HB5275 104TH GENERAL ASSEMBLY

LRB104 19739 RLC 33189 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5275

Introduced 2/10/2026, by Rep. Angelica Guerrero-Cuellar

SYNOPSIS AS INTRODUCED:

New Act

Creates the Drone Safety and Interference Prevention Act. Creates the offenses of (1) unlawful imaging of an emergency response activity; (2) unlawful operation over critical infrastructure facilities; and (3) unlawful operation of a drone over a correctional institution or facility. Defines these offenses and establishes penalties. Provides that a private person or entity operating a drone in the State is prohibited from equipping or using on the drone any firearm, weaponized laser, kinetic impact projectile, chemical agent or irritant, or any other lethal or non-lethal weapon. Provides that a law enforcement officer may seize a drone and any attached equipment, including any image-capturing devices, storage media, or weapons, if the officer has probable cause to believe the drone was used or operated in violation of the Act. Provides that any drone or equipment seized under the Act is subject to forfeiture in accordance with the Criminal Code of 2012 and the Forfeiture Article of the Code of Criminal Procedure of 1963, as applicable. Provides that the State may use forfeited drones and equipment for law enforcement purposes, including training and counter-drone operations. Provides that prior to forfeiture, the court shall provide notice and an opportunity for hearing to the owner or operator of the drone, unless the drone was abandoned or unclaimed. Provides that, if the court determines, by a preponderance of the evidence, that the drone was used in violation of the Act, the drone shall be forfeited to the State. Provides that any images or data seized under the provision shall be retained only if there is a reasonable suspicion they contain evidence of a crime. Provides that all other data must be deleted within 30 days unless relevant to an ongoing investigation. Provides that the State, any unit of local government, any law enforcement agency or any officers or agents of those entities that are acting reasonably and in good faith to enforce the Act are not civilly liable for damage to or loss of a drone, except for willful or wanton misconduct. Provides that the Act shall be enforced by State and local law enforcement agencies. Provides that enforcement data under the Act shall be reported through the Illinois State Police's existing Uniform Crime Reporting program. Contains a severability provision. Effective January 1, 2027.

A BILL FOR

AN ACT concerning drones.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Drone Safety and Interference Prevention Act.

Section 5. Findings and purpose. The General Assembly finds that unlawful drone operations threaten public safety, critical infrastructure, correctional facilities, and emergency response, and that existing federal regulation does not adequately address State criminal interests. This Act supplements federal authority through traditional police powers while safeguarding individual privacy and constitutional rights.

Section 10. Definitions. In this Act:

"Contraband" means an "item of contraband" as defined in Section 31A-0.1 of the Criminal Code of 2012.

"Correctional institution or facility" has the meaning ascribed to it in Section 3-1-2 of the Unified Code of Corrections.

"Critical infrastructure facility" means any one or more of the following facilities:

(1) a petroleum or alumina refinery;

(2) an electrical power generating facility, substation, switching station, electrical control center, or electric power lines and associated equipment infrastructure;

(3) a chemical, polymer, or rubber manufacturing facility;

(4) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(5) a natural gas compressor station;

(6) a liquid natural gas terminal or storage facility;

(7) wireline and wireless communications infrastructure;

(8) a port, railroad switching yard, trucking terminal, or other freight transportation facility;

(9) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids;

(10) a transmission facility used by a federally licensed radio or television station;

(11) a steelmaking facility that uses an electric arc furnace to make steel;

(12) a facility identified and regulated by the United States Department of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS) program;

(13) a dam that is regulated by the State or federal government;

(14) a natural gas distribution utility facility, including, but not limited to, pipeline interconnections, a city gate or town border station, metering station, below-ground or aboveground pipeline or piping and truck-loading or offloading facility, a natural gas storage facility, a natural gas transmission facility, or a natural gas utility distribution facility;

(15) a crude oil or refined products storage and distribution facility, including, but not limited to, a valve site, pipeline interconnection, pump station, metering station, below-ground or aboveground pipeline or piping, and truck-loading or offloading facility;

(16) a military facility, including a national guard facility and equipment storage area where non-military personnel are prohibited;

(17) a Department of Transportation facility and a location near or on a road or highway where the public is prohibited;

(18) a health care facility;

(19) any aboveground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, or other storage facility that is enclosed by a fence, other physical barrier, or is clearly marked with signs prohibiting trespassing, that are obviously designed to exclude intruders; or

(20) a commercial service airport as defined by the Federal Aviation Administration.

"Drone" means any aerial vehicle that does not carry a human operator.

"Emergency response activity" means any activity undertaken by a law enforcement agency, fire department, emergency medical services provider, emergency management agency, or other governmental agency in response to an incident, accident, fire, emergency, disaster, or search and rescue operation.

"Firearm", "laser", "kinetic impact projectile", "chemical agent or irritant", "lethal weapon", "bodily harm", "great bodily harm", and "non-lethal weapon" have the meanings ascribed to them in the Criminal Code of 2012.

"Operator" means a person who controls, directs, or causes the operation of a drone, whether directly or through autonomous or programmed means.

"Part 107 operational waiver" means a waiver or authorization issued by the Federal Aviation Administration under 14 CFR Part 107 permitting deviation from one or more provisions of the Small Unmanned Aircraft Systems rule.

"Private person or entity" means any individual, corporation, partnership, limited liability company, or other business entity or any association, society, or organization. "Person" does not include any governmental agency, law enforcement agency, fire department, emergency medical services provider, emergency management agency, or other unit of government.

Section 15. Unlawful imaging of emergency response activity.

(a) A person commits unlawful imaging of an emergency response activity when the person knowingly uses a drone to:

(1) knowingly capture, record, transmit, or stream any still image, video, or other visual depiction of an emergency response activity:

(A) while the drone is operating at an altitude of less than 400 feet above ground level; and

(B) within a lateral distance of 1,000 feet of the location at which the emergency response activity is occurring, as reasonably identifiable from the air by the presence of emergency vehicles, personnel, equipment, or marked emergency perimeters.

(2) knowingly use, disclose, publish, or otherwise share any image or visual depiction that the person knows or reasonably should know was obtained in violation of paragraph (1) of this subsection (a).

(b) Nothing in this Section shall be construed to regulate or prohibit the mere operation or flight path of a drone in the national airspace system. The offense under this Section is limited to the knowing collection, transmission, use, or disclosure of images as described in subsection (a).

(c) A person who violates this Section commits a Class A misdemeanor. Each separate flight or operation during which one or more images are captured, transmitted, used, or disclosed in violation of subsection (a) shall constitute a separate offense.

(d) This Section does not apply to:

(1) the capture, transmission, use, or disclosure of images by or under the direction of a law enforcement agency, fire department, emergency management agency, or other governmental agency acting within the scope of its official duties and in compliance with applicable federal law, including any Certificate of Authorization or Part 107 operational waiver issued by the Federal Aviation Administration;

(2) the capture, transmission, use, or disclosure of images that is expressly authorized for a particular emergency response activity by the incident commander or by the governmental agency in charge of the emergency response;

(3) the capture, transmission, use, or disclosure of images conducted pursuant to, and in material compliance with, a valid Part 107 operational waiver or other written authorization issued by the Federal Aviation Administration, provided that such activity does not otherwise interfere with or impede emergency response activity; or

(4) the capture of images of any political protest, march, demonstration, rally, or other assembly protected by the First Amendment of the United States Constitution or Section 4 of Article I of the Illinois Constitution.

Section 20. Private use; weapons prohibition.

(a) A private person or entity operating a drone in this State is prohibited from equipping or using on the drone any firearm, weaponized laser, kinetic impact projectile, chemical agent or irritant, or any other lethal or non-lethal weapon.

(b)(1) Except as otherwise provided in paragraphs (2) through (4) of this subsection (b), a person who violates subsection (a) commits a Class A misdemeanor.

(2) A person who violates subsection (a) and causes bodily harm to another person commits a Class 4 felony.

(3) A person who violates subsection (a) and causes great bodily harm to another person commits a Class 3 felony.

(4) A person who violates subsection (a) and causes the death of another person commits a Class 1 felony.

(c) Construction. Nothing in this Section shall be construed to:

(1) preempt or limit the authority of the Federal Aviation Administration over the navigable airspace of the United States; or

(2) authorize any operation or equipping of a drone contrary to federal law or regulation.

Section 25. Operation over critical infrastructure facilities.

(a) A person commits unlawful operation over critical infrastructure facilities when the person intentionally or knowingly operates a drone to:

(1) operate over a critical infrastructure facility at an altitude of less than 400 feet above ground level and within a horizontal distance of 250 feet; or

(2) make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility.

(b) For purposes of this Section, horizontal distance shall extend outward from the furthest exterior building walls, perimeter fences, permanent fixed perimeter, or another boundary clearly marked with posted notices of the critical infrastructure facility. Posted notices shall be conspicuously posted not more than 100 yards apart along a marked boundary and shall comply with guidelines issued by the Illinois Department of Transportation, Division of Aeronautics.

(c) Nothing in this Section shall be construed to regulate or prohibit the mere operation or flight path of a drone in the national airspace system. The offense under this Section is limited to the intentional or knowing conduct described in subsection (a).

(d) A person who violates this Section commits a Class A misdemeanor. Each separate flight or operation in violation of subsection (a) shall constitute a separate offense.

(e) This Section does not apply to:

(1) the federal government;

(2) the State of Illinois or any public body;

(3) a law enforcement agency;

(4) a person under contract with or otherwise acting under the direction or on behalf of the federal government, the State of Illinois, a public body, or a law enforcement agency;

(5) an owner or operator of the critical infrastructure facility;

(6) a person who has the prior written consent of the owner or operator of the critical infrastructure facility;

(7) the owner or occupant of the property on which the critical infrastructure facility is located;

(8) a person who has the prior written consent of the owner or occupant of the property on which the critical infrastructure facility is located; or

(9) the capture, transmission, use, or disclosure of images conducted pursuant to, and in material compliance with, a valid Part 107 operational waiver or other written authorization issued by the Federal Aviation Administration.

Section 30. Operation over correctional institution or facility; contraband delivery prohibition.

(a) A person commits unlawful operation of a drone over a correctional institution or facility when the person knowingly and intentionally operates a drone to:

(1) fly over a correctional institution or facility at an altitude of less than 400 feet above ground level and within a horizontal distance of 250 feet;

(2) make contact with a correctional institution or facility, including any person or object on the premises of or within the facility; or

(3) deliver, or attempt to deliver, contraband to a correctional institution or facility.

(b) For purposes of this Section, horizontal distance shall extend outward from the furthest exterior building walls, perimeter fences, permanent fixed perimeter, or another boundary clearly marked with posted notices of the correctional or detention facility. Posted notices shall be conspicuously posted not more than 100 yards apart along a marked boundary and shall comply with guidelines issued by the Illinois Department of Transportation, Division of Aeronautics.

(c) Nothing in this Section shall be construed to regulate or prohibit the mere operation or flight path of a drone in the national airspace system. The offense under this Section is limited to the intentional or knowing conduct described in subsection (a).

(d)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection (d), a violation of paragraph (1) or (2) of subsection (a) is a Class A misdemeanor. A violation of paragraph (3) of subsection (a) is a Class 2 felony.

(2) A violation of paragraph (3) of subsection (a) is a Class 1 felony if the contraband is:

(A) a firearm, firearm ammunition, or a controlled substance, as defined in the Illinois Controlled Substances Act; or

(B) the offense is committed by a person employed by the correctional institution or facility.

(3) A violation of paragraph (3) of subsection (a) is a Class X felony if the contraband is Category I contraband, including a firearm, explosive, acid, or any item that may cause death or great bodily harm.

(e) In addition to other penalties provided by law for commission of a felony under subsection (a)(3), a sentence imposed under this Section shall include a fine of not less than $1,500.

(f) Each separate flight or operation in violation of subsection (a) shall constitute a separate offense.

(g) This Section does not apply to:

(1) a person employed by a correctional or detention facility who operates the drone within the scope of the person's employment; or

(2) a person who receives prior written permission from the authority operating the correctional institution or facility to operate the drone over the facility.

Section 35. Seizure of drones.

(a) A law enforcement officer may seize a drone and any attached equipment, including any image-capturing devices, storage media, or weapons, if the officer has probable cause to believe the drone was used or operated in violation of this Act.

(b) Any drone or equipment seized under subsection (a) is subject to forfeiture in accordance with Section 36-1 of the Criminal Code of 2012 and Article 124B of the Code of Criminal Procedure of 1963, as applicable. The State may use forfeited drones and equipment for law enforcement purposes, including training and counter-drone operations.

(c) Prior to forfeiture, the court shall provide notice and an opportunity for hearing to the owner or operator of the drone, unless the drone was abandoned or unclaimed. If the court determines by a preponderance of the evidence that the drone was used in violation of this Act, the drone shall be forfeited to the State.

(d) Any images or data seized under this Section shall be retained only if there is reasonable suspicion they contain evidence of a crime. All other data must be deleted within 30 days unless relevant to an ongoing investigation.

Section 40. Civil immunity. The State, any unit of local government, law enforcement agency, or its officers or agents acting reasonably and in good faith to enforce this Act are not civilly liable for damage to or loss of a drone, except for willful or wanton misconduct.

Section 45. Enforcement. This Act shall be enforced by State and local law enforcement agencies.

Section 50. Construction. Nothing in this Act shall be construed to:

(1) preempt or limit the authority of the Federal Aviation Administration over the navigable airspace of the United States;

(2) authorize any operation or use of a drone in a manner contrary to federal law or regulation; or

(3) limit or repeal the Freedom from Drone Surveillance Act, the Illinois Aeronautics Act, or any other drone-related or unmanned aircraft provision of the Criminal Code of 2012, the Code of Criminal Procedure of 1963, or the Wildlife Code.

Section 55. Fines deposited into State Police Enforcement Fund. All fines and civil penalties collected under this Act shall be deposited into the State Police Enforcement Fund. Moneys deposited into the Fund under this Act shall be used by the Illinois State Police for grants to law enforcement agencies for drone system detection and countermeasures, public safety enforcement, counter-drone equipment and training at correctional or detention facilities, and critical infrastructure, and related public safety initiatives.

Section 60. Rulemaking authority. The Illinois State Police, in consultation with the Illinois Department of Transportation, Division of Aeronautics, may adopt rules as necessary to implement and enforce this Act, including standards for drone detection equipment, signage specifications, training requirements for counter-drone operations, and procedures for coordination with federal aviation authorities.

Section 65. Annual reporting. Enforcement data under this Act shall be reported through the Illinois State Police's existing Uniform Crime Reporting (UCR) program.

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 January 1, 2027.