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| Public Act 099-0798 | ||||
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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 Location Surveillance Act is | ||||
amended by changing Sections 10 and 15 as follows: | ||||
(725 ILCS 168/10)
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Sec. 10. Court authorization. Except as provided in | ||||
Section 15, a law enforcement agency shall not obtain current | ||||
or future location information pertaining to a person or his or | ||||
her effects without first obtaining a court order under Section | ||||
108-4 of the Code of Criminal Procedure of 1963 based on | ||||
probable cause to believe that the person whose location | ||||
information is sought has committed, is committing, or is about | ||||
to commit a crime or the effect is evidence of a crime, or if | ||||
the location information is authorized under an arrest warrant | ||||
issued under Section 107-9 of the Code of Criminal Procedure of | ||||
1963 to aid in the apprehension or the arrest of the person | ||||
named in the arrest warrant. An order issued under a finding of | ||||
probable cause under this Section must be limited to a period | ||||
of 60 days, renewable by the judge upon a showing of good cause | ||||
for subsequent periods of 60 days. A court may grant a law | ||||
enforcement entity's request to obtain current or future | ||||
location information under this Section through testimony made | ||||
by electronic means using a simultaneous video and audio | ||
transmission between the requestor and a judge, based on sworn | ||
testimony communicated in the transmission. The entity making | ||
the request, and the court authorizing the request shall follow | ||
the procedure under subsection (c) of Section 108-4 of the Code | ||
of Criminal Procedure of 1963 which authorizes the electronic | ||
issuance of search warrants.
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(Source: P.A. 98-1104, eff. 8-26-14.) | ||
(725 ILCS 168/15)
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Sec. 15. Exceptions. This Act does not prohibit a law | ||
enforcement agency from seeking to obtain current or future | ||
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;
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(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) (I) 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) (II) an abduction investigation; | ||
(cc) (III) conspiratorial activities | ||
characteristic of organized crime; | ||
(dd) (IV) an immediate threat to national | ||
security interest; or | ||
(ee) (V) an ongoing attack on a computer | ||
comprising a felony; or . | ||
(ff) escape under Section 31-6 of the | ||
Criminal Code of 2012. | ||
(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
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(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.
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(Source: P.A. 98-1104, eff. 8-26-14.)
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