Full Text of HB2553 102nd General Assembly
HB2553enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Protecting Household Privacy Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Electronic communication" means any origination, | 8 | | transmission, emission, transfer, or reception of signs, | 9 | | signals, data, writings, images, video, audio, or intelligence | 10 | | of any nature by telephone, including cellular telephones or a | 11 | | wire, Internet, wireless, radio, electromagnetic, | 12 | | photo-electronic or photo-optical system, cable television, | 13 | | fiber optic, satellite, microwave, Internet-based or wireless | 14 | | distribution network, system, facility or related technology. | 15 | | "Household" means any single or multiple family dwelling, | 16 | | including but not limited to a single family home, house, | 17 | | apartment, mobile home, trailer, building, condominium, | 18 | | duplex, townhouse, or other living quarters, used or intended | 19 | | to be used as a dwelling place and immediately surrounding | 20 | | area. | 21 | | "Household electronic device" means any device primarily | 22 | | intended for use within a household that is capable of | 23 | | facilitating any electronic communication, excluding personal |
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| 1 | | computing devices and digital gateway devices. For purposes of | 2 | | this Act: "personal computing device" means a personal | 3 | | computer, cell phone, smartphone, or tablet; and "digital | 4 | | gateway device" means a modem, router, wireless access point, | 5 | | or cable set-top box serviced by a cable provider. | 6 | | "Household electronic data" means any information or input | 7 | | provided by a person to a household electronic device. | 8 | | "Law enforcement agency" means any agency of this State or | 9 | | a political subdivision of this State which is vested by law | 10 | | with the duty to maintain public order and to enforce criminal | 11 | | laws.
| 12 | | Section 10. Prohibited use of household electronic data. | 13 | | Except as provided in Section 15, a law enforcement agency | 14 | | shall not obtain household electronic data or direct the | 15 | | acquisition of household electronic data from a private third | 16 | | party.
| 17 | | Section 15. Exceptions. This Act does not prohibit a law | 18 | | enforcement agency from obtaining household electronic data: | 19 | | (1) If a law enforcement agency first obtains a warrant | 20 | | under Section 108-4 of the Code of Criminal Procedure of 1963. | 21 | | (2) To respond to a call for emergency services concerning | 22 | | the user or possessor of a household electronic device. | 23 | | (3) In an emergency situation: | 24 | | (A) involving a clear and present danger of imminent |
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| 1 | | death or great bodily harm to a person or persons | 2 | | resulting from a kidnapping, abduction, or the holding of | 3 | | a hostage by force or the threat of the imminent use of | 4 | | force; | 5 | | (B) where there was no previous notice of the | 6 | | emergency to the investigative or law enforcement officer | 7 | | sufficient to obtain prior judicial approval and the | 8 | | officer reasonably believes that an order permitting the | 9 | | obtaining of household electronic data would issue were | 10 | | there prior judicial review; | 11 | | (C) the household electronic data is necessary and the | 12 | | only potential data available to prevent imminent death or | 13 | | great bodily harm to a person or persons; and
| 14 | | (D) the data must and can be accessed before a warrant | 15 | | could be issued to prevent imminent death or great bodily | 16 | | harm to a person or persons.
| 17 | | (4) With the lawful consent of the owner of the household | 18 | | electronic device or person in actual or constructive | 19 | | possession of the household electronic device, excluding law | 20 | | enforcement personnel. | 21 | | (5) In all emergency cases arising under paragraph (2) or | 22 | | (3), an application for a search warrant approving the | 23 | | previous obtaining of household electronic data must be made | 24 | | within 72 hours of its commencement. In order to approve | 25 | | obtaining household electronic data, the judge must make a | 26 | | determination: |
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| 1 | | (A) that he or she would have granted a search warrant | 2 | | had the information been before the court prior to the | 3 | | obtaining of the household electronic data; and | 4 | | (B) there was an emergency situation as defined in | 5 | | subparagraph (C) of paragraph (3). | 6 | | If an application for approval under this paragraph is | 7 | | denied, the household electronic data obtained under this | 8 | | exception shall be inadmissible in accordance with Section 30.
| 9 | | Section 20. Information retention. If a law enforcement | 10 | | agency obtains household electronic data under paragraphs (1) | 11 | | through (3) of Section 15 and does not file criminal charges, | 12 | | the agency shall destroy all information obtained within 60 | 13 | | days after obtaining the data, except that a supervisor at | 14 | | that agency may retain particular information if: | 15 | | (1) there is reasonable suspicion that the information | 16 | | contains evidence of criminal activity; or | 17 | | (2) the information is relevant to an ongoing | 18 | | investigation.
| 19 | | Section 25. Information disclosure by law enforcement | 20 | | agencies. | 21 | | (a) If a law enforcement agency obtains household | 22 | | electronic data under Section 15, the agency shall not | 23 | | disclose any information obtained, except that a supervisor of | 24 | | that agency may disclose particular information to another |
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| 1 | | government agency, employee of a government agency, or | 2 | | material witness: | 3 | | (1) if the information is relevant to a criminal | 4 | | proceeding or investigation by a grand jury; or | 5 | | (2) with the lawful consent of the owner, or person in | 6 | | actual or constructive possession, of the household | 7 | | electronic device. | 8 | | (b) When disclosing household electronic data to any other | 9 | | party, the disclosing law enforcement agency must make | 10 | | reasonable efforts to limit disclosure to the minimum | 11 | | necessary to accomplish the intended purpose of the | 12 | | disclosure.
| 13 | | Section 30. Admissibility. If the court finds by a | 14 | | preponderance of the evidence that a law enforcement agency | 15 | | obtained household electronic data pertaining to a person or | 16 | | his or her effects in violation of this Act, then the | 17 | | information shall be presumed to be inadmissible in any | 18 | | judicial or administrative proceeding. The State may overcome | 19 | | this presumption by proving the applicability of a judicially | 20 | | recognized exception to the exclusionary rule of the Fourth | 21 | | Amendment to the United States Constitution or Section 6 of | 22 | | Article I of the Illinois Constitution, or by a preponderance | 23 | | of the evidence that the law enforcement officer was acting in | 24 | | good faith and reasonably believed that one or more of the | 25 | | exceptions identified in Section 15 existed at the time the |
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| 1 | | household electronic data was obtained.
| 2 | | Section 35. Providing household electronic data to a law | 3 | | enforcement agency not required. Except as provided in | 4 | | Section 15, nothing in this Act shall be construed to require a | 5 | | person or entity to provide household electronic data to a law | 6 | | enforcement agency under this Act. If law enforcement acquires | 7 | | information from a household electronic device under Section | 8 | | 15, any information so acquired is subject to Sections 20 and | 9 | | 25. | 10 | | Section 40. Security of production. Any person or entity | 11 | | that provides household electronic data in response to a | 12 | | request from any law enforcement agency under this Act shall | 13 | | take reasonable measures to ensure the confidentiality, | 14 | | integrity, and security of any household electronic data | 15 | | during transmission to any law enforcement agency, and to | 16 | | limit any production of household electronic data to | 17 | | information responsive to the law enforcement agency request.
| 18 | | Section 45. Limitation. Nothing in this Act shall be | 19 | | construed to apply to the interception, recording, wiretap, or | 20 | | other acquisition of electronic communications as they are | 21 | | transmitted in real time. | 22 | | Section 50. Conflict with other laws. In the event of any |
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| 1 | | conflict between this Act and any applicable federal or State | 2 | | law, the requirement that establishes the higher standard for | 3 | | law enforcement to obtain information shall govern. Nothing in | 4 | | this Act prohibits the use of a lawful grand jury subpoena to | 5 | | obtain information which was obtainable by grand jury subpoena | 6 | | prior to the effective date of this Act. | 7 | | Section 55. Liability. Nothing in this Act expands | 8 | | existing civil or criminal liability of an individual or | 9 | | entity arising under any applicable federal or State law. |
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