Illinois General Assembly - Full Text of HB3713
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Full Text of HB3713  102nd General Assembly

HB3713 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3713

 

Introduced 2/22/2021, by Rep. Tom Weber

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 167/15

    Amends the Freedom from Drone Surveillance Act. Provides that the Act does not prohibit the use of a drone by a law enforcement agency if the law enforcement agency is using the drone for pilot practice or training of a law enforcement officer or airborne photography or video for community marketing purposes or flight demonstrations for the general public.


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A BILL FOR

 

HB3713LRB102 14164 KMF 19516 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 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
16    must be limited to a period of 45 days, renewable by the
17    judge upon a showing of good cause for subsequent periods
18    of 45 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
7    locate a missing person, and is not also undertaking a
8    criminal investigation.
9        (5) If a law enforcement agency is using a drone
10    solely for crime scene and traffic crash scene
11    photography. Crime scene and traffic crash photography
12    must be conducted in a geographically confined and
13    time-limited manner to document specific occurrences. The
14    use of a drone under this paragraph (5) on private
15    property requires either a search warrant based on
16    probable cause under Section 108-3 of the Code of Criminal
17    Procedure of 1963 or lawful consent to search. The use of a
18    drone under this paragraph (5) on lands, highways,
19    roadways, or areas belonging to this State or political
20    subdivisions of this State does not require a search
21    warrant or consent to search. Any law enforcement agency
22    operating a drone under this paragraph (5) shall make
23    every reasonable attempt to only photograph the crime
24    scene or traffic crash scene and avoid other areas.
25        (6) If a law enforcement agency is using a drone
26    during a disaster or public health emergency, as defined

 

 

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1    by Section 4 of the Illinois Emergency Management Agency
2    Act. The use of a drone under this paragraph (6) does not
3    require an official declaration of a disaster or public
4    health emergency prior to use. A law enforcement agency
5    may use a drone under this paragraph (6) to obtain
6    information necessary for the determination of whether or
7    not a disaster or public health emergency should be
8    declared, to monitor weather or emergency conditions, to
9    survey damage, or to otherwise coordinate response and
10    recovery efforts. The use of a drone under this paragraph
11    (6) is permissible during the disaster or public health
12    emergency and during subsequent response and recovery
13    efforts.
14        (7) If a law enforcement agency is using a drone for
15    pilot practice or training of a law enforcement officer.
16        (8) If a law enforcement agency is using a drone for
17    airborne photography or video for community marketing
18    purposes or flight demonstrations for the general public.
19(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)