SB2562 EngrossedLRB100 17764 SLF 32942 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 Drone Surveillance Act is
5amended by changing Section 15 and 35 as follows:
 
6    (725 ILCS 167/15)
7    Sec. 15. Exceptions. This Act does not prohibit the use of
8a drone by a law enforcement agency:
9        (1) To counter a high risk of a terrorist attack by a
10    specific individual or organization if the United States
11    Secretary of Homeland Security determines that credible
12    intelligence indicates that there is that risk.
13        (2) If a law enforcement agency first obtains a search
14    warrant based on probable cause issued under Section 108-3
15    of the Code of Criminal Procedure of 1963. The warrant must
16    be limited to a period of 45 days, renewable by the judge
17    upon a showing of good cause for subsequent periods of 45
18    days.
19        (3) If a law enforcement agency possesses reasonable
20    suspicion that, under particular circumstances, swift
21    action is needed to prevent imminent harm to life, or to
22    forestall the imminent escape of a suspect or the
23    destruction of evidence. The use of a drone under this

 

 

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1    paragraph (3) is limited to a period of 48 hours. Within 24
2    hours of the initiation of the use of a drone under this
3    paragraph (3), the chief executive officer of the law
4    enforcement agency must report in writing the use of a
5    drone to the local State's Attorney.
6        (4) If a law enforcement agency is attempting to locate
7    a missing person, and is not also undertaking a criminal
8    investigation.
9        (5) If a law enforcement agency is using a drone solely
10    for crime scene and traffic crash scene photography. Crime
11    scene and traffic crash photography must be conducted in a
12    geographically confined and time-limited manner to
13    document specific occurrences. The use of a drone under
14    this paragraph (5) on private property requires either a
15    search warrant based on probable cause under Section 108-3
16    of the Code of Criminal Procedure of 1963 or lawful consent
17    to search. The use of a drone under this paragraph (5) on
18    lands, highways, roadways, or areas belonging to this State
19    or political subdivisions of this State does not require a
20    search warrant or consent to search. Any law enforcement
21    agency operating a drone under this paragraph (5) shall
22    make every reasonable attempt to only photograph the crime
23    scene or traffic crash scene and avoid other areas.
24        (6) If a law enforcement agency is using a drone during
25    a disaster or public health emergency, as defined by
26    Section 4 of the Illinois Emergency Management Agency Act.

 

 

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1    The use of a drone under this paragraph (6) does not
2    require an official declaration of a disaster or public
3    health emergency prior to use. A law enforcement agency may
4    use a drone under this paragraph (6) to obtain information
5    necessary for the determination of whether or not a
6    disaster or public health emergency should be declared, to
7    monitor weather or emergency conditions, to survey damage,
8    or to otherwise coordinate response and recovery efforts.
9    The use of a drone under this paragraph (6) is permissible
10    during the disaster or public health emergency and during
11    subsequent response and recovery efforts.
12        (7) If a law enforcement agency is using a drone to
13    prepare for or monitor safety and security at a large-scale
14    event, if drone usage is limited to legitimate public
15    safety purposes, including, but not limited to, evaluating
16    crowd size, density, or movement; assessing public safety
17    vulnerabilities or weaknesses; determining appropriate
18    staffing levels for law enforcement or other public safety
19    personnel; or identifying possible criminal activity. In
20    this paragraph (7), "large-scale event" means a publicly or
21    privately held event reasonably estimated, at the
22    inception of the event, to be attended by more than 100
23    persons at a sports or entertainment arena, stadium,
24    convention hall, special event center, amusement facility,
25    a special event area licensed or permitted for use under
26    the authority of a unit of local government, or an event

 

 

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1    open to the public that takes place on a public way or
2    government-owned property. A law enforcement agency that
3    uses a drone under this paragraph (7) shall not equip the
4    drone with tear gas canisters, stun gun technology, or any
5    other dangerous or deadly weapon or fire a projectile from
6    a drone. In this paragraph (7), "dangerous or deadly
7    weapon" means any firearm, or other weapon, device,
8    instrument, material, or substance, whether animate or
9    inanimate, which in the manner it is used or is intended to
10    be used is known to be capable of producing death or
11    serious bodily injury.
12(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)
 
13    (725 ILCS 167/35)
14    Sec. 35. Reporting.
15    (a) If a law enforcement agency owns one or more drones,
16then subsequent to the effective date of this Act, it shall
17report in writing annually by April 1 to the Authority the
18following:
19        (1) the number of drones that the law enforcement
20    agency it owns; and
21        (2) the number of times in the previous year that the
22    law enforcement agency has deployed a drone under each of
23    the exceptions under Section 15 of this Act, including the
24    exception used, the date of the deployment, and location of
25    the deployment.

 

 

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1    (b) On July 1 of each year, the Authority shall publish on
2its publicly available website a concise report that lists
3every law enforcement agency that owns a drone, and for each of
4those agencies, the number of drones that it owns.
5(Source: P.A. 98-569, eff. 1-1-14.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.