Bill Text: IL SB2937 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Freedom from Drone Surveillance Act. Provides that except as provided in the Act, a law enforcement agency may not acquire information from or direct the acquisition of information through the use of a drone owned by a private third party. Provides that in the event that law enforcement acquires information from or directs the acquisition of information through the use of a privately owned drone under the Act, any information so acquired is subject to the retention and disclosure requirements of the Act. Provides that nothing in the Act prohibits private third parties from voluntarily submitting information acquired by a privately owned drone to law enforcement. Provides that in the event that law enforcement acquires information from the voluntary submission of that information whether under a request or on a private drone owner's initiative, the information is subject to the retention and disclosure requirements of the Act.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0831 [SB2937 Detail]
Download: Illinois-2013-SB2937-Chaptered.html
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| Public Act 098-0831 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Freedom from Drone Surveillance Act is | ||||
amended by changing Section 15 and by adding Section 40 as | ||||
follows:
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(725 ILCS 167/15)
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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 | ||
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.
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(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. | ||
(Source: P.A. 98-569, eff. 1-1-14.)
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(725 ILCS 167/40 new) | ||
Sec. 40. Law enforcement use of private drones. | ||
(a) Except as provided in Section 15, a law enforcement | ||
agency may not acquire information from or direct the | ||
acquisition of information through the use of a drone owned by | ||
a private third party. In the event that law enforcement | ||
acquires information from or directs the acquisition of | ||
information through the use of a privately owned drone under | ||
Section 15 of this Act, any information so acquired is subject | ||
to Sections 20 and 25 of this Act. | ||
(b) Nothing in this Act prohibits private third parties | ||
from voluntarily submitting information acquired by a | ||
privately owned drone to law enforcement. In the event that law | ||
enforcement acquires information from the voluntary submission | ||
of that information, whether under a request or on a private | ||
drone owner's initiative, the information is subject to | ||
Sections 20 and 25 of this Act.
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