Bill Text: IL SB0107 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board may investigate complaints concerning drone use by a law enforcement agency. Provides that if a pattern of willful and wanton violations is confirmed, the law enforcement agency shall take actions to prevent future violations through specified means. Provides that if the agency fails to take actions to address the violations and prevent future violations from occurring, then the Board may restrict the agency's ability to use its drones for a period not to exceed 3 months per incident. Amends the Freedom from Drone Surveillance Act. Changes the name of the Act to the Drones as First Responders Act. Defines "permitted special event". Adds various exemptions allowing the use of drones. Permits records of drone usage, including flight path data, metadata, or telemetry information of specific flights, to be disclosed subject to the Freedom of Information Act and rules adopted under that Act. Provides that the information relating to infrastructure inspections conducted at the request of a local governmental agency may be disclosed to that local governmental agency or, in the case of traffic and parking evaluations conducted at school, it may also be disclosed to the school or any engineering staff involved in the process. Provides that nothing in the 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. Changes drone usage reporting requirements of law enforcement agencies to the Illinois Criminal Justice Information Authority. Makes other changes, and amends the School Code to make conforming changes. Provides that a drone may not be used over a school unless the parents are notified by a principal or administrator prior to the use of the drone.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced) 2023-05-19 - Added as Co-Sponsor Sen. Christopher Belt [SB0107 Detail]

Download: Illinois-2023-SB0107-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0107 Introduced 1/24/2023, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board may investigate complaints concerning drone use by a law enforcement agency. Provides that if a pattern of willful and wanton violations is confirmed, the law enforcement agency shall take actions to prevent future violations through specified means. Provides that if the agency fails to take actions to address the violations and prevent future violations from occurring, then the Board may restrict the agency's ability to use its drones for a period not to exceed 3 months per incident. Amends the Freedom from Drone Surveillance Act. Changes the name of the Act to the Drones as First Responders Act. Defines "permitted special event". Adds various exemptions allowing the use of drones. Permits records of drone usage, including flight path data, metadata, or telemetry information of specific flights, to be disclosed subject to the Freedom of Information Act and rules adopted under that Act. Provides that the information relating to infrastructure inspections conducted at the request of a local governmental agency may be disclosed to that local governmental agency or, in the case of traffic and parking evaluations conducted at school, it may also be disclosed to the school or any engineering staff involved in the process. Provides that nothing in the 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. Changes drone usage reporting requirements of law enforcement agencies to the Illinois Criminal Justice Information Authority. Makes other changes, and amends the School Code to make conforming changes. Provides that a drone may not be used over a school unless the parents are notified by a principal or administrator prior to the use of the drone.
LRB103 24892 RLC 51226 b
A BILL FOR
SB0107 LRB103 24892 RLC 51226 b
AN ACT concerning drones.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Police Training Act is amended by
adding Section 8.5 as follows:
(50 ILCS 705/8.5 new)
Sec. 8.5. Illinois Law Enforcement Training Standards
Board; violations of the Drones as First Responders Act. The
Board may investigate complaints of violations of the Drones
as First Responders Act, if the images, photos, or video, are
being maintained in accordance with Section 20 of the Drones
as First Responders Act. If a pattern of willful and wanton
violations is confirmed, the law enforcement agency shall take
actions to prevent future violations through any of the
following means: training, discipline, removal of the pilot
from its drone program, or other means that will prevent
repeated violations. If the agency fails to take actions to
address the violations and prevent future violations from
occurring, then the Board may restrict the agency's ability to
use its drones for a period not to exceed 3 months per
incident.
Section 10. The School Code is amended by adding Sections

SB0107 - 2 - LRB103 24892 RLC 51226 b
10-27.1C and 34-240 as follows:
(105 ILCS 5/10-27.1C new)
Sec. 10-27.1C. Use of drone; notice to parents. A law
enforcement agency may use a drone for the purpose of
evaluating traffic flow and parking around the school. The
drone may not be used by the law enforcement agency unless the
school board first authorizes the law enforcement agency to
use a drone over the school. The school board may authorize the
use of a drone at the annual review conducted under Section 25
of the School Safety Drill Act or through a separate board
action. A drone may not be used over a school unless the
parents are notified by a principal or administrator prior to
the use of the drone. Nothing in this Section shall be
construed to prohibit a law enforcement agency from using a
drone in accordance with the Drones as First Responders Act.
In this Section, "drone" and "law enforcement agency" have
the meanings provided for those terms in Section 5 of the
Drones as First Responders Act.
(105 ILCS 5/34-240 new)
Sec. 34-240. Use of drones; notice to parents. A law
enforcement agency may use a drone for the purpose of
evaluating traffic flow and parking around the school. The
drone may not be used by the law enforcement agency unless the
school board first authorizes the law enforcement agency to

SB0107 - 3 - LRB103 24892 RLC 51226 b
use a drone over the school. The school board may authorize the
use of a drone at the annual review conducted under Section 25
of the School Safety Drill Act or through a separate board
action. A drone may not be used over a school unless the
parents are notified by a principal or administrator prior to
the use of the drone. Nothing in this Section shall be
construed to prohibit a law enforcement agency from using a
drone in accordance with the Drones as First Responders Act.
In this Section, "drone" and "law enforcement agency" have
the meanings provided for those terms in Section 5 of the
Drones as First Responders Act.
Section 15. The Freedom from Drone Surveillance Act is
amended by changing Sections 1, 5, 15, 20, 25, and 35 and by
adding Section 17 as follows:
(725 ILCS 167/1)
Sec. 1. Short title. This Act may be cited as the Drones as
First Responders Freedom from Drone Surveillance Act.
(Source: P.A. 98-569, eff. 1-1-14.)
(725 ILCS 167/5)
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

SB0107 - 4 - LRB103 24892 RLC 51226 b
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.
"Permitted special event" means a nonroutine activity:
(1) for which a permit has been issued by the
responsible governmental agency, including, but not
limited to, the State of Illinois or a county,
municipality, township, park district, or other unit of
local government; and
(2) that is either open to the public or for which the
organizer has consented to the use of a drone.
(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

SB0107 - 5 - LRB103 24892 RLC 51226 b
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 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

SB0107 - 6 - LRB103 24892 RLC 51226 b
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.
(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

SB0107 - 7 - LRB103 24892 RLC 51226 b
a local governmental agency or to conduct an evaluation of
traffic flow around a school in order to assist the
school, law enforcement agency, and engineering staff to
determine the optimal flow of traffic and parking around
the school. The school evaluation shall be preplanned and
limited to the immediate roadway and parking areas at and
adjacent to the school. The school board or the board's
designee must authorize the use of the drone for this
purpose and, when feasible, shall notify parents ahead of
time that this evaluation is planned.
(8) To demonstrate the capabilities and functionality
of a police drone for public relations purposes, provided
that no information is recorded by the drone during such a
demonstration.
(9) In response to Public Safety Answering Point
(PSAP) dispatched calls for service, when the primary
purpose for using a drone is to locate victims, or to
coordinate the response of emergency vehicles and
personnel to an emergency.
(10) To investigate a drone being used in violation of
Federal Aviation Administration rules that pertain to
safety, to include flying beyond visual line of sight,
interfering with the flight of manned aircraft, flying
over people, flying in Federal Aviation Administration
restricted areas (such as adjacent to or at airports or
areas that have a Federal Aviation Administration-issued

SB0107 - 8 - LRB103 24892 RLC 51226 b
Temporary Flight Restriction).
(11) If a law enforcement agency is using a drone at a
permitted special event or at a public event hosted by a
governmental unit in which a permit is not issued by the
governmental unit, such as a parade, street festival,
sporting event, or other similar event. The use of a drone
under this paragraph (11) requires that:
(A) signs are posted at major entry points to the
event that clearly communicate to the participants
that a drone may be used for the purpose of real-time
monitoring of participant safety; and
(B) the drone is flown in accordance with Federal
Aviation Administration safety regulations.
Under this exception (11), a law enforcement agency
may use the drone:
(i) in advance of an event before event
participants have begun to assemble to determine
appropriate access routes, staging areas, and traffic
routes; or
(ii) during the event to proactively support
public safety personnel by monitoring the event
footprint for the following in real time:
(I) to detect any breach of public event space
to include: unauthorized vehicles, interruptions
of parade routes, breaching event barricades, or
fencing;

SB0107 - 9 - LRB103 24892 RLC 51226 b
(II) to monitor crowd size and density in real
time;
(III) to provide real-time monitoring for
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.
(12) To conduct department-approved training for any
of the types of operations authorized by the preceding
exemptions, while complying with Section 20 of this Act.
(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, unless there is a
reasonable suspicion that a felony, as defined in Section 2-7
of the Criminal Code of 2012, is occurring or has just occurred
at that location or in the immediate vicinity; or the law
enforcement agency is attempting to locate a specific person
who it reasonably believes may cause great bodily harm to one

SB0107 - 10 - LRB103 24892 RLC 51226 b
or more persons at that location. Nothing in this Act prevents
a law enforcement agency from using captured images, photos,
or video from a drone at a later time to identify persons
involved in criminal activity, if the images, photos, or video
are being maintained in accordance with Section 20 of this
Act.
(725 ILCS 167/20)
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, within
the following time frames, all photos, videos, and images
gathered by the drone: information gathered by the drone,
except that a supervisor at that agency may retain particular
information if:
(1) for photos, videos, and images gathered pursuant
to paragraphs (1) through (11) of Section 15, within 30
days.
(2) for photos, videos, and images gathered pursuant
to paragraph (12) of Section 15, within 7 days.
(b) Notwithstanding subsection (a), a supervisor at a law
enforcement 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;

SB0107 - 11 - LRB103 24892 RLC 51226 b
(3) a supervisor at the agency deems that the
information will be used exclusively for training
purposes, provided that any such information shall not
contain any personally identifiable information;
(4) the information consists of flight path data,
metadata, or telemetry information of the drone;
(5) the information relates to infrastructure
inspections conducted at the request of a local
governmental agency or traffic and parking evaluations
conducted at a school; or
(6) the information was gathered during the
investigation of a drone being used in violation of
Federal Aviation Administration safety rules as stated in
paragraph (10) of Section 15.
(Source: P.A. 98-569, eff. 1-1-14.)
(725 ILCS 167/25)
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.

SB0107 - 12 - LRB103 24892 RLC 51226 b
(b) Records of drone usage, including flight path date,
metadata, or telemetry information of specific flights, may be
disclosed subject to the Freedom of Information Act and rules
adopted under that Act.
(c) Information relating to infrastructure inspections
conducted at the request of a local governmental agency may be
disclosed to that local governmental agency or in the case of
traffic and parking evaluations conducted at a school it may
also be disclosed to the school or any engineering staff
involved in the process.
(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)
Sec. 35. Reporting.
(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 paragraphs (3), (4), (5), (6), (7), (8), and
(9) 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

SB0107 - 13 - LRB103 24892 RLC 51226 b
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 paragraphs (3), (4), (5),
(6), (7), (8), and (9) 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.
(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.)
SB0107 - 14 - LRB103 24892 RLC 51226 b
INDEX
Statutes amended in order of appearance