Rep. Ann M. Williams

Filed: 2/19/2019





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2    AMENDMENT NO. ______. Amend House Bill 2134 by replacing
3everything after the enacting clause with the following:
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.



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1    "Electronic device" means any device that enables access
2to, or use of:
3        (1) an electronic communication service that provides
4    the ability to send or receive wire or electronic
5    communications, including wireless communications
6    connecting the device to a telephone network;
7        (2) a remote computing service that provides computer
8    storage or processing services by means of an electronic
9    communications system; or
10        (3) a location information service such as a global
11    positioning service or other mapping, locational, or
12    directional information service.
13    "Electronic device" does not mean devices used by a
14governmental agency or by a company operating under a contract
15with a governmental agency for toll collection, traffic
16enforcement, or license plate reading.
17    "Law enforcement agency" means any agency of this State or
18a political subdivision of this State which is vested by law
19with the duty to maintain public order or enforce criminal
21    "Location information" means any information concerning
22the location of an electronic device that, in whole or in part,
23is generated by or derived from the operation or possession of
24that device.
25    "Social networking website" has the same meaning ascribed
26to the term in subsection (b) of Section 10 of the Right to



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1Privacy in the Workplace Act.
2(Source: P.A. 98-1104, eff. 8-26-14; 99-610, eff. 1-1-17.)
3    (725 ILCS 168/10)
4    Sec. 10. Court authorization. Except as provided in
5Section 15, a law enforcement agency shall not obtain current
6or future location information pertaining to a person or his or
7her effects without first obtaining a court order under Section
8108-4 of the Code of Criminal Procedure of 1963 based on
9probable cause to believe that the person whose location
10information is sought has committed, is committing, or is about
11to commit a crime or the effect is evidence of a crime, or if
12the location information is authorized under an arrest warrant
13issued under Section 107-9 of the Code of Criminal Procedure of
141963 to aid in the apprehension or the arrest of the person
15named in the arrest warrant. An order issued under a finding of
16probable cause under this Section must be limited to a period
17of 60 days, renewable by the judge upon a showing of good cause
18for subsequent periods of 60 days. A court may grant a law
19enforcement entity's request to obtain current or future
20location information under this Section through testimony made
21by electronic means using a simultaneous video and audio
22transmission between the requestor and a judge, based on sworn
23testimony communicated in the transmission. The entity making
24the request, and the court authorizing the request shall follow
25the procedure under subsection (c) of Section 108-4 of the Code



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1of Criminal Procedure of 1963 which authorizes the electronic
2issuance of search warrants.
3(Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17.)
4    (725 ILCS 168/15)
5    Sec. 15. Exceptions. This Act does not prohibit a law
6enforcement agency from seeking to obtain current or future
7location information:
8        (1) to respond to a call for emergency services
9    concerning the user or possessor of an electronic device;
10        (2) with the lawful consent of the owner of the
11    electronic device or person in actual or constructive
12    possession of the item being tracked by the electronic
13    device;
14        (3) to lawfully obtain location information broadly
15    available to the general public without a court order when
16    the location information is posted on a social networking
17    website, or is metadata attached to images and video, or to
18    determine the location of an Internet Protocol (IP) address
19    through a publicly available service;
20        (4) to obtain location information generated by an
21    electronic device used as a condition of release from a
22    penal institution, as a condition of pre-trial release,
23    probation, conditional discharge, parole, mandatory
24    supervised release, or other sentencing order, or to
25    monitor an individual released under the Sexually Violent



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



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1                    hostage by force or the threat of the
2                    imminent use of force, or
3                        (III) the occupation by force or the
4                    threat of the imminent use of force of any
5                    premises, place, vehicle, vessel, or
6                    aircraft;
7                    (bb) an abduction investigation;
8                    (cc) conspiratorial activities
9                characteristic of organized crime;
10                    (dd) an immediate threat to national
11                security interest;
12                    (ee) an ongoing attack on a computer
13                comprising a felony; or
14                    (ff) escape under Section 31-6 of the
15                Criminal Code of 2012.
16            (B) In all emergency cases, an application for an
17        order approving the previous or continuing obtaining
18        of location information must be made within 72 hours of
19        its commencement. In the absence of the order, or upon
20        its denial, any continuing obtaining of location
21        information gathering shall immediately terminate. In
22        order to approve obtaining location information, the
23        judge must make a determination (i) that he or she
24        would have granted an order had the information been
25        before the court prior to the obtaining of the location
26        information and (ii) there was an emergency situation



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1        as defined in this paragraph (6).
2            (C) In the event that an application for approval
3        under this paragraph (6) is denied, the location
4        information obtained under this exception shall be
5        inadmissible in accordance with Section 20 of this Act;
6        or
7        (7) to obtain location information relating to an
8    electronic device used to track a vehicle or an effect
9    which is owned or leased by that law enforcement agency.
10(Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17.)
11    (725 ILCS 168/20)
12    Sec. 20. Admissibility. If the court finds by a
13preponderance of the evidence that a law enforcement agency
14obtained current or future location information pertaining to a
15person or his or her effects in violation of Section 10 or 15
16of this Act, then the information shall be presumed to be
17inadmissible in any judicial or administrative proceeding. The
18State may overcome this presumption by proving the
19applicability of a judicially recognized exception to the
20exclusionary rule of the Fourth Amendment to the United States
21Constitution or Article I, Section 6 of the Illinois
22Constitution, or by a preponderance of the evidence that the
23law enforcement officer was acting in good faith and reasonably
24believed that one or more of the exceptions identified in
25Section 15 existed at the time the location information was



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2(Source: P.A. 98-1104, eff. 8-26-14.)
3    (725 ILCS 168/25)
4    Sec. 25. Providing location information to a law
5enforcement agency not required. Nothing in this Act shall be
6construed to require a person to provide current or future
7location information to a law enforcement agency under Section
9(Source: P.A. 98-1104, eff. 8-26-14.)
10    (725 ILCS 168/30)
11    Sec. 30. Inapplicability. This Act does not apply to a law
12enforcement agency obtaining basic subscriber information from
13a service provider under a valid subpoena, court order, or
14search warrant.
15(Source: P.A. 98-1104, eff. 8-26-14.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".