Illinois General Assembly - Full Text of HB2553
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2553  102nd General Assembly

HB2553ham001 102ND GENERAL ASSEMBLY

Rep. Ann M. Williams

Filed: 4/14/2021

 

 


 

 


 
10200HB2553ham001LRB102 13483 RLC 25194 a

1
AMENDMENT TO HOUSE BILL 2553

2    AMENDMENT NO. ______. Amend House Bill 2553 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

10200HB2553ham001- 2 -LRB102 13483 RLC 25194 a

1apartment, mobile home, trailer, building, condominium,
2duplex, townhouse, or other living quarters, used or intended
3to be used as a dwelling place and immediately surrounding
4area.
5    "Household electronic device" means any device primarily
6intended for use within a household that is capable of
7facilitating any electronic communication, excluding personal
8computing devices. For the purposes of this Act, "personal
9computing devices" means personal computers, cell phones,
10smartphones, and tablets.
11    "Household electronic data" means any information or input
12provided by a person to a household electronic device.
13    "Law enforcement agency" means any agency of this State or
14a political subdivision of this State which is vested by law
15with the duty to maintain public order and to enforce criminal
16laws.
 
17    Section 10. Prohibited use of household electronic data.
18Except as provided in Section 15, a law enforcement agency
19shall not obtain household electronic data or direct the
20acquisition of household electronic data from a private third
21party.
 
22    Section 15. Exceptions. This Act does not prohibit a law
23enforcement agency from obtaining household electronic data:
24    (1) If a law enforcement agency first obtains a warrant

 

 

10200HB2553ham001- 3 -LRB102 13483 RLC 25194 a

1under Section 108-4 of the Code of Criminal Procedure of 1963.
2    (2) To respond to a call for emergency services concerning
3the user or possessor of a household electronic device.
4    (3) In an emergency situation:
5        (A) involving a clear and present danger of imminent
6    death or great bodily harm to a person or persons
7    resulting from a kidnapping, abduction, or the holding of
8    a hostage by force or the threat of the imminent use of
9    force;
10        (B) where there was no previous notice of the
11    emergency to the investigative or law enforcement officer
12    sufficient to obtain prior judicial approval and the
13    officer reasonably believes that an order permitting the
14    obtaining of household electronic data would issue were
15    there prior judicial review;
16        (C) the household electronic data is necessary and the
17    only potential data available to prevent imminent death or
18    great bodily harm to a person or persons; and
19        (D) the data must and can be accessed before a warrant
20    could be issued to prevent imminent death or great bodily
21    harm to a person or persons.
22    (4) With the lawful consent of the owner of the household
23electronic device or person in actual or constructive
24possession of the household electronic device, excluding law
25enforcement personnel.
26    (5) In all emergency cases arising under paragraph (2) or

 

 

10200HB2553ham001- 4 -LRB102 13483 RLC 25194 a

1(3), an application for a search warrant approving the
2previous obtaining of household electronic data must be made
3within 72 hours of its commencement. In order to approve
4obtaining household electronic data, the judge must make a
5determination:
6        (A) that he or she would have granted a search warrant
7    had the information been before the court prior to the
8    obtaining of the household electronic data; and
9        (B) there was an emergency situation as defined in
10    subparagraph (C) of paragraph (3).
11    If an application for approval under this paragraph is
12denied, the household electronic data obtained under this
13exception shall be inadmissible in accordance with Section 25.
 
14    Section 20. Information retention. If a law enforcement
15agency obtains household electronic data under paragraphs (1)
16through (3) of Section 15 and does not file criminal charges,
17the agency shall destroy all information obtained within 60
18days after obtaining the data, except that a supervisor at
19that agency may retain particular information if:
20    (1) there is reasonable suspicion that the information
21contains evidence of criminal activity; or
22    (2) the information is relevant to an ongoing
23investigation.
 
24    Section 25. Information disclosure by law enforcement

 

 

10200HB2553ham001- 5 -LRB102 13483 RLC 25194 a

1agencies.
2    (a) If a law enforcement agency obtains household
3electronic data under Section 15, the agency shall not
4disclose any information obtained, except that a supervisor of
5that agency may disclose particular information to another
6government agency, employee of a government agency, or
7material witness:
8        (1) if the information is relevant to a criminal
9    proceeding or investigation by a grand jury; or
10        (2) with the lawful consent of the owner, or person in
11    actual or constructive possession, of the household
12    electronic device.
13    (b) When disclosing household electronic data to any other
14party, the disclosing law enforcement agency must make
15reasonable efforts to limit disclosure to the minimum
16necessary to accomplish the intended purpose of the
17disclosure.
 
18    Section 30. Admissibility. If the court finds by a
19preponderance of the evidence that a law enforcement agency
20obtained household electronic data pertaining to a person or
21his or her effects in violation of this Act, then the
22information shall be presumed to be inadmissible in any
23judicial or administrative proceeding. The State may overcome
24this presumption by proving the applicability of a judicially
25recognized exception to the exclusionary rule of the Fourth

 

 

10200HB2553ham001- 6 -LRB102 13483 RLC 25194 a

1Amendment to the United States Constitution or Section 6 of
2Article I of the Illinois Constitution, or by a preponderance
3of the evidence that the law enforcement officer was acting in
4good faith and reasonably believed that one or more of the
5exceptions identified in Section 15 existed at the time the
6household electronic data was obtained.
 
7    Section 35. Providing household electronic data to a law
8enforcement agency not required. Except as provided in
9Section 15, nothing in this Act shall be construed to require a
10person or entity to provide household electronic data to a law
11enforcement agency under this Act. If law enforcement acquires
12information from a household electronic device under Section
1315, any information so acquired is subject to Sections 20 and
1425.
 
15    Section 40. Security of production. Any person or entity
16that provides household electronic data in response to a
17request from any law enforcement agency under this Act shall
18take reasonable measures to ensure the confidentiality,
19integrity, and security of any household electronic data
20during transmission to any law enforcement agency, and to
21limit any production of household electronic data to
22information responsive to the law enforcement agency request.
 
23    Section 45. Limitation. Nothing in this Act shall be

 

 

10200HB2553ham001- 7 -LRB102 13483 RLC 25194 a

1construed to apply to the interception, recording, wiretap, or
2other acquisition of electronic communications as they are
3transmitted in real time.
 
4    Section 50. Conflict with other laws. In the event of any
5conflict between this Act and any applicable federal or State
6law, the requirement that establishes the higher standard for
7law enforcement to obtain information shall govern.".