IL SB2808 | 2013-2014 | 98th General Assembly

Status

Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on August 26 2014 - 100% progression
Action: 2014-08-26 - Public Act . . . . . . . . . 98-1104
Text: Latest bill text (Chaptered) [HTML]

Summary

Creates the Freedom From Location Surveillance Act. Provides that a law enforcement agency shall not obtain current or future location information pertaining to a person or his or her effects without first obtaining a court order based on probable cause to believe that the person whose location information is sought has committed, is committing, or is about to commit a crime or the effect is evidence of a crime, or if the location information is authorized under an arrest warrant issued under the Code of Criminal Procedure of 1963 to aid in the apprehension or the arrest of the person named in the arrest warrant. An order issued under a finding of probable cause must be limited to a period of 60 days, renewable by the judge upon a showing of good cause for subsequent periods of 60 days. Provides exemptions. Provides that if the court finds by a preponderance of the evidence that a law enforcement agency obtained current or future location information pertaining to a person or his or her effects in violation of the Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. Provides that the State may overcome this presumption by proving the applicability of a judicially recognized exception to the exclusionary rule of the Fourth Amendment to the United States Constitution or Article I, Section 6 of the Illinois Constitution, or by a preponderance of the evidence that the law enforcement officer was acting in good faith and reasonably believed that one or more of the exceptions existed at the time the location information was obtained. Effective immediately.

Tracking Information

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Title

LOCATION SURVEILLANCE

Sponsors


Roll Calls

2014-05-30 - Senate - Concurrence in Senate (Y: 57 N: 0 NV: 2 Abs: 0) [PASS]
2014-05-19 - House - Third Reading in House (Y: 111 N: 0 NV: 0 Abs: 1) [PASS]
2014-04-08 - Senate - Third Reading in Senate (Y: 52 N: 0 NV: 7 Abs: 0) [PASS]

History

DateChamberAction
2014-08-26SenatePublic Act . . . . . . . . . 98-1104
2014-08-26SenateEffective Date August 26, 2014
2014-08-26SenateGovernor Approved
2014-06-27SenateSent to the Governor
2014-05-30SenatePassed Both Houses
2014-05-30SenateHouse Committee Amendment No. 1 Senate Concurs 057-000-000
2014-05-27SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 007-000-000
2014-05-26SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law
2014-05-20SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
2014-05-20SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Daniel Biss
2014-05-20SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 21, 2014
2014-05-20SenateSecretary's Desk - Concurrence House Amendment(s) 1
2014-05-19HouseThird Reading - Short Debate - Passed 111-000-000
2014-05-15HouseAdded Alternate Chief Co-Sponsor Rep. Robyn Gabel
2014-05-14HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Wheeler
2014-05-14HouseAdded Alternate Chief Co-Sponsor Rep. Thomas Morrison
2014-05-13HousePlaced on Calendar Order of 3rd Reading - Short Debate
2014-05-13HouseSecond Reading - Short Debate
2014-05-09HouseAdded Alternate Chief Co-Sponsor Rep. David Harris
2014-05-07HousePlaced on Calendar 2nd Reading - Short Debate
2014-05-07HouseDo Pass as Amended / Short Debate Judiciary; 015-000-000
2014-05-07HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
2014-05-05HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
2014-04-30HouseHouse Committee Amendment No. 1 Referred to Rules Committee
2014-04-30HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Ann Williams
2014-04-28HouseAssigned to Judiciary
2014-04-09HouseReferred to Rules Committee
2014-04-09HouseFirst Reading
2014-04-09HouseChief House Sponsor Rep. Ann Williams
2014-04-09HouseArrived in House
2014-04-08SenateThird Reading - Passed; 052-000-000
2014-04-08SenateAdded as Co-Sponsor Sen. William R. Haine
2014-04-08SenateAdded as Chief Co-Sponsor Sen. Chapin Rose
2014-04-08SenateAdded as Chief Co-Sponsor Sen. Michael Connelly
2014-04-08SenatePlaced on Calendar Order of 3rd Reading
2014-04-08SenateSenate Floor Amendment No. 1 Adopted; Biss
2014-04-08SenateRecalled to Second Reading
2014-04-08SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 008-000-000
2014-04-07SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
2014-04-01SenateSenate Floor Amendment No. 1 Referred to Assignments
2014-04-01SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Daniel Biss
2014-02-20SenatePlaced on Calendar Order of 3rd Reading February 25, 2014
2014-02-20SenateSecond Reading
2014-02-19SenatePlaced on Calendar Order of 2nd Reading February 20, 2014
2014-02-19SenateDo Pass Criminal Law; 010-000-000
2014-02-11SenateAssigned to Criminal Law
2014-01-30SenateReferred to Assignments
2014-01-30SenateFirst Reading
2014-01-30SenateFiled with Secretary by Sen. Daniel Biss

Illinois State Sources


Bill Comments

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