HB2553 EngrossedLRB102 13483 RLC 18830 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 1. Short title. This Act may be cited as the
5Protecting Household Privacy Act.
6    Section 5. Definitions. As used in this Act:
7    "Electronic communication" means any origination,
8transmission, emission, transfer, or reception of signs,
9signals, data, writings, images, video, audio, or intelligence
10of any nature by telephone, including cellular telephones or a
11wire, Internet, wireless, radio, electromagnetic,
12photo-electronic or photo-optical system, cable television,
13fiber optic, satellite, microwave, Internet-based or wireless
14distribution network, system, facility or related technology.
15    "Household" means any single or multiple family dwelling,
16including but not limited to a single family home, house,
17apartment, mobile home, trailer, building, condominium,
18duplex, townhouse, or other living quarters, used or intended
19to be used as a dwelling place and immediately surrounding
21    "Household electronic device" means any device primarily
22intended for use within a household that is capable of
23facilitating any electronic communication, excluding personal



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1computing devices. For the purposes of this Act, "personal
2computing devices" means personal computers, cell phones,
3smartphones, and tablets.
4    "Household electronic data" means any information or input
5provided by a person to a household electronic device.
6    "Law enforcement agency" means any agency of this State or
7a political subdivision of this State which is vested by law
8with the duty to maintain public order and to enforce criminal
10    Section 10. Prohibited use of household electronic data.
11Except as provided in Section 15, a law enforcement agency
12shall not obtain household electronic data or direct the
13acquisition of household electronic data from a private third
15    Section 15. Exceptions. This Act does not prohibit a law
16enforcement agency from obtaining household electronic data:
17    (1) If a law enforcement agency first obtains a warrant
18under Section 108-4 of the Code of Criminal Procedure of 1963.
19    (2) To respond to a call for emergency services concerning
20the user or possessor of a household electronic device.
21    (3) In an emergency situation:
22        (A) involving a clear and present danger of imminent
23    death or great bodily harm to a person or persons
24    resulting from a kidnapping, abduction, or the holding of



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1    a hostage by force or the threat of the imminent use of
2    force;
3        (B) where there was no previous notice of the
4    emergency to the investigative or law enforcement officer
5    sufficient to obtain prior judicial approval and the
6    officer reasonably believes that an order permitting the
7    obtaining of household electronic data would issue were
8    there prior judicial review;
9        (C) the household electronic data is necessary and the
10    only potential data available to prevent imminent death or
11    great bodily harm to a person or persons; and
12        (D) the data must and can be accessed before a warrant
13    could be issued to prevent imminent death or great bodily
14    harm to a person or persons.
15    (4) With the lawful consent of the owner of the household
16electronic device or person in actual or constructive
17possession of the household electronic device, excluding law
18enforcement personnel.
19    (5) In all emergency cases arising under paragraph (2) or
20(3), an application for a search warrant approving the
21previous obtaining of household electronic data must be made
22within 72 hours of its commencement. In order to approve
23obtaining household electronic data, the judge must make a
25        (A) that he or she would have granted a search warrant
26    had the information been before the court prior to the



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1    obtaining of the household electronic data; and
2        (B) there was an emergency situation as defined in
3    subparagraph (C) of paragraph (3).
4    If an application for approval under this paragraph is
5denied, the household electronic data obtained under this
6exception shall be inadmissible in accordance with Section 25.
7    Section 20. Information retention. If a law enforcement
8agency obtains household electronic data under paragraphs (1)
9through (3) of Section 15 and does not file criminal charges,
10the agency shall destroy all information obtained within 60
11days after obtaining the data, except that a supervisor at
12that agency may retain particular information if:
13    (1) there is reasonable suspicion that the information
14contains evidence of criminal activity; or
15    (2) the information is relevant to an ongoing
17    Section 25. Information disclosure by law enforcement
19    (a) If a law enforcement agency obtains household
20electronic data under Section 15, the agency shall not
21disclose any information obtained, except that a supervisor of
22that agency may disclose particular information to another
23government agency, employee of a government agency, or
24material witness:



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1        (1) if the information is relevant to a criminal
2    proceeding or investigation by a grand jury; or
3        (2) with the lawful consent of the owner, or person in
4    actual or constructive possession, of the household
5    electronic device.
6    (b) When disclosing household electronic data to any other
7party, the disclosing law enforcement agency must make
8reasonable efforts to limit disclosure to the minimum
9necessary to accomplish the intended purpose of the
11    Section 30. Admissibility. If the court finds by a
12preponderance of the evidence that a law enforcement agency
13obtained household electronic data pertaining to a person or
14his or her effects in violation of this Act, then the
15information shall be presumed to be inadmissible in any
16judicial or administrative proceeding. The State may overcome
17this presumption by proving the applicability of a judicially
18recognized exception to the exclusionary rule of the Fourth
19Amendment to the United States Constitution or Section 6 of
20Article I of the Illinois Constitution, or by a preponderance
21of the evidence that the law enforcement officer was acting in
22good faith and reasonably believed that one or more of the
23exceptions identified in Section 15 existed at the time the
24household electronic data was obtained.



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1    Section 35. Providing household electronic data to a law
2enforcement agency not required. Except as provided in
3Section 15, nothing in this Act shall be construed to require a
4person or entity to provide household electronic data to a law
5enforcement agency under this Act. If law enforcement acquires
6information from a household electronic device under Section
715, any information so acquired is subject to Sections 20 and
9    Section 40. Security of production. Any person or entity
10that provides household electronic data in response to a
11request from any law enforcement agency under this Act shall
12take reasonable measures to ensure the confidentiality,
13integrity, and security of any household electronic data
14during transmission to any law enforcement agency, and to
15limit any production of household electronic data to
16information responsive to the law enforcement agency request.
17    Section 45. Limitation. Nothing in this Act shall be
18construed to apply to the interception, recording, wiretap, or
19other acquisition of electronic communications as they are
20transmitted in real time.
21    Section 50. Conflict with other laws. In the event of any
22conflict between this Act and any applicable federal or State
23law, the requirement that establishes the higher standard for



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1law enforcement to obtain information shall govern.".