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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: | ||||
(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.) | ||
(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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