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| Public Act 099-0622 | ||||
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AN ACT concerning the use of cell site simulator devices.
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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 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.
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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.
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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.
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