 1-1-14.)
 
    (725 ILCS 167/45 new)
    Sec. 45. Policy; violations.
    (a) Each law enforcement agency using drones under this 
Act shall have a policy outlining drone use consistent with 
this Act. The policy shall include that, if an agency learns of 
violations of this Act, the agency shall immediately take 
actions to prevent future violations of the Act through any 
one or more of the following means: training, discipline, 
including progressive discipline for repeat violations, or 
other means that will prevent repeated violations of the Act 
by law enforcement. If an agency learns of willful and wanton 
violations of this Act, the agency shall immediately remove 
the pilot from its drone program and take action to prevent 
future willful and wanton violations of the Act. 
    (b) The Attorney General shall have authority to conduct 
investigations into patterns and practices of violations of 
this Act. The Attorney General may:
        (1) require a law enforcement agency, law enforcement 
    official, or any other person or entity to file a 
    statement or report in writing under oath or otherwise, as 
    to all information the Attorney General may consider 
    necessary;
        (2) examine under oath any law enforcement official or 
    any other person alleged to have participated in or with 
    knowledge of the alleged violation; or
        (3) issue subpoenas, obtain records, conduct hearings, 
    or take any other actions in aid of any investigation.
    If a law enforcement agency, law enforcement official, or 
other person or entity fails to comply, in whole or in part, 
with a subpoena or other investigative request issued under 
paragraph (3) of this subsection, the Attorney General may 
compel compliance through an action in the circuit court. 
    (c) Following completion of an investigation under 
subsection (b), the Attorney General may, upon his or her own 
information or upon the complaint of any person, maintain an 
action for declaratory, injunctive, or any other equitable 
relief in the circuit court against any law enforcement 
agency, law enforcement official, or other person or entity 
who violates any provision of this Act. These remedies are in 
addition to, and not in substitution for, other available 
remedies, penalties, or disciplinary action. 
    (d) Upon entry of an adverse judgment under this Act 
demonstrating a pattern or practice of violations of this Act, 
a law enforcement agency shall forfeit its ability to use 
drones under Section 15 of this Act for not less than 6 months 
for a first adverse judgment and up to one year for a second 
adverse judgment demonstrating a pattern or practice of 
violating this Act. 
    (e) Nothing in this Section is intended to prohibit or 
limit any other remedy available by law. 


 
    Section 97. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.