98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2631

 

Introduced 12/3/2013, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Out-of-State Law Enforcement Agency Surveillance and Counter-terrorism Notification Act. Provides that a law enforcement agency, or investigative or law enforcement officer, of another state may not conduct a surveillance operation within the borders of this State unless that law enforcement agency, or investigative or law enforcement officer, has provided prior notice of the surveillance operation to the Attorney General, the Director of State Police, and the chief law enforcement officer of the jurisdiction in which the operation is to take place. Provides that any out-of-State law enforcement agency that intends to enter the borders which are under the jurisdiction of this State for the purpose of conducting counter-terrorism activities in this State shall, no later than 24 hours prior to entering Illinois State borders, inform the State's Attorney, or the State's Attorney's designee of the county in which the counter-terrorism activity is to take place. Provides for injunctive relief to prohibit violations of the Act.


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A BILL FOR

 

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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 1. Short title. This Act may be cited as the
5Out-of-State Law Enforcement Agency Surveillance and
6Counter-terrorism Notification Act.
 
7    Section 5. Definitions. For the purposes of this Act:
8    "Counter-terrorism activity" means any activity undertaken
9by a law enforcement agency to investigate, detect, deter, or
10prevent the crime of terrorism as defined in Article 29D of the
11Criminal Code of 2012, or for an offense of a substantially
12similar nature committed in another jurisdiction, without
13regard to whether the crime is committed or intended to be
14committed in this State.
15    "Counter-terrorism watch" means a counter terrorism entity
16within the Department of State Police.
17    "Law enforcement activity" means investigations,
18operations, and intelligence gathering activity conducted by a
19law enforcement agency or officer. "Law enforcement activity"
20does not encompass non-investigatory conduct, including but
21not limited to participation in training classes or exercises,
22execution of child-support warrants, or transportation of
23incarcerated persons to and from this State.

 

 

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1    "Out-of-State law enforcement agency" means any law
2enforcement agency or officer operating under the authority of
3the laws of another state. "Out-of-State law enforcement
4agency" does not include a federal law enforcement agency or
5task force operating under the auspices of a federal law
6enforcement agency.
7    "Surveillance operation" means the act of monitoring,
8observing, listening to, or making a recording of a person or
9group of persons or their movements, activities, and
10communications.
 
11    Section 10. Out-of-State law enforcement agency
12surveillance.
13    (a) A law enforcement agency, or investigative or law
14enforcement officer, of another state may not conduct a
15surveillance operation within the borders of this State unless
16that law enforcement agency, or investigative or law
17enforcement officer, has provided prior notice of the
18surveillance operation to the Attorney General, the Director of
19State Police, and the chief law enforcement officer of the
20jurisdiction in which the operation is to take place. The
21notification shall include:
22        (1) the identity and qualifications of the
23    investigative or law enforcement officers conducting the
24    surveillance operation;
25        (2) the identity of the particular person or group of

 

 

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1    persons, if known, who are the subject of the surveillance
2    operation;
3        (3) a statement of facts establishing the purpose of
4    the surveillance activities and the character of the
5    information that the law enforcement agency or
6    investigative or law enforcement officer intends to obtain
7    from conducting a surveillance operation;
8        (4) the location of the surveillance operation or the
9    particular place where the operation is to take place; and
10        (5) a statement of the period of time during which the
11    surveillance operation is to be conducted.
12    (b) A local, municipal, or county law enforcement agency or
13officer shall promptly notify the State's Attorney, or the
14State's Attorney's designee, when a law enforcement officer
15learns of, or acquires knowledge of, an out-of-State law
16enforcement agency that intends to enter, or has entered, the
17borders which are under the jurisdiction of the State of
18Illinois for the purpose of conducting law enforcement
19activities in this State.
20    (c) Notification required under this Act shall include, but
21not be limited to:
22        (1) the date and time that the out-of-State agency's
23    activity is discovered;
24        (2) the nature, purpose, and scope of the out-of-State
25    law enforcement agency's activities in this State;
26        (3) the out-of-State law enforcement agency's name and

 

 

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1    contact information; and
2        (4) the name and contact information of the law
3    enforcement agency operating in this State.
4    (d) The notification shall be given as soon as practicable,
5but in no event shall notification be provided later than 24
6hours after learning of, or acquiring information concerning,
7the out-of-State agency's law enforcement activity in this
8State.
 
9    Section 15. Injunctive relief; Attorney General. Whenever,
10on the basis of available information, the Attorney General
11finds that a law enforcement agency, or investigative or law
12enforcement officer, of another state has violated the
13provisions of this Act or any rule adopted under this Act, the
14Attorney General, or his or her designee, may seek and obtain
15in a summary proceeding in the circuit court a temporary or
16permanent injunction prohibiting that law enforcement agency,
17or investigative or law enforcement officer, from engaging in a
18surveillance operation. In the proceeding the court may enter
19orders that are necessary to prevent the performance of an
20unlawful surveillance operation in violation of this Act, or
21may require compliance with the provision this Act. A State's
22Attorney shall promptly notify the counter-terrorism watch
23within the Department of State Police when a law enforcement
24officer learns of, or acquires knowledge of, an out-of-State
25law enforcement agency that intends to enter, or has entered,

 

 

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1the borders which are under the jurisdiction of this State for
2the purpose of conducting counter-terrorism activities in this
3State. Notifications shall be provided in a manner and within
4the time limitations in Section 10 of this Act.
 
5    Section 20. Counter-terrorism watch. Upon receiving
6information that an out-of-State law enforcement agency
7intends to enter, or has entered, the borders which are under
8the jurisdiction of the State of Illinois for the purpose of
9conducting counter-terrorism activities in this State, the
10counter-terrorism watch shall notify the Director of State
11Police, or the Director's designee, and the Director of the
12Illinois Emergency Management Agency.
 
13    Section 25. Out-of-State law enforcement agency conducting
14counter-terrorism activities in this State.
15    (a) Any out-of-State law enforcement agency that intends to
16enter the borders which are under the jurisdiction of this
17State for the purpose of conducting counter-terrorism
18activities in this State shall, no later than 24 hours prior to
19entering Illinois State borders, inform the State's Attorney,
20or the State's Attorney's designee of the county in which the
21counter-terrorism activity is to take place. Notification
22required under this Act shall include, but not be limited to:
23        (1) the date and time that the out-of-State agency
24    intends to conduct the counter-terrorism activity;

 

 

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1        (2) the nature, purpose, and scope of the
2    counter-terrorism activity that the out-of-State law
3    enforcement agency intends to undertake in this State; and
4        (3) the out-of-State law enforcement agency's name and
5    contact information.
6    The notification shall be given as soon as practicable, but
7in no event shall notification be provided later than 24 hours
8prior to the counter-terrorism activities being carried out in
9this State.
10    (b) A State's Attorney shall promptly notify the
11counter-terrorism watch within the Department of State Police
12upon receiving notification from an out-of-State law
13enforcement agency provided under subsection (a) of this
14Section.
15    (c) Upon receiving information that an out-of-State law
16enforcement agency intends to enter the borders which are under
17the jurisdiction of the State of Illinois for the purpose of
18conducting counter-terrorism activities in this State, the
19counter-terrorism watch shall notify the Director of State
20Police, or the Director's designee, and the Director of the
21Illinois Emergency Management Agency.
 
22    Section 30. Violation of notification requirements.
23Whenever, on the basis of available information, the Attorney
24General or a State's Attorney, or his or her designee finds
25that an out-of-State law enforcement agency has violated the

 

 

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1provisions of this Act, by failing to adhere to the
2notification requirements under Section 25 or any rule adopted
3under this Act, the Attorney General or a State's Attorney, or
4his or her designee, may seek and obtain in a summary
5proceeding in the circuit court a temporary or permanent
6injunction prohibiting that out-of-State law enforcement
7agency from conducting counter-terrorism activity within the
8borders of this State. In that proceeding, the court may enter
9orders as are necessary to prevent the performance of
10counter-terrorism activity in violation of the reporting
11requirement under this Act, or may require compliance with the
12reporting requirements provided under the provisions of this
13Act.
 
14    Section 35. Rules. The Attorney General may adopt rules in
15accordance with the Illinois Administrative Procedure Act
16necessary to carry out the purposes of this Act.