99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2875

 

Introduced 2/17/2016, by Sen. Chris Nybo

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 168/10

    Amends the Freedom From Location Surveillance Act. Provides that a court may grant a law enforcement's request to obtain current or future location information through testimony made through electronic means using a simultaneous video and audio transmission between the requestor and judge, based on sworn testimony communicated in the transmission. The entity making the request, and the court authorizing the request shall follow the same procedure under the Code of Criminal Procedure of 1963, which authorizes the electronic issuance of search warrants.


LRB099 18953 SLF 43342 b

 

 

A BILL FOR

 

SB2875LRB099 18953 SLF 43342 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom From Location Surveillance Act is
5amended by changing Section 10 as follows:
 
6    (725 ILCS 168/10)
7    Sec. 10. Court authorization. Except as provided in
8Section 15, a law enforcement agency shall not obtain current
9or future location information pertaining to a person or his or
10her effects without first obtaining a court order under Section
11108-4 of the Code of Criminal Procedure of 1963 based on
12probable cause to believe that the person whose location
13information is sought has committed, is committing, or is about
14to commit a crime or the effect is evidence of a crime, or if
15the location information is authorized under an arrest warrant
16issued under Section 107-9 of the Code of Criminal Procedure of
171963 to aid in the apprehension or the arrest of the person
18named in the arrest warrant. An order issued under a finding of
19probable cause under this Section must be limited to a period
20of 60 days, renewable by the judge upon a showing of good cause
21for subsequent periods of 60 days. A court may grant a law
22enforcement entity's request to obtain current or future
23location information under this Section through testimony made

 

 

SB2875- 2 -LRB099 18953 SLF 43342 b

1by electronic means using a simultaneous video and audio
2transmission between the requestor and a judge, based on sworn
3testimony communicated in the transmission. The entity making
4the request, and the court authorizing the request shall follow
5the procedure under subsection (c) of Section 108-4 of the Code
6of Criminal Procedure of 1963 which authorizes the electronic
7issuance of search warrants.
8(Source: P.A. 98-1104, eff. 8-26-14.)