Full Text of SB2588 99th General Assembly
SB2588sam001 99TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 4/1/2016
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| 1 | | AMENDMENT TO SENATE BILL 2588
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2588 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom from Drone Surveillance Act is | 5 | | amended by changing Sections 15, 20, and 25 as follows: | 6 | | (725 ILCS 167/15) | 7 | | Sec. 15. Exceptions. This Act does not prohibit the use of | 8 | | a 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 must | 16 | | be limited to a period of 45 days, renewable by the judge |
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| 1 | | upon a showing of good cause for subsequent periods of 45 | 2 | | days. | 3 | | (3) If a law enforcement agency possesses reasonable | 4 | | suspicion that, under particular circumstances, swift | 5 | | action is needed to prevent imminent harm to life, or to | 6 | | forestall the imminent escape of a suspect or the | 7 | | destruction of evidence. The use of a drone under this | 8 | | paragraph (3) is limited to a period of 48 hours. Within 24 | 9 | | hours of the initiation of the use of a drone under this | 10 | | paragraph (3), the chief executive officer of the law | 11 | | enforcement agency must report in writing the use of a | 12 | | drone to the local State's Attorney. | 13 | | (4) If a law enforcement agency is attempting to locate | 14 | | a missing person, and is not also undertaking a criminal | 15 | | investigation. | 16 | | (5) If a law enforcement agency is using a drone solely | 17 | | for crime scene and traffic crash scene photography. Crime | 18 | | scene and traffic crash photography must be conducted in a | 19 | | geographically confined and time-limited manner to | 20 | | document specific occurrences. The use of a drone under | 21 | | this paragraph (5) on private property requires either a | 22 | | search warrant based on probable cause under Section 108-3 | 23 | | of the Code of Criminal Procedure of 1963 or lawful consent | 24 | | to search. The use of a drone under this paragraph (5) on | 25 | | lands, highways, roadways, or areas belonging to this State | 26 | | or political subdivisions of this State does not require a |
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| 1 | | search warrant or consent to search. Any law enforcement | 2 | | agency operating a drone under this paragraph (5) shall | 3 | | make every reasonable attempt to only photograph the crime | 4 | | scene or traffic crash scene and avoid other areas.
| 5 | | (6) If a law enforcement agency is using a drone during | 6 | | a disaster or public health emergency, as defined by | 7 | | Section 4 of the Illinois Emergency Management Agency Act. | 8 | | The use of a drone under this paragraph (6) does not | 9 | | require an official declaration of a disaster or public | 10 | | health emergency prior to use. A law enforcement agency may | 11 | | use a drone under this paragraph (6) to obtain information | 12 | | necessary for the determination of whether or not a | 13 | | disaster or public health emergency should be declared, to | 14 | | monitor weather or emergency conditions, to survey damage, | 15 | | or to otherwise coordinate response and recovery efforts. | 16 | | The use of a drone under this paragraph (6) is permissible | 17 | | during the disaster or public health emergency and during | 18 | | subsequent response and recovery efforts. | 19 | | (7) If a law enforcement agency is using a drone solely | 20 | | for a law enforcement training purposes. Training must be | 21 | | conducted in a geographically confined and time-limited | 22 | | manner to safeguard the privacy of individuals. The use of | 23 | | a drone under this paragraph (7) may take place within the | 24 | | boundaries of established law enforcement and public | 25 | | safety training facilities. The use of a drone under this | 26 | | paragraph (7) may take place on public lands, parks, |
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| 1 | | highways, roadways, or areas belonging to this State or | 2 | | political subdivisions of this State, provided that the law | 3 | | enforcement agency provides advance and onsite notice to | 4 | | the public of the training. The use of a drone under this | 5 | | paragraph (7) on private property requires lawful consent. | 6 | | Any law enforcement agency operating a drone under this | 7 | | paragraph (7) shall make every reasonable attempt to only | 8 | | photograph the law enforcement training and avoid other | 9 | | areas or individuals. Information collected from a drone | 10 | | used by law enforcement for training purposes shall be | 11 | | deleted as soon as no longer required for training | 12 | | purposes. | 13 | | (Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15 .) | 14 | | (725 ILCS 167/20)
| 15 | | Sec. 20. Information retention. If a law enforcement | 16 | | agency uses a drone under Section 15 of this Act, the agency | 17 | | within 30 days shall destroy all information gathered by the | 18 | | drone, except that a supervisor at that agency may retain | 19 | | particular information if: | 20 | | (1) there is reasonable suspicion that the information | 21 | | contains evidence of criminal activity, or | 22 | | (2) the information is relevant to an ongoing | 23 | | investigation or pending criminal trial , or | 24 | | (3) the information is collected under paragraph (7) of | 25 | | Section 15 .
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| 1 | | (Source: P.A. 98-569, eff. 1-1-14.) | 2 | | (725 ILCS 167/25)
| 3 | | Sec. 25. Information disclosure. If a law enforcement | 4 | | agency uses a drone under Section 15 of this Act, the agency | 5 | | shall not disclose any information gathered by the drone, | 6 | | except that a supervisor of that agency may disclose particular | 7 | | information to another government agency, if (1) there is | 8 | | reasonable suspicion that the information contains evidence of | 9 | | criminal activity, or (2) the information is relevant to an | 10 | | ongoing investigation or pending criminal trial , or (3) in the | 11 | | case of training under paragraph (7) of Section 15 .
| 12 | | (Source: P.A. 98-569, eff. 1-1-14.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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