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Public Act 103-0300 |
HB2245 Enrolled | LRB103 25366 HEP 51711 b |
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AN ACT concerning transportation.
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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 5. The Illinois Vehicle Code is amended by adding |
Sections 4-110 and 4-111 as follows: |
(625 ILCS 5/4-110 new) |
Sec. 4-110. Stolen vehicle recovery hotline. In a county |
having a population of 3,000,000 or more, the county sheriff |
shall establish with other law enforcement agencies a vehicle |
theft hotline to facilitate interaction with vehicle |
manufacturers and vehicle location vendors consistent with the |
Freedom From Location Surveillance Act. The county sheriff |
shall collaborate with vehicle manufacturers, dealers, and |
vehicle location vendors to provide information and assistance |
to law enforcement officers in the investigation of a |
vehicular hijacking or kidnapping incident and ensure that |
consumers are provided with information concerning the |
hotline, new or used vehicles manufactured with stolen vehicle |
locator capabilities, and how consumers can activate stolen |
vehicle locator services by publishing the information in a |
conspicuous location on the county sheriff's website. |
(625 ILCS 5/4-111 new) |
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Sec. 4-111. Manufacturer's vehicle incident hotline; law |
enforcement verification; manufacturer statements. |
(a) Unless the manufacturer or its vehicle location vendor |
operates an existing vehicle location service line, a |
manufacturer of any vehicle sold in this State shall maintain |
a telephone number that is staffed and available to State, |
county, and local law enforcement agencies and their |
respective 9-1-1 system call centers or designated dispatch |
centers 24 hours a day, 7 days a week to assist law enforcement |
with locating vehicles in the investigation of vehicles stolen |
in vehicular hijacking incidents or that have been used in the |
commission of a kidnapping. The
hotline for the manufacturer |
or
the manufacturer's vehicle location vendor shall relay |
vehicle
location information, including real-time vehicle |
location
information whenever reasonably possible, to the |
9-1-1 call center or
designated dispatch center or sworn law |
enforcement personnel for any of the responding law |
enforcement agencies, to
the best of the manufacturer's or |
vehicle location vendor's technical capability when: |
(1) a warrant or other court order has been issued |
relating to the vehicle's location information and |
provided to the manufacturer or the vehicle location |
vendor; or |
(2) the vehicle owner lawfully consents to the vehicle |
location information being shared with the 9-1-1 call |
center or designated dispatch center and responding law |
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enforcement officials; or |
(3) the 9-1-1 call center or designated dispatch |
center or responding law enforcement officials: |
(A) provides adequate verification to the
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manufacturer or the vehicle location vendor, of their
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identity as law enforcement and the identity of the |
responding law enforcement official; and |
(B) the responding law enforcement officials shall |
certify to the manufacturer or the vehicle
location |
vendor, that the situation involves a clear
and |
present danger of death or great bodily harm to
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persons resulting from the vehicular hijacking or
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kidnapping incident. |
(b) State, county, and local law enforcement agencies |
shall use their respective 9-1-1 system call centers or |
designated dispatch centers for the purpose of verification of |
law enforcement officers' identities and bona fide incident |
report numbers related to incidents. |
(c) If a vehicle is equipped with functioning vehicle |
location tracking capability, but the capability is not |
currently activated, the manufacturer or the vehicle location |
vendor shall waive all fees associated with initiating, |
renewing, reestablishing, or maintaining the vehicle location |
service the vehicle is equipped with during the investigation |
of the vehicle being stolen in a vehicular hijacking incident |
or being used in the commission of kidnapping incident when |
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law enforcement has confirmed that the situation involves a |
clear and present danger of death or great bodily harm to |
persons as described in paragraph (3) of subsection (a) and |
requires disclosure of vehicle location information without |
delay. |
(d) A vehicle manufacturer or a subsidiary, vendor, |
employee, officer, director, representative, or contractor of |
the vehicle manufacturer shall not be liable and no cause of |
action shall arise under the laws of this State for providing, |
or in good faith attempting to provide, information or |
assistance to a law enforcement agency, 9-1-1 call center, or |
designated dispatch center pursuant to the mechanisms and |
processes established under this Section.
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Section 10. The Freedom From Location Surveillance Act is |
amended by changing Section 15 as follows: |
(725 ILCS 168/15) |
Sec. 15. Exceptions. This Act does not prohibit a law |
enforcement agency from seeking to obtain location |
information: |
(1) to respond to a call for emergency services |
concerning the user or possessor of an electronic device; |
(2) with the lawful consent of the owner of the |
electronic device or person in actual or constructive |
possession of the item being tracked by the electronic |
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device; |
(3) to lawfully obtain location information broadly |
available to the general public without a court order when |
the location information is posted on a social networking |
website, or is metadata attached to images and video, or |
to determine the location of an Internet Protocol (IP) |
address through a publicly available service; |
(4) to obtain location information generated by an |
electronic device used as a condition of release from a |
penal institution, as a condition of pre-trial release, |
probation, conditional discharge, parole, mandatory |
supervised release, or other sentencing order, or to |
monitor an individual released under the Sexually Violent |
Persons Commitment Act or the Sexually Dangerous Persons |
Act; |
(5) to aid in the location of a missing person;
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(6) in emergencies as follows: |
(A) Notwithstanding any other provisions of this |
Act, any investigative or law enforcement officer may |
seek to obtain location information in an emergency |
situation as defined in this paragraph (6). This |
paragraph (6) applies only when there was no previous |
notice of the emergency to the investigative or law |
enforcement officer sufficient to obtain prior |
judicial approval, and the officer reasonably believes |
that an order permitting the obtaining of location |
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information would issue were there prior judicial |
review. An emergency situation exists when: |
(i) the use of the electronic device is |
necessary for the protection of the investigative |
or law enforcement officer or a person acting at |
the direction of law enforcement; or |
(ii) the situation involves: |
(aa) a clear and present danger of |
imminent death or great bodily harm to persons |
resulting from: |
(I) the use of force or the threat of |
the imminent use of force, |
(II) a kidnapping or the holding of a |
hostage by force or the threat of the |
imminent use of force, or |
(III) the occupation by force or the |
threat of the imminent use of force of any |
premises, place, vehicle, vessel, or |
aircraft; |
(bb) an abduction investigation; |
(cc) conspiratorial activities |
characteristic of organized crime; |
(dd) an immediate threat to national |
security interest; |
(ee) an ongoing attack on a computer |
comprising a felony; or |
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(ff) escape under Section 31-6 of the |
Criminal Code of 2012 ; or . |
(gg) vehicular hijacking. |
(B) In all emergency cases, an application for an |
order approving the previous or continuing obtaining |
of location information must be made within 72 hours |
of its commencement. In the absence of the order, or |
upon its denial, any continuing obtaining of location |
information gathering shall immediately terminate. In |
order to approve obtaining location information, the |
judge must make a determination (i) that he or she |
would have granted an order had the information been |
before the court prior to the obtaining of the |
location information and (ii) there was an emergency |
situation as defined in this paragraph (6). |
(C) In the event that an application for approval |
under this paragraph (6) is denied, the location |
information obtained under this exception shall be |
inadmissible in accordance with Section 20 of this |
Act; or
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(7) to obtain location information relating to an |
electronic device used to track a vehicle or an effect |
which is owned or leased by that law enforcement agency.
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(Source: P.A. 101-460, eff. 8-23-19.) |