Rep. Ann Williams

Filed: 5/22/2013

 

 


 

 


 
09800SB1587ham001LRB098 08321 RLC 45809 a

1
AMENDMENT TO SENATE BILL 1587

2    AMENDMENT NO. ______. Amend Senate Bill 1587 on page 4, by
3replacing lines 5 through 12 with the following:
 
4    "Section 30. Admissibility. If the court finds by a
5preponderance of the evidence that a law enforcement agency
6used a drone to gather information in violation of the
7information gathering limits in Sections 10 and 15 of this Act,
8then the information shall be presumed to be inadmissible in
9any judicial or administrative proceeding. The State may
10overcome this presumption by proving the applicability of a
11judicially recognized exception to the exclusionary rule of the
12Fourth Amendment to the U.S. Constitution or Article I, Section
136 of the Illinois Constitution to the information. Nothing in
14this Act shall be deemed to prevent a court from independently
15reviewing the admissibility of the information for compliance
16with the aforementioned provisions of the U.S. and Illinois
17Constitutions.".