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Public Act 098-0831
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| SB2937 Enrolled | LRB098 17872 RLC 52996 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Freedom from Drone Surveillance Act is |
amended by changing Section 15 and by adding Section 40 as |
follows:
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(725 ILCS 167/15)
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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 |
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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 attempting to locate |
a missing person, 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.
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(6) If a law enforcement agency is using a drone during |
a disaster or public health emergency, as defined by |
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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. |
(Source: P.A. 98-569, eff. 1-1-14.)
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(725 ILCS 167/40 new) |
Sec. 40. Law enforcement use of private drones. |
(a) Except as provided in Section 15, a law enforcement |
agency may not acquire information from or direct the |
acquisition of information through the use of a drone owned by |
a private third party. In the event that law enforcement |
acquires information from or directs the acquisition of |
information through the use of a privately owned drone under |
Section 15 of this Act, any information so acquired is subject |
to Sections 20 and 25 of this Act. |
(b) Nothing in this Act prohibits private third parties |
from voluntarily submitting information acquired by a |