Full Text of SB1918 98th General Assembly
SB1918sam001 98TH GENERAL ASSEMBLY | Sen. Daniel Biss Filed: 3/5/2013
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| 1 | | AMENDMENT TO SENATE BILL 1918
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1918 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Freedom From Cell Phone and GPS Location Surveillance Act. | 6 | | Section 5. Definitions. For the purpose of this Act: | 7 | | "Electronic device" means any device that enables access | 8 | | to, or use of: | 9 | | (1) an electronic communication service that provides | 10 | | the ability to send or receive wire or electronic | 11 | | communications; | 12 | | (2) a remote computing service that provides computer | 13 | | storage or processing services by means of an electronic | 14 | | communications system; or | 15 | | (3) a location information service such as a global | 16 | | positioning service or other mapping, locational, or |
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| 1 | | directional information service. | 2 | | "Electronic device" does not mean devices used by | 3 | | government for toll collection (such as I-Pass), or cameras | 4 | | used by government for traffic enforcement or license plate | 5 | | reading. | 6 | | "Law enforcement agent" means any law enforcement officer | 7 | | of the State or political subdivision of the State, including, | 8 | | but not limited to, a law enforcement entity or any other | 9 | | investigative entity, agency, department, division, bureau, | 10 | | board, or commission, or any person acting or purporting to act | 11 | | for or on behalf of a State or local agency. | 12 | | "Location information" means any information concerning | 13 | | the location of an electronic device that, in whole or in part, | 14 | | is generated by or derived from the operation of that device. | 15 | | "Service provider" means the provider of an electronic | 16 | | communication service, remote computing service, or location | 17 | | information service.
| 18 | | Section 10. Warrant. Except as provided in Section 15, a | 19 | | law enforcement agent may not obtain location information | 20 | | without either a search warrant based on probable cause issued | 21 | | under Section 108-3 of the Code of Criminal Procedure of 1963, | 22 | | or an arrest warrant issued under Section 107-9 of that Code. | 23 | | Section 15. Exceptions. Notwithstanding any other | 24 | | provisions of this Act, any law enforcement agent may obtain |
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| 1 | | location information: | 2 | | (1) To respond to a call for emergency services from the | 3 | | user of the electronic device concerned. | 4 | | (2) With the express consent of the subscriber or user of | 5 | | the electronic device concerned.
| 6 | | (3) When a law enforcement agent reasonably believes that | 7 | | obtaining location information without delay is necessary to | 8 | | protect a person from an imminent danger of death or great | 9 | | bodily harm, and the application to the service provider for | 10 | | location information is narrowly tailored to address this | 11 | | danger, subject to the following limitations: | 12 | | (A) The application shall document the factual basis | 13 | | for believing that this danger requires obtaining the | 14 | | information without delay. | 15 | | (B) The lead law enforcement agency involved in the | 16 | | investigation shall retain the application for a minimum of | 17 | | 2 years, and shall provide it to the State's Attorney in | 18 | | the county in which the lead agency is located within 48 | 19 | | hours of the time that the lead agency obtains access to | 20 | | records under this paragraph (3). If the application is | 21 | | denied by the service provider or the State's Attorney, or | 22 | | both, the lead agency shall also retain any documentation | 23 | | regarding the application's denial for a minimum of 2 | 24 | | years. | 25 | | (C) Subsequent or ongoing use of location information | 26 | | as described in this paragraph (3) beyond a 48-hour time |
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| 1 | | span requires a warrant.
| 2 | | Section 20. Admissibility. Compliance with the provisions | 3 | | of this Act is a prerequisite to the admissibility into | 4 | | evidence of any information concerning location information | 5 | | but nothing in this Act shall be deemed to prevent a court from | 6 | | otherwise excluding the evidence on any other ground, nor shall | 7 | | anything in this Section be deemed to prevent a court from | 8 | | independently reviewing the admissibility of the evidence for | 9 | | compliance with the Fourth Amendment to the U.S. Constitution | 10 | | or with Article I, Section 6 of the Illinois Constitution.".
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