Illinois General Assembly - Full Text of HB2553
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Full Text of HB2553  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,
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 and digital gateway devices. For purposes of
2this Act: "personal computing device" means a personal
3computer, cell phone, smartphone, or tablet; and "digital
4gateway device" means a modem, router, wireless access point,
5or cable set-top box serviced by a cable provider.
6    "Household electronic data" means any information or input
7provided by a person to a household electronic device.
8    "Law enforcement agency" means any agency of this State or
9a political subdivision of this State which is vested by law
10with the duty to maintain public order and to enforce criminal
12    Section 10. Prohibited use of household electronic data.
13Except as provided in Section 15, a law enforcement agency
14shall not obtain household electronic data or direct the
15acquisition of household electronic data from a private third
17    Section 15. Exceptions. This Act does not prohibit a law
18enforcement agency from obtaining household electronic data:
19    (1) If a law enforcement agency first obtains a warrant
20under Section 108-4 of the Code of Criminal Procedure of 1963.
21    (2) To respond to a call for emergency services concerning
22the 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
18electronic device or person in actual or constructive
19possession of the household electronic device, excluding law
20enforcement personnel.
21    (5) In all emergency cases arising under paragraph (2) or
22(3), an application for a search warrant approving the
23previous obtaining of household electronic data must be made
24within 72 hours of its commencement. In order to approve
25obtaining household electronic data, the judge must make a



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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
7denied, the household electronic data obtained under this
8exception shall be inadmissible in accordance with Section 30.
9    Section 20. Information retention. If a law enforcement
10agency obtains household electronic data under paragraphs (1)
11through (3) of Section 15 and does not file criminal charges,
12the agency shall destroy all information obtained within 60
13days after obtaining the data, except that a supervisor at
14that agency may retain particular information if:
15    (1) there is reasonable suspicion that the information
16contains evidence of criminal activity; or
17    (2) the information is relevant to an ongoing
19    Section 25. Information disclosure by law enforcement
21    (a) If a law enforcement agency obtains household
22electronic data under Section 15, the agency shall not
23disclose any information obtained, except that a supervisor of
24that agency may disclose particular information to another



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1government agency, employee of a government agency, or
2material 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
9party, the disclosing law enforcement agency must make
10reasonable efforts to limit disclosure to the minimum
11necessary to accomplish the intended purpose of the
13    Section 30. Admissibility. If the court finds by a
14preponderance of the evidence that a law enforcement agency
15obtained household electronic data pertaining to a person or
16his or her effects in violation of this Act, then the
17information shall be presumed to be inadmissible in any
18judicial or administrative proceeding. The State may overcome
19this presumption by proving the applicability of a judicially
20recognized exception to the exclusionary rule of the Fourth
21Amendment to the United States Constitution or Section 6 of
22Article I of the Illinois Constitution, or by a preponderance
23of the evidence that the law enforcement officer was acting in
24good faith and reasonably believed that one or more of the
25exceptions identified in Section 15 existed at the time the



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1household electronic data was obtained.
2    Section 35. Providing household electronic data to a law
3enforcement agency not required. Except as provided in
4Section 15, nothing in this Act shall be construed to require a
5person or entity to provide household electronic data to a law
6enforcement agency under this Act. If law enforcement acquires
7information from a household electronic device under Section
815, any information so acquired is subject to Sections 20 and
10    Section 40. Security of production. Any person or entity
11that provides household electronic data in response to a
12request from any law enforcement agency under this Act shall
13take reasonable measures to ensure the confidentiality,
14integrity, and security of any household electronic data
15during transmission to any law enforcement agency, and to
16limit any production of household electronic data to
17information responsive to the law enforcement agency request.
18    Section 45. Limitation. Nothing in this Act shall be
19construed to apply to the interception, recording, wiretap, or
20other acquisition of electronic communications as they are
21transmitted in real time.
22    Section 50. Conflict with other laws. In the event of any



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1conflict between this Act and any applicable federal or State
2law, the requirement that establishes the higher standard for
3law enforcement to obtain information shall govern. Nothing in
4this Act prohibits the use of a lawful grand jury subpoena to
5obtain information which was obtainable by grand jury subpoena
6prior to the effective date of this Act.
7    Section 55. Liability. Nothing in this Act expands
8existing civil or criminal liability of an individual or
9entity arising under any applicable federal or State law.