HB5275ham001 104TH GENERAL ASSEMBLY

Rep. Angelica Guerrero-Cuellar

Filed: 4/17/2026

10400HB5275ham001 LRB104 19739 RLC 36823 a

AMENDMENT TO HOUSE BILL 5275

AMENDMENT NO. ______. Amend House Bill 5275 by replacing everything after the enacting clause with the following:

"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, 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:

"Bodily harm" is as described in Section 12-3 of the Criminal Code of 2012.

"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.

"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" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.

"Kinetic impact projectile", "chemical agent or irritant", "lethal projectile", "great bodily harm", and "non-lethal projectile" are as described in Section 7-5.5 of the Criminal Code of 2012.

"Laser" has the meaning ascribed to it in Section 26-7 of 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. Interfering drone operations at emergency scenes.

(a) As used in this Section, "materially distracts or interferes" refers to actions that cause emergency personnel to divert attention from their duties, alter tactical positioning, take evasive measures to address a drone, or impede access to or movement within the emergency scene.

(b) Offense. A person commits unlawful drone operation at an emergency scene when the person knowingly:

(1) operates a drone:

(A) below 200 feet above ground level;

(B) within 400 feet horizontally of an emergency response activity, as reasonably identifiable by the presence of emergency vehicles, personnel, equipment, or marked emergency perimeters; and

(C) in a manner that physically obstructs, materially distracts or interferes, or reasonably creates a safety hazard to emergency response personnel, emergency vehicles or aircraft engaged in the response, or individuals involved in the emergency response situation;

(2) uses, discloses, publishes, or otherwise shares any image or visual media or depiction that the person knows or reasonably should know was obtained in violation of paragraph (1) of this subsection (b). This paragraph applies solely to the drone operator.

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

(1) prohibit any person from photographing, recording, transmitting, streaming, publishing, or otherwise disseminating images, video, or audio of emergency response activity from any location, including by drone, where that person and the drone are lawfully present and the drone is not operated in a manner that satisfies all of the elements in subsection (b); or

(2) impose criminal or civil liability based solely on the content, viewpoint, subject matter, or subsequent use, disclosure, or publication of any image, video, or audio recording in a manner that does not violate subsection (b).

(d) Clarification regarding airspace regulation. 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.

(e) Penalty. A person who violates this Section commits a Class A misdemeanor. Each separate flight or operation during which a drone is operated in violation of paragraph (1) of subsection (b) constitutes a separate offense.

(e-5) Each separate act of use, disclosure, publication, or sharing of images or visual depictions in violation of paragraph (2) of subsection (b) shall constitute a separate offense.

(f) Exemptions. This Section does not apply to:

(1) the operation of a drone, or the capture, transmission, or use of images or audio, 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; or

(2) the operation of a drone, or the capture, transmission, or use of images or audio, 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; or (3) the operation of a drone 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 operation does not satisfy all of the elements in subsection (b).

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 projectile.

(b)(1) A person who violates subsection (a) commits a Class A misdemeanor if the violation does not cause bodily harm.

(2) A person who violates subsection (a) and causes bodily harm commits a Class 4 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 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 extends 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) A violation of paragraph (1) or (2) of subsection (a) is a Class C misdemeanor. A violation of paragraph (3) of subsection (a) has the same penalties as a violation of Section 31A-1.1 of the Criminal Code of 2012.

(e) 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 30. 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. If Section 36-1 of the Criminal Code of 2012 and Article 124B of the Code of Criminal Procedure of 1963 do not apply, the drone shall be immediately returned to the drone operator or owner.

(c) No images or data seized under this Section shall be retained by a State or municipal agency, or its employees, unless there is probable cause that they contain evidence of a crime and the court has provided notice and an opportunity for hearing to the owner or operator of the drone. If there is no probable cause to retain data or images from the drone or any attached storage device, no images or data shall be retained by any State or municipal agency or any of its employees. No State or municipal agency shall delete, destroy, or otherwise remove or edit any data or images stored on the drone or any attached storage device. Any data that has been retained following a hearing with the drone operator must be deleted within 30 days unless relevant to an ongoing investigation.

Section 35. 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 40. Enforcement. This Act shall be enforced by State and local law enforcement agencies.

Section 45. 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 50. 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 related public safety initiatives.

Section 55. 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 60. Annual reporting. Enforcement data under this Act shall be reported through the Illinois State Police's Uniform Crime Reporting 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.".