SB1587 98TH GENERAL ASSEMBLY

LRB098 08321 RLC 38426 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1587

Introduced 2/13/2013, by Sen. Daniel Biss

SYNOPSIS AS INTRODUCED:

New Act

Creates the Freedom from Drone Surveillance Act. Provides that a law enforcement agency may not use a drone to gather information. Permits the use of a drone by a law enforcement agency: (1) to counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is that risk; (2) if a law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone; or (3) if a law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent harm to life or serious damage to property, or to forestall the imminent escape of a suspect or the destruction of evidence. Provides that a law enforcement agency may not own or use a drone that is equipped with any kind of lethal or non-lethal weapon. Provides that information obtained or collected in violation of the Act is not admissible as evidence in any criminal, civil, administrative, or other proceeding. Establishes certain information retention and reporting requirements concerning drone ownership and use.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Freedom from Drone Surveillance Act.

Section 5. Definitions. As used in this Act:

"Authority" means the Illinois Criminal Justice Information Authority.

"Drone" means any aerial vehicle that does not carry a human operator.

"Information" means any evidence, images, sounds, data, or other information gathered by a drone.

"Law enforcement agency" means any agency of this State or a political subdivision of this State which is vested by law with the duty to maintain public order and to enforce criminal laws.

Section 10. Prohibited use of drones. Except as provided in Section 15, a law enforcement agency may not use a drone to gather information.

Section 15. Exceptions. This Act does not prohibit the use of a drone by a law enforcement agency:

(1) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is that risk.

(2) If a law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone. The warrant must be based on probable cause of criminal activity supported by a sworn written submission of facts from a law enforcement agency. The warrant must be limited to a particular person or location, and limited to a particular investigation. The warrant must be limited to a period of 45 days, renewable by the judge upon a showing of good cause for subsequent periods of 45 days. Within 10 days after the warrant expires, the law enforcement agency must serve a copy of the drone warrant on the person subject to drone surveillance, except that a judge may delay notice upon the law enforcement agency's showing of reason to believe that the notice would jeopardize an ongoing investigation.

(3) If a law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent harm to life or serious damage to property, or to forestall the imminent escape of a suspect or the destruction of evidence. The use of a drone under this paragraph (3) is limited to a period of 48 hours. Within 24 hours of the initiation of the use of a drone under this paragraph (3), the chief executive officer of the law enforcement agency must report in writing the use of a drone to the Illinois Attorney General and to the local State's Attorney.

Section 20. Information retention. If a law enforcement agency uses a drone under Section 15 of this Act, the agency within 24 hours shall destroy all information gathered by the drone, except that a supervisor at that agency may retain particular information if (1) there is reasonable suspicion that the information contains evidence of criminal activity, or (2) the information is relevant to an ongoing investigation or pending criminal trial.

Section 25. Suppression. Information obtained or collected in violation of this Act is not admissible as evidence in any criminal, civil, administrative, or other proceeding.

Section 30. Weapon prohibition. A law enforcement agency may not own or use a drone that is equipped with any kind of lethal or non-lethal weapon.

Section 35. Reporting.

(a) If a law enforcement agency owns one or more drones, then subsequent to the effective date of this Act, it shall report in writing annually by April 1 to the Authority the number of drones that it owns.

(b) If during any calendar year a law enforcement agency uses a drone, then on the following April 1 it shall report in writing to the Authority the number of times that it used a drone.

(c) On July 1 of each year, the Authority shall publish on its publicly available website a concise report that lists:

(1) every law enforcement agency that owns a drone, and for each of those agencies, the number of drones that it owns; and

(2) every law enforcement agency that used a drone in the prior calendar year, and for each of those agencies, the number of times that it used a drone.