Bill Text: IL SB2562 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Freedom from Drone Surveillance Act. Provides an exemption to the Act for a law enforcement agency that is using a drone to prepare for or monitor safety and security at a large-scale event, if drone usage is limited to legitimate public safety purposes, including, but not limited to, evaluating crowd size, density, or movement, assessing public safety vulnerabilities or weaknesses, determining appropriate staffing levels for law enforcement or other public safety personnel, or identifying possible criminal activity. Defines "large-scale event". Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 18-5)

Status: (Failed) 2019-01-09 - Session Sine Die [SB2562 Detail]

Download: Illinois-2017-SB2562-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom from Drone Surveillance Act is
amended by changing Section 15 and 35 as follows:
(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
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

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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, 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 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.

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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) If a law enforcement agency is using a drone to
prepare for or monitor safety and security at a large-scale
event, if drone usage is limited to legitimate public
safety purposes, including, but not limited to, evaluating
crowd size, density, or movement; assessing public safety
vulnerabilities or weaknesses; determining appropriate
staffing levels for law enforcement or other public safety
personnel; or identifying possible criminal activity. In
this paragraph (7), "large-scale event" means a publicly or
privately held event reasonably estimated, at the
inception of the event, to be attended by more than 100
persons at a sports or entertainment arena, stadium,
convention hall, special event center, amusement facility,
a special event area licensed or permitted for use under
the authority of a unit of local government, or an event

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open to the public that takes place on a public way or
government-owned property. A law enforcement agency that
uses a drone under this paragraph (7) shall not equip the
drone with tear gas canisters, stun gun technology, or any
other dangerous or deadly weapon or fire a projectile from
a drone. In this paragraph (7), "dangerous or deadly
weapon" means any firearm, or other weapon, device,
instrument, material, or substance, whether animate or
inanimate, which in the manner it is used or is intended to
be used is known to be capable of producing death or
serious bodily injury.
(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)
(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
following:
(1) the number of drones that the law enforcement
agency it owns; and
(2) the number of times in the previous year that the
law enforcement agency has deployed a drone under each of
the exceptions under Section 15 of this Act, including the
exception used, the date of the deployment, and location of
the deployment.

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(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.
(Source: P.A. 98-569, eff. 1-1-14.)