SB1918sam001 98TH GENERAL ASSEMBLY

Sen. Daniel Biss

Filed: 3/5/2013

09800SB1918sam001 LRB098 08324 RLC 41881 a

AMENDMENT TO SENATE BILL 1918

AMENDMENT NO. ______. Amend Senate Bill 1918 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Freedom From Cell Phone and GPS Location Surveillance Act.

Section 5. Definitions. For the purpose of this Act:

"Electronic device" means any device that enables access to, or use of:

(1) an electronic communication service that provides the ability to send or receive wire or electronic communications;

(2) a remote computing service that provides computer storage or processing services by means of an electronic communications system; or

(3) a location information service such as a global positioning service or other mapping, locational, or directional information service.

"Electronic device" does not mean devices used by government for toll collection (such as I-Pass), or cameras used by government for traffic enforcement or license plate reading.

"Law enforcement agent" means any law enforcement officer of the State or political subdivision of the State, including, but not limited to, a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or any person acting or purporting to act for or on behalf of a State or local agency.

"Location information" means any information concerning the location of an electronic device that, in whole or in part, is generated by or derived from the operation of that device.

"Service provider" means the provider of an electronic communication service, remote computing service, or location information service.

Section 10. Warrant. Except as provided in Section 15, a law enforcement agent may not obtain location information without either a search warrant based on probable cause issued under Section 108-3 of the Code of Criminal Procedure of 1963, or an arrest warrant issued under Section 107-9 of that Code.

Section 15. Exceptions. Notwithstanding any other provisions of this Act, any law enforcement agent may obtain location information:

(1) To respond to a call for emergency services from the user of the electronic device concerned.

(2) With the express consent of the subscriber or user of the electronic device concerned.

(3) When a law enforcement agent reasonably believes that obtaining location information without delay is necessary to protect a person from an imminent danger of death or great bodily harm, and the application to the service provider for location information is narrowly tailored to address this danger, subject to the following limitations:

(A) The application shall document the factual basis for believing that this danger requires obtaining the information without delay.

(B) The lead law enforcement agency involved in the investigation shall retain the application for a minimum of 2 years, and shall provide it to the State's Attorney in the county in which the lead agency is located within 48 hours of the time that the lead agency obtains access to records under this paragraph (3). If the application is denied by the service provider or the State's Attorney, or both, the lead agency shall also retain any documentation regarding the application's denial for a minimum of 2 years.

(C) Subsequent or ongoing use of location information as described in this paragraph (3) beyond a 48-hour time span requires a warrant.

Section 20. Admissibility. Compliance with the provisions of this Act is a prerequisite to the admissibility into evidence of any information concerning location information but nothing in this Act shall be deemed to prevent a court from otherwise excluding the evidence on any other ground, nor shall anything in this Section be deemed to prevent a court from independently reviewing the admissibility of the evidence for compliance with the Fourth Amendment to the U.S. Constitution or with Article I, Section 6 of the Illinois Constitution.".