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

Sen. Daniel Biss

Filed: 3/14/2013

09800SB1586sam001LRB098 08316 RLC 43009 a
1
AMENDMENT TO SENATE BILL 1586
2 AMENDMENT NO. ______. Amend Senate Bill 1586 by replacing
3everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5Freedom From GPS Surveillance Act.
6 Section 5. Definitions. For the purpose of this Act:
7 "GPS device" means any device which uses the Global
8Positioning System to locate or track the movements of a person
9or object.
10 "GPS location information" means information about the
11location or movements of a person or object derived from a GPS
12device.
13 "GPS service provider" means a provider of locational,
14mapping, or directional services by means of a GPS device.
15 "Law enforcement agent" means any law enforcement officer
16of an agency of the State or political subdivision of the State

09800SB1586sam001- 2 -LRB098 08316 RLC 43009 a
1who is vested by law with the duty to maintain public order or
2enforce criminal laws.
3 Section 10. Warrant. Except as provided in Section 15, a
4law enforcement agent may not obtain GPS location information
5without either:
6 (1) a search warrant based on probable cause, issued for
7renewable periods of up to 30 days; or
8 (2) an arrest warrant issued under Section 107-9 of the
9Code of Criminal Procedure of 1963.
10 Section 15. Exceptions. Notwithstanding any other
11provisions of this Act, any law enforcement agent may obtain
12GPS location information:
13 (1) to respond to a call for emergency services from the
14user of the GPS device concerned;
15 (2) with the express consent of the subscriber or user of
16the GPS device concerned; or
17 (3) when a law enforcement agent reasonably believes that
18obtaining GPS location information without delay is necessary
19to protect a person in an emergency situation involving a clear
20and present danger of imminent death or great bodily harm, and
21the application to the GPS service provider for GPS location
22information is narrowly tailored to address this danger,
23subject to the following limitations:
24 (A) The application shall document the factual basis

09800SB1586sam001- 3 -LRB098 08316 RLC 43009 a
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.
17 Section 20. Admissibility. Compliance with the provisions
18of this Act is a prerequisite to the admissibility into
19evidence of any GPS location information, but nothing in this
20Act shall be deemed to prevent a court from otherwise excluding
21the evidence on any other ground, nor shall anything in this
22Section be deemed to prevent a court from independently
23reviewing the admissibility of the evidence for compliance with
24the Fourth Amendment to the United States Constitution or with
25Article I, Section 6 of the Illinois Constitution.".
feedback