Full Text of HB2134 101st General Assembly
HB2134ham001 101ST GENERAL ASSEMBLY | Rep. Ann M. Williams Filed: 2/19/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2134
| 2 | | AMENDMENT NO. ______. Amend House Bill 2134 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom From Location Surveillance Act is | 5 | | amended by changing Sections 5, 10, 15, 20, 25, and 30 as | 6 | | follows: | 7 | | (725 ILCS 168/5) | 8 | | Sec. 5. Definitions. For the purpose of this Act: | 9 | | "Basic subscriber information" means name, address, local | 10 | | and long distance telephone connection records or records of | 11 | | session time and durations; length of services, including start | 12 | | dates, and types of services utilized; telephone or instrument | 13 | | number or other subscriber number or identity , including any | 14 | | temporarily assigned network address; and the means and source | 15 | | of payment for the service , including the credit card or bank | 16 | | account number . |
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| 1 | | "Electronic device" means any device that enables access | 2 | | to, or use of: | 3 | | (1) an electronic communication service that provides | 4 | | the ability to send or receive wire or electronic | 5 | | communications , including wireless communications | 6 | | connecting the device to a telephone network ; | 7 | | (2) a remote computing service that provides computer | 8 | | storage or processing services by means of an electronic | 9 | | communications system; or | 10 | | (3) a location information service such as a global | 11 | | positioning service or other mapping, locational, or | 12 | | directional information service. | 13 | | "Electronic device" does not mean devices used by a | 14 | | governmental agency or by a company operating under a contract | 15 | | with a governmental agency for toll collection, traffic | 16 | | enforcement, or license plate reading.
| 17 | | "Law enforcement agency" means any agency of this State or | 18 | | a political subdivision of this State which is vested by law | 19 | | with the duty to maintain public order or enforce criminal | 20 | | laws.
| 21 | | "Location information" means any information concerning | 22 | | the location of an electronic device that, in whole or in part, | 23 | | is generated by or derived from the operation or possession of | 24 | | that device.
| 25 | | "Social networking website" has the same meaning ascribed | 26 | | to the term in subsection (b) of Section 10 of the Right to |
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| 1 | | Privacy in the Workplace Act.
| 2 | | (Source: P.A. 98-1104, eff. 8-26-14; 99-610, eff. 1-1-17 .) | 3 | | (725 ILCS 168/10) | 4 | | Sec. 10. Court authorization. Except as provided in | 5 | | Section 15, a law enforcement agency shall not obtain current | 6 | | or future location information pertaining to a person or his or | 7 | | her effects without first obtaining a court order under Section | 8 | | 108-4 of the Code of Criminal Procedure of 1963 based on | 9 | | probable cause to believe that the person whose location | 10 | | information is sought has committed, is committing, or is about | 11 | | to commit a crime or the effect is evidence of a crime, or if | 12 | | the location information is authorized under an arrest warrant | 13 | | issued under Section 107-9 of the Code of Criminal Procedure of | 14 | | 1963 to aid in the apprehension or the arrest of the person | 15 | | named in the arrest warrant. An order issued under a finding of | 16 | | probable cause under this Section must be limited to a period | 17 | | of 60 days, renewable by the judge upon a showing of good cause | 18 | | for subsequent periods of 60 days. A court may grant a law | 19 | | enforcement entity's request to obtain current or future | 20 | | location information under this Section through testimony made | 21 | | by electronic means using a simultaneous video and audio | 22 | | transmission between the requestor and a judge, based on sworn | 23 | | testimony communicated in the transmission. The entity making | 24 | | the request, and the court authorizing the request shall follow | 25 | | the procedure under subsection (c) of Section 108-4 of the Code |
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| 1 | | of Criminal Procedure of 1963 which authorizes the electronic | 2 | | issuance of search warrants.
| 3 | | (Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17 .) | 4 | | (725 ILCS 168/15) | 5 | | Sec. 15. Exceptions. This Act does not prohibit a law | 6 | | enforcement agency from seeking to obtain current or future | 7 | | location information: | 8 | | (1) to respond to a call for emergency services | 9 | | concerning the user or possessor of an electronic device; | 10 | | (2) with the lawful consent of the owner of the | 11 | | electronic device or person in actual or constructive | 12 | | possession of the item being tracked by the electronic | 13 | | device; | 14 | | (3) to lawfully obtain location information broadly | 15 | | available to the general public without a court order when | 16 | | the location information is posted on a social networking | 17 | | website, or is metadata attached to images and video, or to | 18 | | determine the location of an Internet Protocol (IP) address | 19 | | through a publicly available service; | 20 | | (4) to obtain location information generated by an | 21 | | electronic device used as a condition of release from a | 22 | | penal institution, as a condition of pre-trial release, | 23 | | probation, conditional discharge, parole, mandatory | 24 | | supervised release, or other sentencing order, or to | 25 | | monitor an individual released under the Sexually Violent |
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| 1 | | Persons Commitment Act or the Sexually Dangerous Persons | 2 | | Act; | 3 | | (5) to aid in the location of a missing person;
| 4 | | (6) in emergencies as follows: | 5 | | (A) Notwithstanding any other provisions of this | 6 | | Act, any investigative or law enforcement officer may | 7 | | seek to obtain location information in an emergency | 8 | | situation as defined in this paragraph (6). This | 9 | | paragraph (6) applies only when there was no previous | 10 | | notice of the emergency to the investigative or law | 11 | | enforcement officer sufficient to obtain prior | 12 | | judicial approval, and the officer reasonably believes | 13 | | that an order permitting the obtaining of location | 14 | | information would issue were there prior judicial | 15 | | review. An emergency situation exists when: | 16 | | (i) the use of the electronic device is | 17 | | necessary for the protection of the investigative | 18 | | or law enforcement officer or a person acting at | 19 | | the direction of law enforcement; or | 20 | | (ii) the situation involves: | 21 | | (aa) a clear and present danger of | 22 | | imminent death or great bodily harm to persons | 23 | | resulting from: | 24 | | (I) the use of force or the threat of | 25 | | the imminent use of force, | 26 | | (II) a kidnapping or the holding of a |
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| 1 | | hostage by force or the threat of the | 2 | | imminent use of force, or | 3 | | (III) the occupation by force or the | 4 | | threat of the imminent use of force of any | 5 | | premises, place, vehicle, vessel, or | 6 | | aircraft; | 7 | | (bb) an abduction investigation; | 8 | | (cc) conspiratorial activities | 9 | | characteristic of organized crime; | 10 | | (dd) an immediate threat to national | 11 | | security interest; | 12 | | (ee) an ongoing attack on a computer | 13 | | comprising a felony; or | 14 | | (ff) escape under Section 31-6 of the | 15 | | Criminal Code of 2012. | 16 | | (B) In all emergency cases, an application for an | 17 | | order approving the previous or continuing obtaining | 18 | | of location information must be made within 72 hours of | 19 | | its commencement. In the absence of the order, or upon | 20 | | its denial, any continuing obtaining of location | 21 | | information gathering shall immediately terminate. In | 22 | | order to approve obtaining location information, the | 23 | | judge must make a determination (i) that he or she | 24 | | would have granted an order had the information been | 25 | | before the court prior to the obtaining of the location | 26 | | information and (ii) there was an emergency situation |
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| 1 | | as defined in this paragraph (6). | 2 | | (C) In the event that an application for approval | 3 | | under this paragraph (6) is denied, the location | 4 | | information obtained under this exception shall be | 5 | | inadmissible in accordance with Section 20 of this Act; | 6 | | or
| 7 | | (7) to obtain location information relating to an | 8 | | electronic device used to track a vehicle or an effect | 9 | | which is owned or leased by that law enforcement agency.
| 10 | | (Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17 .) | 11 | | (725 ILCS 168/20)
| 12 | | Sec. 20. Admissibility. If the court finds by a | 13 | | preponderance of the evidence that a law enforcement agency | 14 | | obtained current or future location information pertaining to a | 15 | | person or his or her effects in violation of Section 10 or 15 | 16 | | of this Act, then the information shall be presumed to be | 17 | | inadmissible in any judicial or administrative proceeding. The | 18 | | State may overcome this presumption by proving the | 19 | | applicability of a judicially recognized exception to the | 20 | | exclusionary rule of the Fourth Amendment to the United States | 21 | | Constitution or Article I, Section 6 of the Illinois | 22 | | Constitution, or by a preponderance of the evidence that the | 23 | | law enforcement officer was acting in good faith and reasonably | 24 | | believed that one or more of the exceptions identified in | 25 | | Section 15 existed at the time the location information was |
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| 1 | | obtained.
| 2 | | (Source: P.A. 98-1104, eff. 8-26-14.) | 3 | | (725 ILCS 168/25)
| 4 | | Sec. 25. Providing location information to a law | 5 | | enforcement agency not required. Nothing in this Act shall be | 6 | | construed to require a person to provide current or future | 7 | | location information to a law enforcement agency under Section | 8 | | 15.
| 9 | | (Source: P.A. 98-1104, eff. 8-26-14.) | 10 | | (725 ILCS 168/30)
| 11 | | Sec. 30. Inapplicability. This Act does not apply to a law | 12 | | enforcement agency obtaining basic subscriber information from | 13 | | a service provider under a valid subpoena, court order , or | 14 | | search warrant.
| 15 | | (Source: P.A. 98-1104, eff. 8-26-14.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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