Full Text of SB0107 103rd General Assembly
SB0107 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0107 Introduced 1/24/2023, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: |
| |
Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board may investigate complaints concerning drone use by a law enforcement agency. Provides that if a pattern of willful and wanton violations is confirmed, the law enforcement agency shall take actions to prevent future violations through specified means. Provides that if the agency fails to take actions to address the violations and prevent future violations from occurring, then the Board may restrict the agency's ability to use its drones for a period not to exceed 3 months per incident. Amends the Freedom from Drone Surveillance Act. Changes the name of the Act to the Drones as First Responders Act. Defines "permitted special event". Adds various exemptions allowing the use of drones. Permits records of drone usage, including flight path data, metadata, or telemetry information of specific flights, to be disclosed subject to the Freedom of Information Act and rules adopted under that Act. Provides that the information relating to infrastructure inspections conducted at the request of a local governmental agency may be disclosed to that local governmental agency or, in the case of traffic and parking evaluations conducted at school, it may also be disclosed to the school or any engineering staff involved in the process. Provides that nothing in the Act prevents the disclosure of information through a court order or subpoena in connection with a criminal proceeding or if the disclosure is in regard to a completed traffic crash investigation. Changes drone usage reporting requirements of law enforcement agencies to the Illinois Criminal Justice Information Authority. Makes other changes, and amends the School Code to make conforming changes. Provides that a drone may not be used over a school unless the parents are notified by a principal or administrator prior to the use of the drone.
|
| |
| | A BILL FOR |
|
| | | SB0107 | | LRB103 24892 RLC 51226 b |
|
| 1 | | AN ACT concerning drones.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Police Training Act is amended by | 5 | | adding Section 8.5 as follows: | 6 | | (50 ILCS 705/8.5 new) | 7 | | Sec. 8.5. Illinois Law Enforcement Training Standards | 8 | | Board; violations of the Drones as First Responders Act. The | 9 | | Board may investigate complaints of violations of the Drones | 10 | | as First Responders Act, if the images, photos, or video, are | 11 | | being maintained
in accordance with Section 20 of the Drones | 12 | | as First Responders Act. If a pattern of willful and wanton | 13 | | violations is confirmed, the law enforcement agency shall take | 14 | | actions to prevent future violations through any of the | 15 | | following means: training, discipline, removal of the pilot | 16 | | from its drone program, or
other means that will prevent | 17 | | repeated violations. If the agency fails to take actions to
| 18 | | address the violations and prevent future violations from | 19 | | occurring, then the Board may
restrict the agency's ability to | 20 | | use its drones for a period not to exceed 3 months
per | 21 | | incident. | 22 | | Section 10. The School Code is amended by adding Sections |
| | | SB0107 | - 2 - | LRB103 24892 RLC 51226 b |
|
| 1 | | 10-27.1C and 34-240 as follows: | 2 | | (105 ILCS 5/10-27.1C new) | 3 | | Sec. 10-27.1C. Use of drone; notice to parents. A law | 4 | | enforcement agency may use a drone for the purpose of | 5 | | evaluating traffic flow and parking around the school. The | 6 | | drone may not be used by the law enforcement agency unless the | 7 | | school board first authorizes the law enforcement agency to | 8 | | use a drone over the school. The school board may authorize the | 9 | | use of a drone at the annual review conducted under Section 25 | 10 | | of the School Safety Drill Act or through a separate board | 11 | | action. A drone may not be used over a school unless the | 12 | | parents are notified by a principal or administrator prior to | 13 | | the use of the drone. Nothing in this Section shall be | 14 | | construed to prohibit a law enforcement agency from using a | 15 | | drone in accordance with the Drones as First Responders Act. | 16 | | In this Section, "drone" and "law enforcement agency" have | 17 | | the meanings provided for those terms in Section 5 of the | 18 | | Drones as First Responders Act. | 19 | | (105 ILCS 5/34-240 new) | 20 | | Sec. 34-240. Use of drones; notice to parents. A law | 21 | | enforcement agency may use a drone for the purpose of | 22 | | evaluating traffic flow and parking around the school. The | 23 | | drone may not be used by the law enforcement agency unless the | 24 | | school board first authorizes the law enforcement agency to |
| | | SB0107 | - 3 - | LRB103 24892 RLC 51226 b |
|
| 1 | | use a drone over the school. The school board may authorize the | 2 | | use of a drone at the annual review conducted under Section 25 | 3 | | of the School Safety Drill Act or through a separate board | 4 | | action. A drone may not be used over a school unless the | 5 | | parents are notified by a principal or administrator prior to | 6 | | the use of the drone. Nothing in this Section shall be | 7 | | construed to prohibit a law enforcement agency from using a | 8 | | drone in accordance with the Drones as First Responders Act. | 9 | | In this Section, "drone" and "law enforcement agency" have | 10 | | the meanings provided for those terms in Section 5 of the | 11 | | Drones as First Responders Act. | 12 | | Section 15. The Freedom from Drone Surveillance Act is | 13 | | amended by changing Sections 1, 5, 15, 20, 25, and 35 and by | 14 | | adding Section 17 as follows: | 15 | | (725 ILCS 167/1)
| 16 | | Sec. 1. Short title. This Act may be cited as the Drones as | 17 | | First Responders Freedom from Drone Surveillance Act.
| 18 | | (Source: P.A. 98-569, eff. 1-1-14.) | 19 | | (725 ILCS 167/5)
| 20 | | Sec. 5. Definitions. As used in this Act: | 21 | | "Authority" means the Illinois Criminal Justice | 22 | | Information Authority. | 23 | | "Drone" means any aerial vehicle that does not carry a |
| | | SB0107 | - 4 - | LRB103 24892 RLC 51226 b |
|
| 1 | | human operator. | 2 | | "Information" means any evidence, images, sounds, data, or | 3 | | other information gathered by a drone. | 4 | | "Law enforcement agency" means any agency of this State or | 5 | | a political subdivision of this State which is vested by law | 6 | | with the duty to maintain public order and to enforce criminal | 7 | | laws.
| 8 | | "Permitted special event" means a nonroutine activity: | 9 | | (1) for which a permit has been issued by the | 10 | | responsible governmental agency, including, but not | 11 | | limited to, the State of Illinois or a county, | 12 | | municipality, township, park district, or other unit of | 13 | | local government; and | 14 | | (2) that is either open to the public or for which the | 15 | | organizer has consented to the use of a drone. | 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 |
| | | SB0107 | - 5 - | LRB103 24892 RLC 51226 b |
|
| 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 attempting to | 16 | | locate a missing person , engaging in search and rescue | 17 | | operations, or aiding a person who cannot otherwise be | 18 | | safely reached , and is not also undertaking a criminal | 19 | | 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 |
| | | SB0107 | - 6 - | LRB103 24892 RLC 51226 b |
|
| 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 |
| | | SB0107 | - 7 - | LRB103 24892 RLC 51226 b |
|
| 1 | | a local governmental agency or to conduct an evaluation of | 2 | | traffic flow around a school in order to assist the | 3 | | school, law enforcement agency, and engineering staff to | 4 | | determine the optimal flow of traffic and parking around | 5 | | the school. The school evaluation shall be preplanned and | 6 | | limited to the immediate roadway and parking areas at and | 7 | | adjacent to the school. The school board or the board's | 8 | | designee must authorize the use of the drone for this | 9 | | purpose and, when feasible, shall notify parents ahead of | 10 | | time that this evaluation is planned. | 11 | | (8) To demonstrate the capabilities and functionality | 12 | | of a police drone for public relations purposes, provided | 13 | | that no information is recorded by the drone during such a | 14 | | demonstration. | 15 | | (9) In response to Public Safety Answering Point | 16 | | (PSAP) dispatched calls for service, when the primary | 17 | | purpose for using a drone is to locate victims, or to | 18 | | coordinate the response of emergency vehicles and | 19 | | personnel to an emergency. | 20 | | (10) To investigate a drone being used in violation of | 21 | | Federal Aviation Administration rules that pertain to | 22 | | safety, to include flying beyond visual line of sight, | 23 | | interfering with the flight of manned aircraft, flying | 24 | | over people, flying in Federal Aviation Administration | 25 | | restricted areas (such as adjacent to or at airports or | 26 | | areas that have a Federal Aviation Administration-issued |
| | | SB0107 | - 8 - | LRB103 24892 RLC 51226 b |
|
| 1 | | Temporary Flight Restriction). | 2 | | (11) If a law enforcement agency is using a drone at a | 3 | | permitted special event or at a public event hosted by a | 4 | | governmental unit in which a permit is not issued by the | 5 | | governmental
unit, such as a parade, street festival, | 6 | | sporting event, or other
similar event. The use of a drone | 7 | | under this paragraph (11) requires that: | 8 | | (A) signs are posted at major entry points to the | 9 | | event that clearly communicate to the participants | 10 | | that a drone may be used for the purpose of real-time | 11 | | monitoring of participant safety; and | 12 | | (B) the drone is flown in accordance with Federal | 13 | | Aviation Administration safety regulations. | 14 | | Under this exception (11), a law enforcement agency | 15 | | may use the drone: | 16 | | (i) in advance of an event before event | 17 | | participants have begun to assemble to determine | 18 | | appropriate access routes, staging areas, and traffic | 19 | | routes; or | 20 | | (ii) during the event to proactively support | 21 | | public safety personnel by monitoring the event | 22 | | footprint for the following in real time: | 23 | | (I) to detect any breach of public event space | 24 | | to include: unauthorized vehicles, interruptions | 25 | | of parade routes, breaching event barricades, or | 26 | | fencing; |
| | | SB0107 | - 9 - | LRB103 24892 RLC 51226 b |
|
| 1 | | (II) to monitor crowd size and density in real | 2 | | time; | 3 | | (III) to provide real-time monitoring for | 4 | | activity that could present a public safety issue | 5 | | for the crowd as a whole, including crowd | 6 | | movement; | 7 | | (IV) to assist in the response of public | 8 | | safety personnel to a real-time public safety | 9 | | incident at the event; and | 10 | | (V) to assess the traffic and pedestrian flow | 11 | | around the event in real time. | 12 | | (12) To conduct department-approved training for any | 13 | | of the types of operations
authorized by the preceding | 14 | | exemptions, while
complying with Section 20 of this Act. | 15 | | (Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15 .) | 16 | | (725 ILCS 167/17 new) | 17 | | Sec. 17. Use of facial recognition. A law enforcement | 18 | | agency operating a drone under this Act is prohibited from | 19 | | using, during a flight, onboard facial
recognition software | 20 | | that works in conjunction with the drone, unless there is a | 21 | | reasonable
suspicion that a felony, as defined in Section 2-7 | 22 | | of the Criminal Code of 2012, is occurring or has just occurred | 23 | | at that
location or in the immediate vicinity; or the law | 24 | | enforcement agency is attempting to locate a specific person | 25 | | who it reasonably
believes may cause great bodily harm to one |
| | | SB0107 | - 10 - | LRB103 24892 RLC 51226 b |
|
| 1 | | or more persons at that location. Nothing in this Act prevents | 2 | | a law enforcement agency from using captured images, photos, | 3 | | or video from a drone at a later time to identify persons
| 4 | | involved in criminal activity, if the images, photos, or video | 5 | | are being maintained in accordance with Section 20 of
this | 6 | | Act. | 7 | | (725 ILCS 167/20)
| 8 | | Sec. 20. Information retention. | 9 | | (a) If a law enforcement agency uses a drone under Section | 10 | | 15 of this Act, the agency within 30 days shall destroy , within | 11 | | the following time frames, all photos, videos, and images | 12 | | gathered by the drone: information gathered by the drone, | 13 | | except that a supervisor at that agency may retain particular | 14 | | information if: | 15 | | (1) for photos, videos, and images gathered pursuant | 16 | | to paragraphs (1) through (11) of Section 15, within 30 | 17 | | days. | 18 | | (2) for photos, videos, and images gathered pursuant | 19 | | to paragraph (12) of Section 15, within 7 days. | 20 | | (b) Notwithstanding subsection (a), a supervisor
at a law | 21 | | enforcement agency may retain particular information if: | 22 | | (1) there is reasonable suspicion that the information | 23 | | contains evidence of criminal activity ; , or | 24 | | (2) the information is relevant to an ongoing | 25 | | investigation or pending criminal trial ; |
| | | SB0107 | - 11 - | LRB103 24892 RLC 51226 b |
|
| 1 | | (3) a supervisor at the agency deems that the | 2 | | information will be used exclusively for training | 3 | | purposes, provided that any such information shall not | 4 | | contain any personally identifiable information; | 5 | | (4) the information consists of flight path data, | 6 | | metadata, or telemetry information of the drone; | 7 | | (5) the information relates to infrastructure | 8 | | inspections conducted at the request of a local | 9 | | governmental agency or traffic and parking evaluations | 10 | | conducted at a school; or | 11 | | (6) the information was gathered during the | 12 | | investigation of a drone being used in violation of | 13 | | Federal Aviation Administration safety rules as stated in | 14 | | paragraph (10) of Section 15 .
| 15 | | (Source: P.A. 98-569, eff. 1-1-14.) | 16 | | (725 ILCS 167/25)
| 17 | | Sec. 25. Information disclosure. | 18 | | (a) If a law enforcement agency uses a drone under Section | 19 | | 15 of this Act, the agency shall not disclose any information | 20 | | gathered by the drone, except that a supervisor of that agency | 21 | | may disclose particular information to another governmental | 22 | | government agency, if (1) there is reasonable suspicion that | 23 | | the information contains evidence of criminal activity, or (2) | 24 | | the information is relevant to an ongoing investigation or | 25 | | pending criminal trial.
|
| | | SB0107 | - 12 - | LRB103 24892 RLC 51226 b |
|
| 1 | | (b) Records of drone usage, including flight path date, | 2 | | metadata, or telemetry information of specific flights, may be | 3 | | disclosed subject to the Freedom of Information Act and rules | 4 | | adopted under that Act. | 5 | | (c) Information relating to infrastructure inspections | 6 | | conducted at the request of a local governmental agency may be | 7 | | disclosed to that local governmental agency or in the case of | 8 | | traffic and parking evaluations conducted at a school it may | 9 | | also be disclosed to the school or any engineering staff | 10 | | involved in the process. | 11 | | (d) Nothing in this Act prevents the disclosure of | 12 | | information through a court order or subpoena in connection | 13 | | with a criminal proceeding or if the disclosure is in regard to | 14 | | a completed traffic crash investigation. | 15 | | (Source: P.A. 98-569, eff. 1-1-14.) | 16 | | (725 ILCS 167/35)
| 17 | | Sec. 35. Reporting.
| 18 | | (a) If a law enforcement agency owns one or more drones, | 19 | | then subsequent to the effective date of this Act, it shall | 20 | | report in writing annually by April 1 to the Authority the | 21 | | number of drones that it owns , the number of times a drone was | 22 | | used pursuant to paragraphs (3), (4), (5), (6), (7), (8), and | 23 | | (9) of Section 15, including the date of use, time of use, | 24 | | reason for use, location, whether video was recorded, and | 25 | | whether the video is designated for retention for training |
| | | SB0107 | - 13 - | LRB103 24892 RLC 51226 b |
|
| 1 | | purposes. The report shall contain a copy of the agency's | 2 | | latest policy concerning drones as of the most recent April 1 . | 3 | | (b) On July 1 of each year, the Authority shall publish on | 4 | | its publicly available website a concise report that lists | 5 | | every law enforcement agency that owns a drone, and for each of | 6 | | those agencies, the number of drones that it owns , the number | 7 | | of times a drone was used pursuant to paragraphs (3), (4), (5), | 8 | | (6), (7), (8), and (9) of Section 15, including the date of | 9 | | use, time of use, reason for use, location, whether video was | 10 | | recorded, whether the video is designated for retention for | 11 | | training purposes. The report shall contain a copy of the | 12 | | agency's latest policy concerning drones as of the most recent | 13 | | April 1 .
| 14 | | (c) Each law enforcement agency that uses a drone shall | 15 | | implement and make publicly available on its website the law | 16 | | enforcement agency's policy governing the operation, use, | 17 | | administration, and oversight of its drone program. | 18 | | (Source: P.A. 98-569, eff. 1-1-14.)
| | | | SB0107 | - 14 - | LRB103 24892 RLC 51226 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 50 ILCS 705/8.5 new | | | 4 | | 105 ILCS 5/10-27.1C new | | | 5 | | 105 ILCS 5/34-240 new | | | 6 | | 725 ILCS 167/1 | | | 7 | | 725 ILCS 167/5 | | | 8 | | 725 ILCS 167/15 | | | 9 | | 725 ILCS 167/17 new | | | 10 | | 725 ILCS 167/20 | | | 11 | | 725 ILCS 167/25 | | | 12 | | 725 ILCS 167/35 | |
| |
|