Bill Text: IL SB1586 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Creates the Illinois Freedom from Tracking Device Surveillance Act. Provides that a law enforcement agency may not use a tracking device to gather evidence or other information about the location of a person or his or her property, except that a law enforcement agency may use a tracking device to gather evidence or other information about the location of a person or his or her property only if the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a tracking device. Provides that evidence obtained or collected in violation of these provisions is not admissible as evidence in any criminal, civil, administrative, or other proceeding. Provides that if during any calendar year a law enforcement agency obtains a tracking device warrant, then on the following April 1 it shall report in writing to the Illinois Criminal Justice Information Authority the number of times that it did so. Provides that 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 obtained a tracking device warrant during the prior calendar year, and for each of those agencies, the number of tracking device warrants.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1586 Detail]
Download: Illinois-2013-SB1586-Amended.html
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1 | AMENDMENT TO SENATE BILL 1586
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2 | AMENDMENT NO. ______. Amend Senate Bill 1586 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Freedom From GPS Surveillance Act.
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6 | Section 5. Definitions.
For the purpose of this Act: | ||||||
7 | "GPS device" means any device which uses the Global | ||||||
8 | Positioning System to locate or track the movements of a person | ||||||
9 | or object. | ||||||
10 | "GPS location information" means information about the | ||||||
11 | location or movements of a person or object derived from a GPS | ||||||
12 | device. | ||||||
13 | "GPS service provider" means a provider of locational, | ||||||
14 | mapping, or directional services by means of a GPS device. | ||||||
15 | "Law enforcement agent" means any law enforcement officer | ||||||
16 | of an agency of the State or political subdivision of the State |
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1 | who is vested by law with the duty to maintain public order or | ||||||
2 | enforce criminal laws.
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3 | Section 10. Warrant. Except as provided in Section 15, a | ||||||
4 | law enforcement agent may not obtain GPS location information | ||||||
5 | without either: | ||||||
6 | (1) a search warrant based on probable cause, issued for | ||||||
7 | renewable periods of up to 30 days; or | ||||||
8 | (2) an arrest warrant issued under Section 107-9 of the | ||||||
9 | Code of Criminal Procedure of 1963.
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10 | Section 15. Exceptions.
Notwithstanding any other | ||||||
11 | provisions of this Act, any law enforcement agent may obtain | ||||||
12 | GPS location information: | ||||||
13 | (1) to respond to a call for emergency services from the | ||||||
14 | user of the GPS device concerned;
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15 | (2) with the express consent of the subscriber or user of | ||||||
16 | the GPS device concerned; or | ||||||
17 | (3) when a law enforcement agent reasonably believes that | ||||||
18 | obtaining GPS location information without delay is necessary | ||||||
19 | to protect a person in an emergency situation involving a clear | ||||||
20 | and present danger of imminent death or great bodily harm, and | ||||||
21 | the
application to the GPS service provider for GPS location | ||||||
22 | information is narrowly tailored to address this danger, | ||||||
23 | subject to the following limitations: | ||||||
24 | (A) The application shall document the factual basis |
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1 | for believing that this danger requires obtaining the GPS | ||||||
2 | information without delay. | ||||||
3 | (B) The lead law enforcement agency involved in the | ||||||
4 | investigation shall retain the application for a minimum of | ||||||
5 | 2 years, and shall provide it to the State's Attorney in | ||||||
6 | the county in which the lead agency is located within 48 | ||||||
7 | hours of the time that the lead agency obtains access to | ||||||
8 | GPS location information under this paragraph (3). | ||||||
9 | (C)
Subsequent or ongoing use of GPS location | ||||||
10 | information as described in this paragraph (3) beyond a | ||||||
11 | 48-hour time span requires a warrant. If the application | ||||||
12 | for the warrant is denied, the GPS location information | ||||||
13 | shall not be admissible as evidence in a court of law, | ||||||
14 | unless the state can prove the evidence obtained would | ||||||
15 | inevitably have been discovered by lawful means as part of | ||||||
16 | the ongoing investigation.
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17 | Section 20. Admissibility. Compliance with the provisions | ||||||
18 | of this Act is a prerequisite to the admissibility into | ||||||
19 | evidence of any GPS location information, but nothing in this | ||||||
20 | Act shall be deemed to prevent a court from otherwise excluding | ||||||
21 | the evidence on any other ground, nor shall anything in this | ||||||
22 | Section be deemed to prevent a court from independently | ||||||
23 | reviewing the admissibility of the evidence for compliance with | ||||||
24 | the Fourth Amendment to the United States Constitution or with | ||||||
25 | Article I, Section 6 of the Illinois Constitution.".
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