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| Public Act 098-0569 | ||||
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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 1. Short title. This Act may be cited as the | ||||
Freedom from Drone Surveillance Act. | ||||
Section 5. Definitions. As used in this Act: | ||||
"Authority" means the Illinois Criminal Justice | ||||
Information Authority. | ||||
"Drone" means any aerial vehicle that does not carry a | ||||
human operator. | ||||
"Information" means any evidence, images, sounds, data, or | ||||
other information gathered by a drone. | ||||
"Law enforcement agency" means any agency of this State or | ||||
a political subdivision of this State which is vested by law | ||||
with the duty to maintain public order and to enforce criminal | ||||
laws.
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Section 10. Prohibited use of drones. Except as provided | ||||
in Section 15, a law enforcement agency may not use a drone to | ||||
gather information. | ||||
Section 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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Section 20. Information retention. If a law enforcement | ||
agency uses a drone under Section 15 of this Act, the agency | ||
within 30 days shall destroy all information gathered by the | ||
drone, except that a supervisor at that agency may retain | ||
particular information if: | ||
(1) there is reasonable suspicion that the information | ||
contains evidence of criminal activity, or | ||
(2) the information is relevant to an ongoing investigation | ||
or pending criminal trial.
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Section 25. Information disclosure. If a law enforcement | ||
agency uses a drone under Section 15 of this Act, the agency | ||
shall not disclose any information gathered by the drone, | ||
except that a supervisor of that agency may disclose particular | ||
information to another government agency, if (1) there is | ||
reasonable suspicion that the information contains evidence of | ||
criminal activity, or (2) the information is relevant to an | ||
ongoing investigation or pending criminal trial. | ||
Section 30. Admissibility. If the court finds by a | ||
preponderance of the evidence that a law enforcement agency | ||
used a drone to gather information in violation of the | ||
information gathering limits in Sections 10 and 15 of this Act, | ||
then the information shall be presumed to be inadmissible in | ||
any judicial or administrative proceeding. The State may | ||
overcome this presumption by proving the applicability of a | ||
judicially recognized exception to the exclusionary rule of the | ||
Fourth Amendment to the U.S. Constitution or Article I, Section | ||
6 of the Illinois Constitution to the information. Nothing in | ||
this Act shall be deemed to prevent a court from independently | ||
reviewing the admissibility of the information for compliance | ||
with the aforementioned provisions of the U.S. and Illinois | ||
Constitutions. | ||
Section 35. Reporting.
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(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 | ||
number of drones that it owns. | ||
(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.
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