Rep. Ann M. Williams

Filed: 3/18/2019





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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 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



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11963 to aid in the apprehension or the arrest of the person
2named in the arrest warrant. An order issued under a finding of
3probable cause under this Section must be limited to a period
4of 60 days, renewable by the judge upon a showing of good cause
5for subsequent periods of 60 days. A court may grant a law
6enforcement entity's request to obtain current or future
7location information under this Section through testimony made
8by electronic means using a simultaneous video and audio
9transmission between the requestor and a judge, based on sworn
10testimony communicated in the transmission. The entity making
11the request, and the court authorizing the request shall follow
12the procedure under subsection (c) of Section 108-4 of the Code
13of Criminal Procedure of 1963 which authorizes the electronic
14issuance of search warrants.
15(Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17.)
16    (725 ILCS 168/15)
17    Sec. 15. Exceptions. This Act does not prohibit a law
18enforcement agency from seeking to obtain current or future
19location information:
20        (1) to respond to a call for emergency services
21    concerning the user or possessor of an electronic device;
22        (2) with the lawful consent of the owner of the
23    electronic device or person in actual or constructive
24    possession of the item being tracked by the electronic
25    device;



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1        (3) to lawfully obtain location information broadly
2    available to the general public without a court order when
3    the location information is posted on a social networking
4    website, or is metadata attached to images and video, or to
5    determine the location of an Internet Protocol (IP) address
6    through a publicly available service;
7        (4) to obtain location information generated by an
8    electronic device used as a condition of release from a
9    penal institution, as a condition of pre-trial release,
10    probation, conditional discharge, parole, mandatory
11    supervised release, or other sentencing order, or to
12    monitor an individual released under the Sexually Violent
13    Persons Commitment Act or the Sexually Dangerous Persons
14    Act;
15        (5) to aid in the location of a missing person;
16        (6) in emergencies as follows:
17            (A) Notwithstanding any other provisions of this
18        Act, any investigative or law enforcement officer may
19        seek to obtain location information in an emergency
20        situation as defined in this paragraph (6). This
21        paragraph (6) applies only when there was no previous
22        notice of the emergency to the investigative or law
23        enforcement officer sufficient to obtain prior
24        judicial approval, and the officer reasonably believes
25        that an order permitting the obtaining of location
26        information would issue were there prior judicial



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1        review. An emergency situation exists when:
2                (i) the use of the electronic device is
3            necessary for the protection of the investigative
4            or law enforcement officer or a person acting at
5            the direction of law enforcement; or
6                (ii) the situation involves:
7                    (aa) a clear and present danger of
8                imminent death or great bodily harm to persons
9                resulting from:
10                        (I) the use of force or the threat of
11                    the imminent use of force,
12                        (II) a kidnapping or the holding of a
13                    hostage by force or the threat of the
14                    imminent use of force, or
15                        (III) the occupation by force or the
16                    threat of the imminent use of force of any
17                    premises, place, vehicle, vessel, or
18                    aircraft;
19                    (bb) an abduction investigation;
20                    (cc) conspiratorial activities
21                characteristic of organized crime;
22                    (dd) an immediate threat to national
23                security interest;
24                    (ee) an ongoing attack on a computer
25                comprising a felony; or
26                    (ff) escape under Section 31-6 of the



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1                Criminal Code of 2012.
2            (B) In all emergency cases, an application for an
3        order approving the previous or continuing obtaining
4        of location information must be made within 72 hours of
5        its commencement. In the absence of the order, or upon
6        its denial, any continuing obtaining of location
7        information gathering shall immediately terminate. In
8        order to approve obtaining location information, the
9        judge must make a determination (i) that he or she
10        would have granted an order had the information been
11        before the court prior to the obtaining of the location
12        information and (ii) there was an emergency situation
13        as defined in this paragraph (6).
14            (C) In the event that an application for approval
15        under this paragraph (6) is denied, the location
16        information obtained under this exception shall be
17        inadmissible in accordance with Section 20 of this Act;
18        or
19        (7) to obtain location information relating to an
20    electronic device used to track a vehicle or an effect
21    which is owned or leased by that law enforcement agency.
22(Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17.)
23    (725 ILCS 168/20)
24    Sec. 20. Admissibility. If the court finds by a
25preponderance of the evidence that a law enforcement agency



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1obtained current or future location information pertaining to a
2person or his or her effects in violation of Section 10 or 15
3of this Act, then the information shall be presumed to be
4inadmissible in any judicial or administrative proceeding. The
5State may overcome this presumption by proving the
6applicability of a judicially recognized exception to the
7exclusionary rule of the Fourth Amendment to the United States
8Constitution or Article I, Section 6 of the Illinois
9Constitution, or by a preponderance of the evidence that the
10law enforcement officer was acting in good faith and reasonably
11believed that one or more of the exceptions identified in
12Section 15 existed at the time the location information was
14(Source: P.A. 98-1104, eff. 8-26-14.)
15    (725 ILCS 168/25)
16    Sec. 25. Providing location information to a law
17enforcement agency not required. Nothing in this Act shall be
18construed to require a person to provide current or future
19location information to a law enforcement agency under Section
21(Source: P.A. 98-1104, eff. 8-26-14.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".