Full Text of HB3902 103rd General Assembly
HB3902sam001 103RD GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 5/24/2023
| | 10300HB3902sam001 | | LRB103 31058 JDS 62443 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3902
| 2 | | AMENDMENT NO. ______. Amend House Bill 3902 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as the Drones as | 5 | | First Responders Act. | 6 | | Section 5. The Freedom from Drone Surveillance Act is | 7 | | amended by changing Sections 5, 15, 20, 25, and 35 and by | 8 | | adding Sections 17, 18, and 45 as follows: | 9 | | (725 ILCS 167/5)
| 10 | | Sec. 5. Definitions. As used in this Act: | 11 | | "Authority" means the Illinois Criminal Justice | 12 | | Information Authority. | 13 | | "Drone" means any aerial vehicle that does not carry a | 14 | | human operator. | 15 | | "Information" means any evidence, images, sounds, data, or |
| | | 10300HB3902sam001 | - 2 - | LRB103 31058 JDS 62443 a |
|
| 1 | | other information gathered by a drone. | 2 | | "Law enforcement agency" means any agency of this State or | 3 | | a political subdivision of this State which is vested by law | 4 | | with the duty to maintain public order and to enforce criminal | 5 | | laws.
| 6 | | "Parade" means a march, procession, or other similar | 7 | | activity consisting of persons, animals, vehicles, or things, | 8 | | or any combination thereof, upon a public street, sidewalk, | 9 | | alley, or other public place, which requires a street closing | 10 | | or otherwise requires stopping or rerouting vehicular traffic | 11 | | because the parade will not or cannot comply with normal and | 12 | | usual traffic regulations or controls. "Parade" does not | 13 | | include a political protest, march, demonstration, or other | 14 | | assembly protected by the First Amendment. | 15 | | "Routed event" means a parade, walk, or race that: | 16 | | (1) is hosted by the State of Illinois or a county, | 17 | | municipality, township, or park district; | 18 | | (2) is outdoors and open to the public; and | 19 | | (3) has an estimated attendance of more than 50 | 20 | | people. | 21 | | "Routed event" does not include any political protest, | 22 | | march, demonstration, or other assembly protected by the First | 23 | | Amendment. | 24 | | "Special event" means a concert or food festival that: | 25 | | (1) is hosted by the State of Illinois or a county, | 26 | | municipality, township, or park district; |
| | | 10300HB3902sam001 | - 3 - | LRB103 31058 JDS 62443 a |
|
| 1 | | (2) is outdoors and open to the public; and | 2 | | (3) has an estimated attendance of: | 3 | | (i) 150 or more people in a unit of local | 4 | | government with a population that is less than 50,000; | 5 | | (ii) 250 or more people in a unit of local | 6 | | government with a population that is greater than or | 7 | | equal to 50,000 but less than 100,000; | 8 | | (iii) 350 or more people in a unit of local | 9 | | government with a population that is greater than or | 10 | | equal to 100,000 but less than 500,000; or | 11 | | (iv) 500 or more people in a unit of local | 12 | | government with a population that is 500,000 or more. | 13 | | "Special event" does not include any political protest, | 14 | | march, demonstration, or other assembly protected by the First | 15 | | Amendment. | 16 | | (Source: P.A. 98-569, eff. 1-1-14.) | 17 | | (725 ILCS 167/15) | 18 | | Sec. 15. Exceptions. This Act does not prohibit the use of | 19 | | a drone by a law enforcement agency: | 20 | | (1) To counter a high risk of a terrorist attack by a | 21 | | specific individual or organization if the United States | 22 | | Secretary of Homeland Security determines that credible | 23 | | intelligence indicates that there is that risk. | 24 | | (2) If a law enforcement agency first obtains a search | 25 | | warrant based on probable cause issued under Section 108-3 |
| | | 10300HB3902sam001 | - 4 - | LRB103 31058 JDS 62443 a |
|
| 1 | | of the Code of Criminal Procedure of 1963. The warrant | 2 | | must be limited to a period of 45 days, renewable by the | 3 | | judge upon a showing of good cause for subsequent periods | 4 | | of 45 days. | 5 | | (3) If a law enforcement agency possesses reasonable | 6 | | suspicion that, under particular circumstances, swift | 7 | | action is needed to prevent imminent harm to life, or to | 8 | | forestall the imminent escape of a suspect or the | 9 | | destruction of evidence. The use of a drone under this | 10 | | paragraph (3) is limited to a period of 48 hours. Within 24 | 11 | | hours of the initiation of the use of a drone under this | 12 | | paragraph (3), the chief executive officer of the law | 13 | | enforcement agency must report in writing the use of a | 14 | | drone to the local State's Attorney. | 15 | | (4) If a law enforcement agency is not undertaking a | 16 | | criminal investigation but is attempting to locate a | 17 | | missing person , engaging in search and rescue operations, | 18 | | or aiding a person who cannot otherwise be safely reached , | 19 | | and is not also undertaking a criminal investigation . | 20 | | (5) If a law enforcement agency is using a drone | 21 | | solely for crime scene and traffic crash scene | 22 | | photography. Crime scene and traffic crash photography | 23 | | must be conducted in a geographically confined and | 24 | | time-limited manner to document specific occurrences. The | 25 | | use of a drone under this paragraph (5) on private | 26 | | property requires either a search warrant based on |
| | | 10300HB3902sam001 | - 5 - | LRB103 31058 JDS 62443 a |
|
| 1 | | probable cause under Section 108-3 of the Code of Criminal | 2 | | Procedure of 1963 or lawful consent to search. The use of a | 3 | | drone under this paragraph (5) on lands, highways, | 4 | | roadways, or areas belonging to this State or political | 5 | | subdivisions of this State does not require a search | 6 | | warrant or consent to search. Any law enforcement agency | 7 | | operating a drone under this paragraph (5) shall make | 8 | | every reasonable attempt to only photograph the crime | 9 | | scene or traffic crash scene and avoid other areas.
| 10 | | (6) If a law enforcement agency is using a drone | 11 | | during a disaster or public health emergency, as defined | 12 | | by Section 4 of the Illinois Emergency Management Agency | 13 | | Act. The use of a drone under this paragraph (6) does not | 14 | | require an official declaration of a disaster or public | 15 | | health emergency prior to use. A law enforcement agency | 16 | | may use a drone under this paragraph (6) to obtain | 17 | | information necessary for the determination of whether or | 18 | | not a disaster or public health emergency should be | 19 | | declared, to monitor weather or emergency conditions, to | 20 | | survey damage, or to otherwise coordinate response and | 21 | | recovery efforts. The use of a drone under this paragraph | 22 | | (6) is permissible during the disaster or public health | 23 | | emergency and during subsequent response and recovery | 24 | | efforts. | 25 | | (7) To conduct an infrastructure inspection of a | 26 | | designated building or structure at the express request of |
| | | 10300HB3902sam001 | - 6 - | LRB103 31058 JDS 62443 a |
|
| 1 | | a local government agency. Any law enforcement agency | 2 | | operating a drone under this paragraph (7) shall make | 3 | | every reasonable attempt to photograph only the building | 4 | | or structure and to avoid other areas. | 5 | | (8) To demonstrate the capabilities and functionality | 6 | | of a police drone for public relations purposes, provided | 7 | | that no information is collected or recorded by the drone | 8 | | during such demonstration. | 9 | | (9) In response to Public Safety Answering Point | 10 | | (PSAP) dispatched calls for service, when the sole purpose | 11 | | for using a drone is for one or more first responders to | 12 | | locate victims, to assist with immediate victim health or | 13 | | safety needs, or to coordinate the response of emergency | 14 | | vehicles and personnel to an emergency. As used in this | 15 | | paragraph (9), "Public Safety Answering Point" and "PSAP" | 16 | | have the meaning given to those terms in Section 2 of the | 17 | | Emergency Telephone System Act. | 18 | | (10) If a law enforcement agency is using a drone at a | 19 | | routed event or special event. The use of a drone under | 20 | | this paragraph (10) requires that: | 21 | | (A) notice is posted at the event location for at | 22 | | least 24 hours before the event and clearly | 23 | | communicates that drones may be used at the upcoming | 24 | | event for the purpose of real-time monitoring of | 25 | | participant safety; | 26 | | (B) notice is posted, if practical, at major entry |
| | | 10300HB3902sam001 | - 7 - | LRB103 31058 JDS 62443 a |
|
| 1 | | points to the event clearly informing the attendees | 2 | | that a drone may be used for the purpose of real-time | 3 | | monitoring of participant safety; and | 4 | | (C) the drone is flown in accordance with Federal | 5 | | Aviation Administration safety regulations. | 6 | | Under this paragraph (10), a law enforcement agency | 7 | | may use the drone: | 8 | | (i) in advance of an event, before event | 9 | | participants have begun to assemble, for the sole | 10 | | purpose of creating maps and determining appropriate | 11 | | access routes, staging areas, and traffic routes, | 12 | | provided that no personal identifying information is | 13 | | recorded and provided further that no recorded | 14 | | information is used in any criminal prosecution; or | 15 | | (ii) during the event to proactively support | 16 | | public safety personnel by monitoring the event | 17 | | footprint in real time: | 18 | | (I) to detect a breach of event space, | 19 | | including a breach by an unauthorized vehicle, an | 20 | | interruption of a parade route, or a breach of an | 21 | | event barricade or fencing; | 22 | | (II) to evaluate crowd size and density; | 23 | | (III) to identify activity that could present | 24 | | a public safety issue for the crowd as a whole, | 25 | | including crowd movement; | 26 | | (IV) to assist in the response of public |
| | | 10300HB3902sam001 | - 8 - | LRB103 31058 JDS 62443 a |
|
| 1 | | safety personnel to a real-time public safety | 2 | | incident at the event; and | 3 | | (V) to assess the traffic and pedestrian flow | 4 | | around the event in real time. | 5 | | (Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15 .) | 6 | | (725 ILCS 167/17 new) | 7 | | Sec. 17. Use of facial recognition. A law enforcement | 8 | | agency operating a drone under this Act is prohibited from | 9 | | using, during a flight, onboard facial
recognition software | 10 | | that works in conjunction with the drone. A law enforcement | 11 | | agency operating a drone under this Act is prohibited from | 12 | | using any information gathered by a drone with any facial | 13 | | recognition software, unless either (i) the law enforcement | 14 | | agency is using a drone to counter a high risk of a terrorist | 15 | | attack by a specific individual or organization and the United | 16 | | States Secretary of Homeland Security has determined that | 17 | | credible intelligence indicates that there is such a risk or | 18 | | (ii) the law enforcement agency possesses reasonable suspicion | 19 | | that, under particular circumstances, swift action is needed | 20 | | to prevent imminent harm to life or to forestall the imminent | 21 | | escape of a suspect or the destruction of evidence. | 22 | | (725 ILCS 167/18 new) | 23 | | Sec. 18. Use of weapons. A law enforcement agency | 24 | | operating a drone under this Act is prohibited from equipping |
| | | 10300HB3902sam001 | - 9 - | LRB103 31058 JDS 62443 a |
|
| 1 | | or using on a drone any firearm, weaponized laser, kinetic | 2 | | impact projectile, chemical agent or irritant, or any other | 3 | | lethal or non-lethal weapon. | 4 | | (725 ILCS 167/20)
| 5 | | Sec. 20. Information retention. | 6 | | (a) If a law enforcement agency uses a drone under Section | 7 | | 15 of this Act, the agency within 30 days shall destroy all | 8 | | information gathered by the drone within the following | 9 | | timeframes: | 10 | | (1) All information gathered pursuant to paragraph | 11 | | (1), (2), (3), (4), (5), (6), or (9) of Section 15 shall be | 12 | | destroyed within 30 days after being gathered. | 13 | | (2) All information gathered pursuant to paragraph | 14 | | (10) of Section 15 shall be destroyed within 24 hours | 15 | | after being gathered. | 16 | | (3) All information gathered pursuant to paragraph (7) | 17 | | of Section 15 shall be turned over to the requesting local | 18 | | government agency as soon as practicable, and all gathered | 19 | | information shall be destroyed immediately after the | 20 | | information has been turned over. | 21 | | (b) Notwithstanding subsection (a) , except that a | 22 | | supervisor at a law enforcement that agency may retain | 23 | | particular information if: | 24 | | (1) there is reasonable suspicion that the information | 25 | | contains evidence of criminal activity ; , or |
| | | 10300HB3902sam001 | - 10 - | LRB103 31058 JDS 62443 a |
|
| 1 | | (2) the information is relevant to an ongoing | 2 | | investigation or pending criminal trial ; | 3 | | (3) a supervisor at the agency deems that the
| 4 | | information will be used exclusively for training
| 5 | | purposes, provided that any such information shall not
| 6 | | contain any personally identifiable information; or | 7 | | (4) the information consists of only flight path data, | 8 | | metadata, or telemetry information of the drone .
| 9 | | (Source: P.A. 98-569, eff. 1-1-14.) | 10 | | (725 ILCS 167/25)
| 11 | | Sec. 25. Information disclosure. | 12 | | (a) If a law enforcement agency uses a drone under Section | 13 | | 15 of this Act, the agency shall not disclose any information | 14 | | gathered by the drone, except that a supervisor of that agency | 15 | | may disclose particular information to another governmental | 16 | | government agency , if (1) there is reasonable suspicion that | 17 | | the information contains evidence of criminal activity , or (2) | 18 | | the information is relevant to an ongoing investigation or | 19 | | pending criminal trial.
| 20 | | (b) Records of drone usage, including flight path data, | 21 | | metadata, or telemetry information of specific flights, if | 22 | | available, may be disclosed subject to the Freedom of | 23 | | Information Act and rules adopted under that Act. | 24 | | (c) A law enforcement agency that uses a drone under | 25 | | Section 15 shall neither sell any information gathered by the |
| | | 10300HB3902sam001 | - 11 - | LRB103 31058 JDS 62443 a |
|
| 1 | | drone nor disclose any information gathered by the drone to | 2 | | any person to whom disclosure is not authorized under this | 3 | | Section. | 4 | | (d) Nothing in this Act prevents the disclosure of | 5 | | information through a court order or subpoena in connection | 6 | | with a criminal proceeding or if the disclosure is in regard to | 7 | | a completed traffic crash investigation. | 8 | | (Source: P.A. 98-569, eff. 1-1-14.) | 9 | | (725 ILCS 167/35)
| 10 | | Sec. 35. Reporting.
| 11 | | (a) If a law enforcement agency owns one or more drones, | 12 | | then subsequent to the effective date of this Act, it shall | 13 | | report in writing annually by April 1 to the Authority the | 14 | | number of drones that it owns , the number of times a drone was | 15 | | used pursuant to each paragraph of Section 15, including the | 16 | | date of use, time of use, reason for use, location, whether | 17 | | video was recorded, and whether the video is designated for | 18 | | retention for training purposes. The report shall contain a | 19 | | copy of the agency's latest policy concerning drones as of the | 20 | | most recent April 1 . | 21 | | (b) On July 1 of each year, the Authority shall publish on | 22 | | its publicly available website a concise report that lists | 23 | | every law enforcement agency that owns a drone, and for each of | 24 | | those agencies, the number of drones that it owns , the number | 25 | | of times a drone was used pursuant to each paragraph of Section |
| | | 10300HB3902sam001 | - 12 - | LRB103 31058 JDS 62443 a |
|
| 1 | | 15, including the date of use, time of use, reason for use, | 2 | | location, whether video was recorded, whether the video is | 3 | | designated for retention for training purposes. The report | 4 | | shall contain a copy of the agency's latest policy concerning | 5 | | drones as of the most recent April 1 .
| 6 | | (c) Each law enforcement agency that uses a drone shall | 7 | | implement and make publicly available on its website the law | 8 | | enforcement agency's policy governing the operation, use, | 9 | | administration, and oversight of its drone program. | 10 | | (Source: P.A. 98-569, eff. 1-1-14.) | 11 | | (725 ILCS 167/45 new) | 12 | | Sec. 45. Policy; violations. | 13 | | (a) Each law enforcement agency using drones under this | 14 | | Act shall have a policy outlining drone use consistent with | 15 | | this Act. The policy shall include that, if an agency learns of | 16 | | violations of this Act, the agency shall immediately take | 17 | | actions to prevent future violations of the Act through any | 18 | | one or more of the following means: training, discipline, | 19 | | including progressive discipline for repeat violations, or | 20 | | other means that will prevent repeated violations of the Act | 21 | | by law enforcement. If an agency learns of willful and wanton | 22 | | violations of this Act, the agency shall immediately remove | 23 | | the pilot from its drone program and take action to prevent | 24 | | future willful and wanton violations of the Act. | 25 | | (b) The Attorney General shall have authority to conduct |
| | | 10300HB3902sam001 | - 13 - | LRB103 31058 JDS 62443 a |
|
| 1 | | investigations into patterns and practices of violations of | 2 | | this Act. The Attorney General may: | 3 | | (1) require a law enforcement agency, law enforcement | 4 | | official, or any other person or entity to file a | 5 | | statement or report in writing under oath or otherwise, as | 6 | | to all information the Attorney General may consider | 7 | | necessary; | 8 | | (2) examine under oath any law enforcement official or | 9 | | any other person alleged to have participated in or with | 10 | | knowledge of the alleged violation; or | 11 | | (3) issue subpoenas, obtain records, conduct hearings, | 12 | | or take any other actions in aid of any investigation. | 13 | | If a law enforcement agency, law enforcement official, or | 14 | | other person or entity fails to comply, in whole or in part, | 15 | | with a subpoena or other investigative request issued under | 16 | | paragraph (3) of this subsection, the Attorney General may | 17 | | compel compliance through an action in the circuit court. | 18 | | (c) Following completion of an investigation under | 19 | | subsection (b), the Attorney General may, upon his or her own | 20 | | information or upon the complaint of any person, maintain an | 21 | | action for declaratory, injunctive, or any other equitable | 22 | | relief in the circuit court against any law enforcement | 23 | | agency, law enforcement official, or other person or entity | 24 | | who violates any provision of this Act. These remedies are in | 25 | | addition to, and not in substitution for, other available | 26 | | remedies, penalties, or disciplinary action. |
| | | 10300HB3902sam001 | - 14 - | LRB103 31058 JDS 62443 a |
|
| 1 | | (d) Upon entry of an adverse judgment under this Act | 2 | | demonstrating a pattern or practice of violations of this Act, | 3 | | a law enforcement agency shall forfeit its ability to use | 4 | | drones under Section 15 of this Act for not less than 6 months | 5 | | for a first adverse judgment and up to one year for a second | 6 | | adverse judgment demonstrating a pattern or practice of | 7 | | violating this Act. | 8 | | (e) Nothing in this Section is intended to prohibit or | 9 | | limit any other remedy available by law.
| 10 | | Section 97. Severability. The provisions of this Act are | 11 | | severable under Section 1.31 of the Statute on Statutes. | 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
|
|