Rep. Ann M. Williams

Filed: 2/27/2019





10100HB2134ham002LRB101 09879 RLC 56638 a


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, and 25 as follows:
6    (725 ILCS 168/5)
7    Sec. 5. Definitions. For the purpose of this Act:
8    "Basic subscriber information" means name, address, local
9and long distance telephone connection records or records of
10session time and durations; length of services, including start
11dates, and types of services utilized; telephone or instrument
12number or other subscriber number or identity, including any
13temporarily assigned network address; and the means and source
14of payment for the service, including the credit card or bank
15account number.
16    "Electronic device" means any device that enables access



10100HB2134ham002- 2 -LRB101 09879 RLC 56638 a

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



10100HB2134ham002- 3 -LRB101 09879 RLC 56638 a

1(Source: P.A. 98-1104, eff. 8-26-14; 99-610, eff. 1-1-17.)
2    (725 ILCS 168/10)
3    Sec. 10. Court authorization. Except as provided in
4Section 15, a law enforcement agency shall not obtain current
5or future location information pertaining to a person or his or
6her effects without first obtaining a court order under Section
7108-4 of the Code of Criminal Procedure of 1963 based on
8probable cause to believe that the person whose location
9information is sought has committed, is committing, or is about
10to commit a crime or the effect is evidence of a crime, or if
11the location information is authorized under an arrest warrant
12issued under Section 107-9 of the Code of Criminal Procedure of
131963 to aid in the apprehension or the arrest of the person
14named in the arrest warrant. An order issued under a finding of
15probable cause under this Section must be limited to a period
16of 60 days, renewable by the judge upon a showing of good cause
17for subsequent periods of 60 days. A court may grant a law
18enforcement entity's request to obtain current or future
19location information under this Section through testimony made
20by electronic means using a simultaneous video and audio
21transmission between the requestor and a judge, based on sworn
22testimony communicated in the transmission. The entity making
23the request, and the court authorizing the request shall follow
24the procedure under subsection (c) of Section 108-4 of the Code
25of Criminal Procedure of 1963 which authorizes the electronic



10100HB2134ham002- 4 -LRB101 09879 RLC 56638 a

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



10100HB2134ham002- 5 -LRB101 09879 RLC 56638 a

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



10100HB2134ham002- 6 -LRB101 09879 RLC 56638 a

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



10100HB2134ham002- 7 -LRB101 09879 RLC 56638 a

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



10100HB2134ham002- 8 -LRB101 09879 RLC 56638 a

1(Source: P.A. 98-1104, eff. 8-26-14.)
2    (725 ILCS 168/25)
3    Sec. 25. Providing location information to a law
4enforcement agency not required. Nothing in this Act shall be
5construed to require a person to provide current or future
6location information to a law enforcement agency under Section
8(Source: P.A. 98-1104, eff. 8-26-14.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".