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Sen. Michael E. Hastings
Filed: 4/24/2023
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1 | | AMENDMENT TO HOUSE BILL 2245
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2 | | AMENDMENT NO. ______. Amend House Bill 2245 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Vehicle Code is amended by adding |
5 | | Sections 4-110 and 4-111 as follows: |
6 | | (625 ILCS 5/4-110 new) |
7 | | Sec. 4-110. Stolen vehicle recovery hotline. In a county |
8 | | having a population of 3,000,000 or more, the county sheriff |
9 | | shall establish with other law enforcement agencies a vehicle |
10 | | theft hotline to facilitate interaction with vehicle |
11 | | manufacturers and vehicle location vendors consistent with the |
12 | | Freedom From Location Surveillance Act. The county sheriff |
13 | | shall collaborate with vehicle manufacturers, dealers, and |
14 | | vehicle location vendors to provide information and assistance |
15 | | to law enforcement officers in the investigation of a |
16 | | vehicular hijacking or kidnapping incident and ensure that |
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1 | | consumers are provided with information concerning the |
2 | | hotline, new or used vehicles manufactured with stolen vehicle |
3 | | locator capabilities, and how consumers can activate stolen |
4 | | vehicle locator services by publishing the information in a |
5 | | conspicuous location on the county sheriff's website. |
6 | | (625 ILCS 5/4-111 new) |
7 | | Sec. 4-111. Manufacturer's vehicle incident hotline; law |
8 | | enforcement verification; manufacturer statements. |
9 | | (a) Unless the manufacturer or its vehicle location vendor |
10 | | operates an existing vehicle location service line, a |
11 | | manufacturer of any vehicle sold in this State shall maintain |
12 | | a telephone number that is staffed and available to State, |
13 | | county, and local law enforcement agencies and their |
14 | | respective 9-1-1 system call centers or designated dispatch |
15 | | centers 24 hours a day, 7 days a week to assist law enforcement |
16 | | with locating vehicles in the investigation of vehicles stolen |
17 | | in vehicular hijacking incidents or that have been used in the |
18 | | commission of a kidnapping. The
hotline for the manufacturer |
19 | | or
the manufacturer's vehicle location vendor shall relay |
20 | | vehicle
location information, including real-time vehicle |
21 | | location
information whenever reasonably possible, to the |
22 | | 9-1-1 call center or
designated dispatch center or sworn law |
23 | | enforcement personnel for any of the responding law |
24 | | enforcement agencies, to
the best of the manufacturer's or |
25 | | vehicle location vendor's technical capability when: |
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1 | | (1) a warrant or other court order has been issued |
2 | | relating to the vehicle's location information and |
3 | | provided to the manufacturer or the vehicle location |
4 | | vendor; or |
5 | | (2) the vehicle owner lawfully consents to the vehicle |
6 | | location information being shared with the 9-1-1 call |
7 | | center or designated dispatch center and responding law |
8 | | enforcement officials; or |
9 | | (3) the 9-1-1 call center or designated dispatch |
10 | | center or responding law enforcement officials: |
11 | | (A) provides adequate verification to the
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12 | | manufacturer or the vehicle location vendor, of their
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13 | | identity as law enforcement and the identity of the |
14 | | responding law enforcement official; and |
15 | | (B) the responding law enforcement officials shall |
16 | | certify to the manufacturer or the vehicle
location |
17 | | vendor, that the situation involves a clear
and |
18 | | present danger of death or great bodily harm to
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19 | | persons resulting from the vehicular hijacking or
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20 | | kidnapping incident. |
21 | | (b) State, county, and local law enforcement agencies |
22 | | shall use their respective 9-1-1 system call centers or |
23 | | designated dispatch centers for the purpose of verification of |
24 | | law enforcement officers' identities and bona fide incident |
25 | | report numbers related to incidents. |
26 | | (c) If a vehicle is equipped with functioning vehicle |
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1 | | location tracking capability, but the capability is not |
2 | | currently activated, the manufacturer or the vehicle location |
3 | | vendor shall waive all fees associated with initiating, |
4 | | renewing, reestablishing, or maintaining the vehicle location |
5 | | service the vehicle is equipped with during the investigation |
6 | | of the vehicle being stolen in a vehicular hijacking incident |
7 | | or being used in the commission of kidnapping incident when |
8 | | law enforcement has confirmed that the situation involves a |
9 | | clear and present danger of death or great bodily harm to |
10 | | persons as described in paragraph (3) of subsection (a) and |
11 | | requires disclosure of vehicle location information without |
12 | | delay. |
13 | | (d) A vehicle manufacturer or a subsidiary, vendor, |
14 | | employee, officer, director, representative, or contractor of |
15 | | the vehicle manufacturer shall not be liable and no cause of |
16 | | action shall arise under the laws of this State for providing, |
17 | | or in good faith attempting to provide, information or |
18 | | assistance to a law enforcement agency, 9-1-1 call center, or |
19 | | designated dispatch center pursuant to the mechanisms and |
20 | | processes established under this Section.
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21 | | Section 10. The Freedom From Location Surveillance Act is |
22 | | amended by changing Section 15 as follows: |
23 | | (725 ILCS 168/15) |
24 | | Sec. 15. Exceptions. This Act does not prohibit a law |
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1 | | enforcement agency from seeking to obtain location |
2 | | information: |
3 | | (1) to respond to a call for emergency services |
4 | | concerning the user or possessor of an electronic device; |
5 | | (2) with the lawful consent of the owner of the |
6 | | electronic device or person in actual or constructive |
7 | | possession of the item being tracked by the electronic |
8 | | device; |
9 | | (3) to lawfully obtain location information broadly |
10 | | available to the general public without a court order when |
11 | | the location information is posted on a social networking |
12 | | website, or is metadata attached to images and video, or |
13 | | to determine the location of an Internet Protocol (IP) |
14 | | address through a publicly available service; |
15 | | (4) to obtain location information generated by an |
16 | | electronic device used as a condition of release from a |
17 | | penal institution, as a condition of pre-trial release, |
18 | | probation, conditional discharge, parole, mandatory |
19 | | supervised release, or other sentencing order, or to |
20 | | monitor an individual released under the Sexually Violent |
21 | | Persons Commitment Act or the Sexually Dangerous Persons |
22 | | Act; |
23 | | (5) to aid in the location of a missing person;
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24 | | (6) in emergencies as follows: |
25 | | (A) Notwithstanding any other provisions of this |
26 | | Act, any investigative or law enforcement officer may |
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1 | | seek to obtain location information in an emergency |
2 | | situation as defined in this paragraph (6). This |
3 | | paragraph (6) applies only when there was no previous |
4 | | notice of the emergency to the investigative or law |
5 | | enforcement officer sufficient to obtain prior |
6 | | judicial approval, and the officer reasonably believes |
7 | | that an order permitting the obtaining of location |
8 | | information would issue were there prior judicial |
9 | | review. An emergency situation exists when: |
10 | | (i) the use of the electronic device is |
11 | | necessary for the protection of the investigative |
12 | | or law enforcement officer or a person acting at |
13 | | the direction of law enforcement; or |
14 | | (ii) the situation involves: |
15 | | (aa) a clear and present danger of |
16 | | imminent death or great bodily harm to persons |
17 | | resulting from: |
18 | | (I) the use of force or the threat of |
19 | | the imminent use of force, |
20 | | (II) a kidnapping or the holding of a |
21 | | hostage by force or the threat of the |
22 | | imminent use of force, or |
23 | | (III) the occupation by force or the |
24 | | threat of the imminent use of force of any |
25 | | premises, place, vehicle, vessel, or |
26 | | aircraft; |
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1 | | (bb) an abduction investigation; |
2 | | (cc) conspiratorial activities |
3 | | characteristic of organized crime; |
4 | | (dd) an immediate threat to national |
5 | | security interest; |
6 | | (ee) an ongoing attack on a computer |
7 | | comprising a felony; or |
8 | | (ff) escape under Section 31-6 of the |
9 | | Criminal Code of 2012 ; or . |
10 | | (gg) vehicular hijacking. |
11 | | (B) In all emergency cases, an application for an |
12 | | order approving the previous or continuing obtaining |
13 | | of location information must be made within 72 hours |
14 | | of its commencement. In the absence of the order, or |
15 | | upon its denial, any continuing obtaining of location |
16 | | information gathering shall immediately terminate. In |
17 | | order to approve obtaining location information, the |
18 | | judge must make a determination (i) that he or she |
19 | | would have granted an order had the information been |
20 | | before the court prior to the obtaining of the |
21 | | location information and (ii) there was an emergency |
22 | | situation as defined in this paragraph (6). |
23 | | (C) In the event that an application for approval |
24 | | under this paragraph (6) is denied, the location |
25 | | information obtained under this exception shall be |
26 | | inadmissible in accordance with Section 20 of this |