State of Illinois
2019 and 2020


Introduced , by Rep. Ann M. Williams


725 ILCS 168/5
725 ILCS 168/10
725 ILCS 168/15
725 ILCS 168/20
725 ILCS 168/25
725 ILCS 168/30

    Amends the Freedom From Location Surveillance Act. Provides that "electronic device" means any device that enables access to, or use of an electronic communication service that provides the ability to send or receive wire or electronic communications, including wireless communications connecting the device to a telephone network. Modifies the definition of "location information" to include information concerning the location of an electronic device that, in whole or in part, is generated by or derived from the possession of the device (rather than only operation of the device). Provides that a law enforcement agency shall not obtain location information (rather than current or future location information) pertaining to a person or his or her effects without first obtaining a court order under the Code of Criminal Procedure of 1963 based on probable cause. Provides that the Act does not apply to a law enforcement agency obtaining basic subscriber information from a service provider under a valid court order or search warrant (removes subpoena). Makes other changes. Effective immediately.

LRB101 09879 SLF 54981 b





HB2134LRB101 09879 SLF 54981 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Freedom From Location Surveillance Act is
5amended by changing Sections 5, 10, 15, 20, 25, and 30 as
7    (725 ILCS 168/5)
8    Sec. 5. Definitions. For the purpose of this Act:
9    "Basic subscriber information" means name, address, local
10and long distance telephone connection records or records of
11session time and durations; length of services, including start
12dates, and types of services utilized; telephone or instrument
13number or other subscriber number or identity, including any
14temporarily assigned network address; and the means and source
15of payment for the service, including the credit card or bank
16account number.
17    "Electronic device" means any device that enables access
18to, or use of:
19        (1) an electronic communication service that provides
20    the ability to send or receive wire or electronic
21    communications, including wireless communications
22    connecting the device to a telephone network;
23        (2) a remote computing service that provides computer



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1    storage or processing services by means of an electronic
2    communications system; or
3        (3) a location information service such as a global
4    positioning service or other mapping, locational, or
5    directional information service.
6    "Electronic device" does not mean devices used by a
7governmental agency or by a company operating under a contract
8with a governmental agency for toll collection, traffic
9enforcement, or license plate reading.
10    "Law enforcement agency" means any agency of this State or
11a political subdivision of this State which is vested by law
12with the duty to maintain public order or enforce criminal
14    "Location information" means any information concerning
15the location of an electronic device that, in whole or in part,
16is generated by or derived from the operation or possession of
17that device.
18    "Social networking website" has the same meaning ascribed
19to the term in subsection (b) of Section 10 of the Right to
20Privacy in the Workplace Act.
21(Source: P.A. 98-1104, eff. 8-26-14; 99-610, eff. 1-1-17.)
22    (725 ILCS 168/10)
23    Sec. 10. Court authorization. Except as provided in
24Section 15, a law enforcement agency shall not obtain current
25or future location information pertaining to a person or his or



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1her effects without first obtaining a court order under Section
2108-4 of the Code of Criminal Procedure of 1963 based on
3probable cause to believe that the person whose location
4information is sought has committed, is committing, or is about
5to commit a crime or the effect is evidence of a crime, or if
6the location information is authorized under an arrest warrant
7issued under Section 107-9 of the Code of Criminal Procedure of
81963 to aid in the apprehension or the arrest of the person
9named in the arrest warrant. An order issued under a finding of
10probable cause under this Section must be limited to a period
11of 60 days, renewable by the judge upon a showing of good cause
12for subsequent periods of 60 days. A court may grant a law
13enforcement entity's request to obtain current or future
14location information under this Section through testimony made
15by electronic means using a simultaneous video and audio
16transmission between the requestor and a judge, based on sworn
17testimony communicated in the transmission. The entity making
18the request, and the court authorizing the request shall follow
19the procedure under subsection (c) of Section 108-4 of the Code
20of Criminal Procedure of 1963 which authorizes the electronic
21issuance of search warrants.
22(Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17.)
23    (725 ILCS 168/15)
24    Sec. 15. Exceptions. This Act does not prohibit a law
25enforcement agency from seeking to obtain current or future



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1location information:
2        (1) to respond to a call for emergency services
3    concerning the user or possessor of an electronic device;
4        (2) with the lawful consent of the owner of the
5    electronic device or person in actual or constructive
6    possession of the item being tracked by the electronic
7    device;
8        (3) to lawfully obtain location information broadly
9    available to the general public without a court order when
10    the location information is posted on a social networking
11    website, or is metadata attached to images and video, or to
12    determine the location of an Internet Protocol (IP) address
13    through a publicly available service;
14        (4) to obtain location information generated by an
15    electronic device used as a condition of release from a
16    penal institution, as a condition of pre-trial release,
17    probation, conditional discharge, parole, mandatory
18    supervised release, or other sentencing order, or to
19    monitor an individual released under the Sexually Violent
20    Persons Commitment Act or the Sexually Dangerous Persons
21    Act;
22        (5) to aid in the location of a missing person;
23        (6) in emergencies as follows:
24            (A) Notwithstanding any other provisions of this
25        Act, any investigative or law enforcement officer may
26        seek to obtain location information in an emergency



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1        situation as defined in this paragraph (6). This
2        paragraph (6) applies only when there was no previous
3        notice of the emergency to the investigative or law
4        enforcement officer sufficient to obtain prior
5        judicial approval, and the officer reasonably believes
6        that an order permitting the obtaining of location
7        information would issue were there prior judicial
8        review. An emergency situation exists when:
9                (i) the use of the electronic device is
10            necessary for the protection of the investigative
11            or law enforcement officer or a person acting at
12            the direction of law enforcement; or
13                (ii) the situation involves:
14                    (aa) a clear and present danger of
15                imminent death or great bodily harm to persons
16                resulting from:
17                        (I) the use of force or the threat of
18                    the imminent use of force,
19                        (II) a kidnapping or the holding of a
20                    hostage by force or the threat of the
21                    imminent use of force, or
22                        (III) the occupation by force or the
23                    threat of the imminent use of force of any
24                    premises, place, vehicle, vessel, or
25                    aircraft;
26                    (bb) an abduction investigation;



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1                    (cc) conspiratorial activities
2                characteristic of organized crime;
3                    (dd) an immediate threat to national
4                security interest;
5                    (ee) an ongoing attack on a computer
6                comprising a felony; or
7                    (ff) escape under Section 31-6 of the
8                Criminal Code of 2012.
9            (B) In all emergency cases, an application for an
10        order approving the previous or continuing obtaining
11        of location information must be made within 72 hours of
12        its commencement. In the absence of the order, or upon
13        its denial, any continuing obtaining of location
14        information gathering shall immediately terminate. In
15        order to approve obtaining location information, the
16        judge must make a determination (i) that he or she
17        would have granted an order had the information been
18        before the court prior to the obtaining of the location
19        information and (ii) there was an emergency situation
20        as defined in this paragraph (6).
21            (C) In the event that an application for approval
22        under this paragraph (6) is denied, the location
23        information obtained under this exception shall be
24        inadmissible in accordance with Section 20 of this Act;
25        or
26        (7) to obtain location information relating to an



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1    electronic device used to track a vehicle or an effect
2    which is owned or leased by that law enforcement agency.
3(Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17.)
4    (725 ILCS 168/20)
5    Sec. 20. Admissibility. If the court finds by a
6preponderance of the evidence that a law enforcement agency
7obtained current or future location information pertaining to a
8person or his or her effects in violation of Section 10 or 15
9of this Act, then the information shall be presumed to be
10inadmissible in any judicial or administrative proceeding. The
11State may overcome this presumption by proving the
12applicability of a judicially recognized exception to the
13exclusionary rule of the Fourth Amendment to the United States
14Constitution or Article I, Section 6 of the Illinois
15Constitution, or by a preponderance of the evidence that the
16law enforcement officer was acting in good faith and reasonably
17believed that one or more of the exceptions identified in
18Section 15 existed at the time the location information was
20(Source: P.A. 98-1104, eff. 8-26-14.)
21    (725 ILCS 168/25)
22    Sec. 25. Providing location information to a law
23enforcement agency not required. Nothing in this Act shall be
24construed to require a person to provide current or future



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1location information to a law enforcement agency under Section
3(Source: P.A. 98-1104, eff. 8-26-14.)
4    (725 ILCS 168/30)
5    Sec. 30. Inapplicability. This Act does not apply to a law
6enforcement agency obtaining basic subscriber information from
7a service provider under a valid subpoena, court order, or
8search warrant.
9(Source: P.A. 98-1104, eff. 8-26-14.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.