SB0107sam001 103RD GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 3/17/2023

10300SB0107sam001 LRB103 24892 RLC 58951 a

AMENDMENT TO SENATE BILL 107

AMENDMENT NO. ______. Amend Senate Bill 107 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-225 as follows:

(20 ILCS 2605/2605-225 new)

Sec. 2605-225. Illinois State Police; violations of the Drones as First Responders Act. The Illinois State Police may investigate and determine whether its staff has violated the Drones as First Responders Act. If a pattern of willful and wanton violations of the Act by its staff is confirmed, then the Illinois State Police shall take actions to prevent future violations of Act through any one or more of the following means: training, discipline, removal of its pilot from its drone program, or other means that will prevent repeated violations of the Act by its staff.

Section 10. The Illinois Police Training Act is amended by adding Section 8.5 as follows:

(50 ILCS 705/8.5 new)

Sec. 8.5. Illinois Law Enforcement Training Standards Board; violations of the Drones as First Responders Act. The Board may investigate complaints and determine whether law enforcement agencies other than the Illinois State Police have violated the Drones as First Responders Act. If a pattern of willful and wanton violations by a law enforcement agency other than the Illinois State Police is confirmed, the law enforcement agency shall take actions to prevent future violations of the Act through any one or more of the following means: training, discipline, removal of the pilot from its drone program, or other means that will prevent repeated violations of the Act by the law enforcement agency.

Section 15. The School Code is amended by adding Sections 10-27.1C and 34-240 as follows:

(105 ILCS 5/10-27.1C new)

Sec. 10-27.1C. Use of drone; notice to parents. A law enforcement agency may use a drone to evaluate traffic flow and parking around a school only if: (i) the law enforcement agency first obtains from the school board that is responsible for the school authorization to use a drone over the school and (ii) the principal or administrator of the school notifies parents and guardians of students prior to use of the drone. The school board may authorize the use of a drone at the annual review conducted under Section 25 of the School Safety Drill Act or through a separate board action. Nothing in this Section shall be construed to prohibit a law enforcement agency from using a drone in accordance with the Drones as First Responders Act.

In this Section, "drone" and "law enforcement agency" have the meanings provided in Section 5 of the Drones as First Responders Act.

(105 ILCS 5/34-240 new)

Sec. 34-240. Use of drones; notice to parents. A law enforcement agency may use a drone to evaluate traffic flow and parking around a school only if: (i) the law enforcement agency first obtains from the school board that is responsible for the school authorization to use a drone over the school and (ii) the principal or administrator of the school notifies parents and guardians of students prior to use of the drone. The school board may authorize the use of a drone at the annual review conducted under Section 25 of the School Safety Drill Act or through a separate board action. Nothing in this Section shall be construed to prohibit a law enforcement agency from using a drone in accordance with the Drones as First Responders Act.

In this Section, "drone" and "law enforcement agency" have the meanings provided for those terms in Section 5 of the Drones as First Responders Act.

Section 25. The Freedom from Drone Surveillance Act is amended by changing Sections 1, 5, 15, 20, 25, and 35 and by adding Section 17 as follows:

(725 ILCS 167/1)

Sec. 1. Short title. This Act may be cited as the Drones as First Responders Freedom from Drone Surveillance Act.

(Source: P.A. 98-569, eff. 1-1-14.)

(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.

"Permitted special event" means an activity:

(1) for which a permit has been issued by the responsible governmental agency, including, but not limited to, the State of Illinois or a county, municipality, township, park district, or other unit of local government; and

(2) that is either open to the public or for which the organizer has consented to the use of a drone.

(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 governmental agency or to conduct an evaluation of traffic flow around a school in order to assist the school, law enforcement agency, and engineering staff to determine the optimal flow of traffic and parking around the school. The school evaluation shall be pre-planned and limited to the immediate roadway and parking areas at and adjacent to the school. The school board or the board's designee must authorize the use of the drone for this purpose and, when feasible, shall notify parents ahead of time that this evaluation is planned.

(8) To demonstrate the capabilities and functionality of a police drone for public relations purposes, provided that no information is recorded by the drone during such a demonstration.

(9) In response to Public Safety Answering Point (PSAP) dispatched calls for service, when the primary purpose for using a drone is to locate or assist victims, to identify offenders, or to coordinate the response of emergency vehicles and personnel to an emergency.

(10) To investigate a drone being used in violation of Federal Aviation Administration rules that pertain to safety, including, but not limited to, any rules that prohibit flying beyond visual line of sight, interfering with the flight of manned aircraft, flying over people, or flying in Federal Aviation Administration restricted areas (such as adjacent to or at airports or areas that have a Federal Aviation Administration-issued Temporary Flight Restriction).

(11) If a law enforcement agency is using a drone at a permitted special event or at a public event hosted by a governmental unit in which a permit is not issued by the governmental unit, such as a parade, street festival, sporting event, or other similar event. The use of a drone under this paragraph (11) requires that:

(A) signs are posted, if practical, at major entry points to the event and clearly communicate to the participants that a drone may be used for the purpose of real-time monitoring of participant safety; and

(B) the drone is flown in accordance with Federal Aviation Administration safety regulations.

Under this exception (11), a law enforcement agency may use the drone:

(i) in advance of an event before event participants have begun to assemble to determine appropriate access routes, staging areas, and traffic routes; or

(ii) during the event to proactively support public safety personnel by monitoring the event footprint for the following in real time:

(I) to detect any breach of public event space to include: unauthorized vehicles, interruptions of parade routes, breaching event barricades, or fencing;

(II) to monitor crowd size and density in real time;

(III) to provide real-time monitoring for 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.

(12) To conduct department-approved training for any of the types of operations authorized by the preceding exemptions, while complying with Section 20 of this Act.

(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, unless there is a reasonable suspicion that a felony, as defined in Section 2-7 of the Criminal Code of 2012, is occurring or has just occurred at that location or in the immediate vicinity; or the law enforcement agency is attempting to locate a specific person who it reasonably believes may cause great bodily harm to one or more persons at that location. Nothing in this Act prevents a law enforcement agency from using captured images, photos, or video from a drone at a later time to identify persons involved in criminal activity, if the images, photos, or video are being maintained in accordance with Section 20 of this Act.

(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, within the following time frames, destroy all photos, videos, and images gathered by the drone: information gathered by the drone, except that a supervisor at that agency may retain particular information if:

(1) All photos, videos, and images gathered pursuant to paragraphs (1) through (11) of Section 15 shall be destroyed within 30 days after being recorded.

(2) All photos, videos, and images gathered pursuant to paragraph (12) of Section 15 shall be destroyed within 7 days after being recorded.

(b) Notwithstanding subsection (a), a supervisor at a law enforcement 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;

(4) the information consists of flight path data, metadata, or telemetry information of the drone;

(5) the information relates to infrastructure inspections conducted at the request of a local governmental agency or traffic and parking evaluations conducted at a school; or

(6) the information was gathered during the investigation of a drone being used in violation of Federal Aviation Administration safety rules as stated in paragraph (10) of Section 15.

(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 date, 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) Information relating to infrastructure inspections conducted at the request of a local governmental agency may be disclosed to that local governmental agency or in the case of traffic and parking evaluations conducted at a school it may also be disclosed to the school or any engineering staff involved in the process.

(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 paragraphs (3), (4), (5), (6), (7), (8), and (9) 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 paragraphs (3), (4), (5), (6), (7), (8), and (9) 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.)

Section 99. Effective date. This Act takes effect upon becoming law.".