HB2134 EnrolledLRB101 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 10, 15, 20, and 25 as follows:
6    (725 ILCS 168/10)
7    Sec. 10. Court authorization. Except as provided in
8Section 15, a law enforcement agency shall not obtain current
9or future location information pertaining to a person or his or
10her effects without first obtaining a court order under Section
11108-4 of the Code of Criminal Procedure of 1963 based on
12probable cause to believe that the person whose location
13information is sought has committed, is committing, or is about
14to commit a crime or the effect is evidence of a crime, or if
15the location information is authorized under an arrest warrant
16issued under Section 107-9 of the Code of Criminal Procedure of
171963 to aid in the apprehension or the arrest of the person
18named in the arrest warrant. An order issued under a finding of
19probable cause under this Section must be limited to a period
20of 60 days, renewable by the judge upon a showing of good cause
21for subsequent periods of 60 days. A court may grant a law
22enforcement entity's request to obtain current or future
23location information under this Section through testimony made



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1by electronic means using a simultaneous video and audio
2transmission between the requestor and a judge, based on sworn
3testimony communicated in the transmission. The entity making
4the request, and the court authorizing the request shall follow
5the procedure under subsection (c) of Section 108-4 of the Code
6of Criminal Procedure of 1963 which authorizes the electronic
7issuance of search warrants.
8(Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17.)
9    (725 ILCS 168/15)
10    Sec. 15. Exceptions. This Act does not prohibit a law
11enforcement agency from seeking to obtain current or future
12location information:
13        (1) to respond to a call for emergency services
14    concerning the user or possessor of an electronic device;
15        (2) with the lawful consent of the owner of the
16    electronic device or person in actual or constructive
17    possession of the item being tracked by the electronic
18    device;
19        (3) to lawfully obtain location information broadly
20    available to the general public without a court order when
21    the location information is posted on a social networking
22    website, or is metadata attached to images and video, or to
23    determine the location of an Internet Protocol (IP) address
24    through a publicly available service;
25        (4) to obtain location information generated by an



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1    electronic device used as a condition of release from a
2    penal institution, as a condition of pre-trial release,
3    probation, conditional discharge, parole, mandatory
4    supervised release, or other sentencing order, or to
5    monitor an individual released under the Sexually Violent
6    Persons Commitment Act or the Sexually Dangerous Persons
7    Act;
8        (5) to aid in the location of a missing person;
9        (6) in emergencies as follows:
10            (A) Notwithstanding any other provisions of this
11        Act, any investigative or law enforcement officer may
12        seek to obtain location information in an emergency
13        situation as defined in this paragraph (6). This
14        paragraph (6) applies only when there was no previous
15        notice of the emergency to the investigative or law
16        enforcement officer sufficient to obtain prior
17        judicial approval, and the officer reasonably believes
18        that an order permitting the obtaining of location
19        information would issue were there prior judicial
20        review. An emergency situation exists when:
21                (i) the use of the electronic device is
22            necessary for the protection of the investigative
23            or law enforcement officer or a person acting at
24            the direction of law enforcement; or
25                (ii) the situation involves:
26                    (aa) a clear and present danger of



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1                imminent death or great bodily harm to persons
2                resulting from:
3                        (I) the use of force or the threat of
4                    the imminent use of force,
5                        (II) a kidnapping or the holding of a
6                    hostage by force or the threat of the
7                    imminent use of force, or
8                        (III) the occupation by force or the
9                    threat of the imminent use of force of any
10                    premises, place, vehicle, vessel, or
11                    aircraft;
12                    (bb) an abduction investigation;
13                    (cc) conspiratorial activities
14                characteristic of organized crime;
15                    (dd) an immediate threat to national
16                security interest;
17                    (ee) an ongoing attack on a computer
18                comprising a felony; or
19                    (ff) escape under Section 31-6 of the
20                Criminal Code of 2012.
21            (B) In all emergency cases, an application for an
22        order approving the previous or continuing obtaining
23        of location information must be made within 72 hours of
24        its commencement. In the absence of the order, or upon
25        its denial, any continuing obtaining of location
26        information gathering shall immediately terminate. In



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1        order to approve obtaining location information, the
2        judge must make a determination (i) that he or she
3        would have granted an order had the information been
4        before the court prior to the obtaining of the location
5        information and (ii) there was an emergency situation
6        as defined in this paragraph (6).
7            (C) In the event that an application for approval
8        under this paragraph (6) is denied, the location
9        information obtained under this exception shall be
10        inadmissible in accordance with Section 20 of this Act;
11        or
12        (7) to obtain location information relating to an
13    electronic device used to track a vehicle or an effect
14    which is owned or leased by that law enforcement agency.
15(Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17.)
16    (725 ILCS 168/20)
17    Sec. 20. Admissibility. If the court finds by a
18preponderance of the evidence that a law enforcement agency
19obtained current or future location information pertaining to a
20person or his or her effects in violation of Section 10 or 15
21of this Act, then the information shall be presumed to be
22inadmissible in any judicial or administrative proceeding. The
23State may overcome this presumption by proving the
24applicability of a judicially recognized exception to the
25exclusionary rule of the Fourth Amendment to the United States



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1Constitution or Article I, Section 6 of the Illinois
2Constitution, or by a preponderance of the evidence that the
3law enforcement officer was acting in good faith and reasonably
4believed that one or more of the exceptions identified in
5Section 15 existed at the time the location information was
7(Source: P.A. 98-1104, eff. 8-26-14.)
8    (725 ILCS 168/25)
9    Sec. 25. Providing location information to a law
10enforcement agency not required. Nothing in this Act shall be
11construed to require a person to provide current or future
12location information to a law enforcement agency under Section
14(Source: P.A. 98-1104, eff. 8-26-14.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.