Public Act 103-0300
 
HB2245 EnrolledLRB103 25366 HEP 51711 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Illinois Vehicle Code is amended  by adding 
Sections 4-110 and 4-111 as follows:
 
    (625 ILCS 5/4-110 new)
    Sec. 4-110. Stolen vehicle recovery hotline. In a county 
having a population of 3,000,000 or more, the county sheriff 
shall establish with other law enforcement agencies a vehicle 
theft hotline to facilitate interaction with vehicle 
manufacturers and vehicle location vendors consistent with the 
Freedom From Location Surveillance Act. The county sheriff 
shall collaborate with vehicle manufacturers, dealers, and 
vehicle location vendors to provide information and assistance 
to law enforcement officers in the investigation of a 
vehicular hijacking or kidnapping incident and ensure that 
consumers are provided with information concerning the 
hotline, new or used vehicles manufactured with stolen vehicle 
locator capabilities, and how consumers can activate stolen 
vehicle locator services by publishing the information in a 
conspicuous location on the county sheriff's website.
 
    (625 ILCS 5/4-111 new)
    Sec. 4-111. Manufacturer's vehicle incident hotline; law 
enforcement verification; manufacturer statements.
    (a) Unless the manufacturer or its vehicle location vendor 
operates an existing vehicle location service line, a 
manufacturer of any vehicle sold in this State shall maintain 
a telephone number that is staffed and available to State, 
county, and local law enforcement agencies and their 
respective 9-1-1 system call centers or designated dispatch 
centers 24 hours a day, 7 days a week to assist law enforcement 
with locating vehicles in the investigation of vehicles stolen 
in vehicular hijacking incidents or that have been used in the 
commission of a kidnapping. The
hotline for the manufacturer 
or
the manufacturer's vehicle location vendor shall relay 
vehicle
location information, including real-time vehicle 
location
information whenever reasonably possible, to the 
9-1-1 call center or
designated dispatch center or sworn law 
enforcement personnel for any of the responding law 
enforcement agencies, to
the best of the manufacturer's or 
vehicle location vendor's technical capability when:
        (1)     a warrant or other court order has been issued 
    relating to the vehicle's location information and 
    provided to the manufacturer or the vehicle location 
    vendor; or
        (2)     the vehicle owner lawfully consents to the vehicle 
    location information being shared with the 9-1-1 call 
    center or designated dispatch center and responding law 
    enforcement officials; or
        (3)     the 9-1-1 call center or designated dispatch 
    center or responding law enforcement officials:
            (A)        provides adequate verification to the

        manufacturer or the vehicle location vendor, of their

        identity as law enforcement and the identity of the 
        responding law enforcement official; and
            (B)       the responding law enforcement officials shall 
        certify to the manufacturer or the vehicle
                                        location 
        vendor, that the situation involves a clear
                                        and 
        present danger of death or great bodily harm to
                                        
        persons resulting from the vehicular hijacking or
                                        
        kidnapping incident.
    (b)    State, county, and local law enforcement agencies 
shall use their respective 9-1-1 system call centers or 
designated dispatch centers for the purpose of verification of 
law enforcement officers' identities and bona fide incident 
report numbers related to incidents.
    (c)     If a vehicle is equipped with functioning vehicle 
location tracking capability, but the capability is not 
currently activated, the manufacturer or the vehicle location 
vendor shall waive all fees associated with initiating, 
renewing, reestablishing, or maintaining the vehicle location 
service the vehicle is equipped with during the investigation 
of the vehicle being stolen in a vehicular hijacking incident 
or being used in the commission of kidnapping incident when 
law enforcement has confirmed that the situation involves a 
clear and present danger of death or great bodily harm to 
persons as described in paragraph (3) of subsection  (a) and 
requires disclosure of vehicle location information without 
delay.
    (d)   A vehicle manufacturer or a subsidiary, vendor, 
employee, officer, director, representative, or contractor of 
the vehicle manufacturer shall not be liable and no cause of 
action shall arise under the laws of this State for providing, 
or in good faith attempting to provide, information or 
assistance to a law enforcement agency, 9-1-1 call center, or 
designated dispatch center pursuant to the mechanisms and 
processes established under this Section.


 
    Section 10. The Freedom From Location Surveillance Act is 
amended by changing Section 15 as follows:
 
    (725 ILCS 168/15)
    Sec. 15. Exceptions.  This Act does not prohibit a law 
enforcement agency from seeking to obtain location 
information:
        (1) to respond to a call for emergency services 
    concerning the user or possessor of an electronic device;
        (2) with the lawful consent of the owner of the 
    electronic device or person in actual or constructive 
    possession of the item being tracked by the electronic 
    device;
        (3) to lawfully obtain location information broadly 
    available to the general public without a court order when 
    the location information is posted on a social networking 
    website, or is metadata attached to images and video, or 
    to determine the location of an Internet Protocol (IP) 
    address through a publicly available service;
        (4) to obtain location information generated by an 
    electronic device used as a condition of release from a 
    penal institution,  as a condition of pre-trial release, 
    probation, conditional discharge, parole, mandatory 
    supervised release, or other sentencing order, or to 
    monitor an individual released under the Sexually Violent 
    Persons Commitment Act or the Sexually Dangerous Persons 
    Act;
        (5) to aid in the location of a missing person;


        (6) in emergencies as follows:
            (A) Notwithstanding any other provisions of this 
        Act, any investigative or law enforcement officer may 
        seek to obtain location information in an emergency 
        situation as defined in this paragraph (6). This 
        paragraph (6) applies only when there was no previous 
        notice of the emergency to the investigative or law 
        enforcement officer sufficient to obtain prior 
        judicial approval, and the officer reasonably believes 
        that an order permitting the obtaining of location 
        information would issue were there prior judicial 
        review.  An emergency situation exists when:
                (i) the use of the electronic device is 
            necessary for the protection of the investigative 
            or law enforcement officer or a person acting at 
            the direction of law enforcement; or
                (ii) the situation involves:
                    (aa) a clear and present danger of 
                imminent death or great bodily harm to persons 
                resulting from:
                        (I) the use of force or the threat of 
                    the imminent use of force,
                        (II) a kidnapping or the holding of a 
                    hostage by force or the threat of the 
                    imminent use of force, or
                        (III) the occupation by force or the 
                    threat of the imminent use of force of any 
                    premises, place, vehicle, vessel, or 
                    aircraft; 
                    (bb) an abduction investigation;
                    (cc) conspiratorial activities 
                characteristic of organized crime;
                    (dd) an immediate threat to national 
                security interest;
                    (ee) an ongoing attack on a computer 
                comprising a felony;or
                    (ff) escape under Section 31-6 of the 
                Criminal Code of 2012; or .
                    (gg) vehicular hijacking. 
            (B) In all emergency cases, an application for an 
        order approving the previous or continuing obtaining 
        of location information must be made within 72 hours 
        of its commencement. In the absence of the order, or 
        upon its denial, any continuing obtaining of location 
        information gathering shall immediately terminate. In 
        order to approve obtaining location information, the 
        judge must make a determination (i) that he or she 
        would have granted an order had the information been 
        before the court prior to the obtaining of the 
        location information and (ii) there was an emergency 
        situation as defined in this paragraph (6).
            (C)  In the event that an application for approval 
        under this paragraph (6) is denied, the location 
        information obtained under this exception shall be 
        inadmissible in accordance with Section 20 of this 
        Act; or


        (7) to obtain location information relating to an 
    electronic device used to track a vehicle or an effect 
    which is owned or leased by that law enforcement agency.

(Source: P.A. 101-460, eff. 8-23-19.)