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Public Act 103-0101 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. This Act may be referred to as the Drones as | ||||
First Responders Act. | ||||
Section 5. The Freedom from Drone Surveillance Act is | ||||
amended by changing Sections 5, 15, 20, 25, and 35 and by | ||||
adding Sections 17, 18, and 45 as follows: | ||||
(725 ILCS 167/5)
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Sec. 5. Definitions. As used in this Act: | ||||
"Authority" means the Illinois Criminal Justice | ||||
Information Authority. | ||||
"Drone" means any aerial vehicle that does not carry a | ||||
human operator. | ||||
"Information" means any evidence, images, sounds, data, or | ||||
other information gathered by a drone. | ||||
"Law enforcement agency" means any agency of this State or | ||||
a political subdivision of this State which is vested by law | ||||
with the duty to maintain public order and to enforce criminal | ||||
laws.
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"Parade" means a march, procession, or other similar | ||||
activity consisting of persons, animals, vehicles, or things, |
or any combination thereof, upon a public street, sidewalk, | ||
alley, or other public place, which requires a street closing | ||
or otherwise requires stopping or rerouting vehicular traffic | ||
because the parade will not or cannot comply with normal and | ||
usual traffic regulations or controls. "Parade" does not | ||
include a political protest, march, demonstration, or other | ||
assembly protected by the First Amendment. | ||
"Routed event" means a parade, walk, or race that: | ||
(1) is hosted by the State of Illinois or a county, | ||
municipality, township, or park district; | ||
(2) is outdoors and open to the public; and | ||
(3) has an estimated attendance of more than 50 | ||
people. | ||
"Routed event" does not include any political protest, | ||
march, demonstration, or other assembly protected by the First | ||
Amendment. | ||
"Special event" means a concert or food festival that: | ||
(1) is hosted by the State of Illinois or a county, | ||
municipality, township, or park district; | ||
(2) is outdoors and open to the public; and | ||
(3) has an estimated attendance of: | ||
(i) 150 or more people in a unit of local | ||
government with a population that is less than 50,000; | ||
(ii) 250 or more people in a unit of local | ||
government with a population that is greater than or | ||
equal to 50,000 but less than 100,000; |
(iii) 350 or more people in a unit of local | ||
government with a population that is greater than or | ||
equal to 100,000 but less than 500,000; or | ||
(iv) 500 or more people in a unit of local | ||
government with a population that is 500,000 or more. | ||
"Special event" does not include any political protest, | ||
march, demonstration, or other assembly protected by the First | ||
Amendment. | ||
(Source: P.A. 98-569, eff. 1-1-14.) | ||
(725 ILCS 167/15) | ||
Sec. 15. Exceptions. This Act does not prohibit the use of | ||
a drone by a law enforcement agency: | ||
(1) To counter a high risk of a terrorist attack by a | ||
specific individual or organization if the United States | ||
Secretary of Homeland Security determines that credible | ||
intelligence indicates that there is that risk. | ||
(2) If a law enforcement agency first obtains a search | ||
warrant based on probable cause issued under Section 108-3 | ||
of the Code of Criminal Procedure of 1963. The warrant | ||
must be limited to a period of 45 days, renewable by the | ||
judge upon a showing of good cause for subsequent periods | ||
of 45 days. | ||
(3) If a law enforcement agency possesses reasonable | ||
suspicion that, under particular circumstances, swift | ||
action is needed to prevent imminent harm to life, or to |
forestall the imminent escape of a suspect or the | ||
destruction of evidence. The use of a drone under this | ||
paragraph (3) is limited to a period of 48 hours. Within 24 | ||
hours of the initiation of the use of a drone under this | ||
paragraph (3), the chief executive officer of the law | ||
enforcement agency must report in writing the use of a | ||
drone to the local State's Attorney. | ||
(4) If a law enforcement agency is not undertaking a | ||
criminal investigation but is attempting to locate a | ||
missing person , engaging in search and rescue operations, | ||
or aiding a person who cannot otherwise be safely reached , | ||
and is not also undertaking a criminal investigation . | ||
(5) If a law enforcement agency is using a drone | ||
solely for crime scene and traffic crash scene | ||
photography. Crime scene and traffic crash photography | ||
must be conducted in a geographically confined and | ||
time-limited manner to document specific occurrences. The | ||
use of a drone under this paragraph (5) on private | ||
property requires either a search warrant based on | ||
probable cause under Section 108-3 of the Code of Criminal | ||
Procedure of 1963 or lawful consent to search. The use of a | ||
drone under this paragraph (5) on lands, highways, | ||
roadways, or areas belonging to this State or political | ||
subdivisions of this State does not require a search | ||
warrant or consent to search. Any law enforcement agency | ||
operating a drone under this paragraph (5) shall make |
every reasonable attempt to only photograph the crime | ||
scene or traffic crash scene and avoid other areas.
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(6) If a law enforcement agency is using a drone | ||
during a disaster or public health emergency, as defined | ||
by Section 4 of the Illinois Emergency Management Agency | ||
Act. The use of a drone under this paragraph (6) does not | ||
require an official declaration of a disaster or public | ||
health emergency prior to use. A law enforcement agency | ||
may use a drone under this paragraph (6) to obtain | ||
information necessary for the determination of whether or | ||
not a disaster or public health emergency should be | ||
declared, to monitor weather or emergency conditions, to | ||
survey damage, or to otherwise coordinate response and | ||
recovery efforts. The use of a drone under this paragraph | ||
(6) is permissible during the disaster or public health | ||
emergency and during subsequent response and recovery | ||
efforts. | ||
(7) To conduct an infrastructure inspection of a | ||
designated building or structure at the express request of | ||
a local government agency. Any law enforcement agency | ||
operating a drone under this paragraph (7) shall make | ||
every reasonable attempt to photograph only the building | ||
or structure and to avoid other areas. | ||
(8) To demonstrate the capabilities and functionality | ||
of a police drone for public relations purposes, provided | ||
that no information is collected or recorded by the drone |
during such demonstration. | ||
(9) In response to Public Safety Answering Point | ||
(PSAP) dispatched calls for service, when the sole purpose | ||
for using a drone is for one or more first responders to | ||
locate victims, to assist with immediate victim health or | ||
safety needs, or to coordinate the response of emergency | ||
vehicles and personnel to an emergency. As used in this | ||
paragraph (9), "Public Safety Answering Point" and "PSAP" | ||
have the meaning given to those terms in Section 2 of the | ||
Emergency Telephone System Act. | ||
(10) If a law enforcement agency is using a drone at a | ||
routed event or special event. The use of a drone under | ||
this paragraph (10) requires that: | ||
(A) notice is posted at the event location for at | ||
least 24 hours before the event and clearly | ||
communicates that drones may be used at the upcoming | ||
event for the purpose of real-time monitoring of | ||
participant safety; | ||
(B) notice is posted, if practical, at major entry | ||
points to the event clearly informing the attendees | ||
that a drone may be used for the purpose of real-time | ||
monitoring of participant safety; and | ||
(C) the drone is flown in accordance with Federal | ||
Aviation Administration safety regulations. | ||
Under this paragraph (10), a law enforcement agency | ||
may use the drone: |
(i) in advance of an event, before event | ||
participants have begun to assemble, for the sole | ||
purpose of creating maps and determining appropriate | ||
access routes, staging areas, and traffic routes, | ||
provided that no personal identifying information is | ||
recorded and provided further that no recorded | ||
information is used in any criminal prosecution; or | ||
(ii) during the event to proactively support | ||
public safety personnel by monitoring the event | ||
footprint in real time: | ||
(I) to detect a breach of event space, | ||
including a breach by an unauthorized vehicle, an | ||
interruption of a parade route, or a breach of an | ||
event barricade or fencing; | ||
(II) to evaluate crowd size and density; | ||
(III) to identify activity that could present | ||
a public safety issue for the crowd as a whole, | ||
including crowd movement; | ||
(IV) to assist in the response of public | ||
safety personnel to a real-time public safety | ||
incident at the event; and | ||
(V) to assess the traffic and pedestrian flow | ||
around the event in real time. | ||
(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15 .) | ||
(725 ILCS 167/17 new) |
Sec. 17. Use of facial recognition. A law enforcement | ||
agency operating a drone under this Act is prohibited from | ||
using, during a flight, onboard facial
recognition software | ||
that works in conjunction with the drone. A law enforcement | ||
agency operating a drone under this Act is prohibited from | ||
using any information gathered by a drone with any facial | ||
recognition software, unless either (i) the law enforcement | ||
agency is using a drone to counter a high risk of a terrorist | ||
attack by a specific individual or organization and the United | ||
States Secretary of Homeland Security has determined that | ||
credible intelligence indicates that there is such a risk or | ||
(ii) the law enforcement agency possesses reasonable suspicion | ||
that, under particular circumstances, swift action is needed | ||
to prevent imminent harm to life or to forestall the imminent | ||
escape of a suspect or the destruction of evidence. | ||
(725 ILCS 167/18 new) | ||
Sec. 18. Use of weapons. A law enforcement agency | ||
operating a drone under this Act is prohibited from equipping | ||
or using on a drone any firearm, weaponized laser, kinetic | ||
impact projectile, chemical agent or irritant, or any other | ||
lethal or non-lethal weapon. | ||
(725 ILCS 167/20)
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Sec. 20. Information retention. | ||
(a) If a law enforcement agency uses a drone under Section |
15 of this Act, the agency within 30 days shall destroy all | ||
information gathered by the drone within the following | ||
timeframes: | ||
(1) All information gathered pursuant to paragraph | ||
(1), (2), (3), (4), (5), (6), or (9) of Section 15 shall be | ||
destroyed within 30 days after being gathered. | ||
(2) All information gathered pursuant to paragraph | ||
(10) of Section 15 shall be destroyed within 24 hours | ||
after being gathered. | ||
(3) All information gathered pursuant to paragraph (7) | ||
of Section 15 shall be turned over to the requesting local | ||
government agency as soon as practicable, and all gathered | ||
information shall be destroyed immediately after the | ||
information has been turned over. | ||
(b) Notwithstanding subsection (a) , except that a | ||
supervisor at a law enforcement that agency may retain | ||
particular information if: | ||
(1) there is reasonable suspicion that the information | ||
contains evidence of criminal activity ; , or | ||
(2) the information is relevant to an ongoing | ||
investigation or pending criminal trial ; | ||
(3) a supervisor at the agency deems that the
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information will be used exclusively for training
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purposes, provided that any such information shall not
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contain any personally identifiable information; or | ||
(4) the information consists of only flight path data, |
metadata, or telemetry information of the drone .
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(Source: P.A. 98-569, eff. 1-1-14.) | ||
(725 ILCS 167/25)
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Sec. 25. Information disclosure. | ||
(a) If a law enforcement agency uses a drone under Section | ||
15 of this Act, the agency shall not disclose any information | ||
gathered by the drone, except that a supervisor of that agency | ||
may disclose particular information to another governmental | ||
government agency , if (1) there is reasonable suspicion that | ||
the information contains evidence of criminal activity , or (2) | ||
the information is relevant to an ongoing investigation or | ||
pending criminal trial.
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(b) Records of drone usage, including flight path data, | ||
metadata, or telemetry information of specific flights, if | ||
available, may be disclosed subject to the Freedom of | ||
Information Act and rules adopted under that Act. | ||
(c) A law enforcement agency that uses a drone under | ||
Section 15 shall neither sell any information gathered by the | ||
drone nor disclose any information gathered by the drone to | ||
any person to whom disclosure is not authorized under this | ||
Section. | ||
(d) Nothing in this 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. |
(Source: P.A. 98-569, eff. 1-1-14.) | ||
(725 ILCS 167/35)
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Sec. 35. Reporting.
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(a) If a law enforcement agency owns one or more drones, | ||
then subsequent to the effective date of this Act, it shall | ||
report in writing annually by April 1 to the Authority the | ||
number of drones that it owns , the number of times a drone was | ||
used pursuant to each paragraph of Section 15, including the | ||
date of use, time of use, reason for use, location, whether | ||
video was recorded, and whether the video is designated for | ||
retention for training purposes. The report shall contain a | ||
copy of the agency's latest policy concerning drones as of the | ||
most recent April 1 . | ||
(b) On July 1 of each year, the Authority shall publish on | ||
its publicly available website a concise report that lists | ||
every law enforcement agency that owns a drone, and for each of | ||
those agencies, the number of drones that it owns , the number | ||
of times a drone was used pursuant to each paragraph of Section | ||
15, including the date of use, time of use, reason for use, | ||
location, whether video was recorded, whether the video is | ||
designated for retention for training purposes. The report | ||
shall contain a copy of the agency's latest policy concerning | ||
drones as of the most recent April 1 .
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(c) Each law enforcement agency that uses a drone shall | ||
implement and make publicly available on its website the law |
enforcement agency's policy governing the operation, use, | ||
administration, and oversight of its drone program. | ||
(Source: P.A. 98-569, eff. 1-1-14.) | ||
(725 ILCS 167/45 new) | ||
Sec. 45. Policy; violations. | ||
(a) Each law enforcement agency using drones under this | ||
Act shall have a policy outlining drone use consistent with | ||
this Act. The policy shall include that, if an agency learns of | ||
violations of this Act, the agency shall immediately take | ||
actions to prevent future violations of the Act through any | ||
one or more of the following means: training, discipline, | ||
including progressive discipline for repeat violations, or | ||
other means that will prevent repeated violations of the Act | ||
by law enforcement. If an agency learns of willful and wanton | ||
violations of this Act, the agency shall immediately remove | ||
the pilot from its drone program and take action to prevent | ||
future willful and wanton violations of the Act. | ||
(b) The Attorney General shall have authority to conduct | ||
investigations into patterns and practices of violations of | ||
this Act. The Attorney General may: | ||
(1) require a law enforcement agency, law enforcement | ||
official, or any other person or entity to file a | ||
statement or report in writing under oath or otherwise, as | ||
to all information the Attorney General may consider | ||
necessary; |
(2) examine under oath any law enforcement official or | ||
any other person alleged to have participated in or with | ||
knowledge of the alleged violation; or | ||
(3) issue subpoenas, obtain records, conduct hearings, | ||
or take any other actions in aid of any investigation. | ||
If a law enforcement agency, law enforcement official, or | ||
other person or entity fails to comply, in whole or in part, | ||
with a subpoena or other investigative request issued under | ||
paragraph (3) of this subsection, the Attorney General may | ||
compel compliance through an action in the circuit court. | ||
(c) Following completion of an investigation under | ||
subsection (b), the Attorney General may, upon his or her own | ||
information or upon the complaint of any person, maintain an | ||
action for declaratory, injunctive, or any other equitable | ||
relief in the circuit court against any law enforcement | ||
agency, law enforcement official, or other person or entity | ||
who violates any provision of this Act. These remedies are in | ||
addition to, and not in substitution for, other available | ||
remedies, penalties, or disciplinary action. | ||
(d) Upon entry of an adverse judgment under this Act | ||
demonstrating a pattern or practice of violations of this Act, | ||
a law enforcement agency shall forfeit its ability to use | ||
drones under Section 15 of this Act for not less than 6 months | ||
for a first adverse judgment and up to one year for a second | ||
adverse judgment demonstrating a pattern or practice of | ||
violating this Act. |
(e) Nothing in this Section is intended to prohibit or | ||
limit any other remedy available by law.
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Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |