Illinois General Assembly

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 Bill Status of SB1587  98th General Assembly


Short Description:  DRONE SURVEILLANCE

Senate Sponsors
Sen. Daniel Biss - Chapin Rose - Ira I. Silverstein - William R. Haine - Michael Connelly, Patricia Van Pelt, Don Harmon, Jacqueline Y. Collins, Melinda Bush, Michael E. Hastings, Kyle McCarter and Wm. Sam McCann

House Sponsors
(Rep. Ann Williams - David Harris - Barbara Flynn Currie - Kenneth Dunkin - Jim Durkin, Kelly M. Cassidy, Dwight Kay, Ron Sandack, Adam Brown, Kelly Burke, Robyn Gabel, André M. Thapedi, Jack D. Franks, Keith Farnham, Carol A. Sente, Linda Chapa LaVia and Camille Y. Lilly)

Last Action
DateChamber Action
  8/27/2013SenatePublic Act . . . . . . . . . 98-0569

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Freedom from Drone Surveillance Act. Provides that a law enforcement agency may not use a drone to gather information. Permits the use of a drone by a law enforcement agency: (1) to counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is that risk; (2) if a law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone; or (3) if a law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent harm to life or serious damage to property, or to forestall the imminent escape of a suspect or the destruction of evidence. Provides that a law enforcement agency may not own or use a drone that is equipped with any kind of lethal or non-lethal weapon. Provides that information obtained or collected in violation of the Act is not admissible as evidence in any criminal, civil, administrative, or other proceeding. Establishes certain information retention and reporting requirements concerning drone ownership and use.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the bill. Permits the use of a drone by a law enforcement agency if it is attempting to locate a missing person and is not undertaking a criminal investigation or if the agency is using the drone solely for crime scene photography. Provides for the destruction of information gathered by the drone within 30 days, except that a supervisor at that agency may retain particular information if: (1) there is reasonable suspicion that the information contains evidence of criminal activity, or (2) the information is relevant to an ongoing investigation or pending criminal trial. Deletes provision that a law enforcement agency may not own or use a drone that is equipped with any kind of lethal or non-lethal weapon.

Senate Floor Amendment No. 2
Provides that the Act does not prohibit the use of a drone by a law enforcement agency if the law enforcement agency is using a drone solely for crime scene and traffic crash scene photography. Provides that crime scene and traffic crash photography must be conducted in a geographically confined and time-limited manner to document specific occurrences. Provides that the use of a drone under this provision on private property requires either a search warrant based on probable cause or lawful consent to search. Provides that the use of a drone under this provision on lands, highways, roadways, or areas belonging to the State or political subdivisions of the State does not require a search warrant or consent to search. Provides that any law enforcement agency operating a drone under this provision shall make every reasonable attempt to only photograph the crime scene or traffic crash scene and avoid other areas.

House Committee Amendment No. 1
Replaces the admissibility provisions. Provides that if the court finds by a preponderance of the evidence that a law enforcement agency used a drone to gather information in violation of the information gathering limits in of the Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. Provides that the State may overcome this presumption by proving the applicability of a judicially recognized exception to the exclusionary rule of the Fourth Amendment to the U.S. Constitution or Article I, Section 6 of the Illinois Constitution to the information. Provides that nothing in the Act shall be deemed to prevent a court from independently reviewing the admissibility of the information for compliance with the aforementioned provisions of the U.S. and Illinois Constitutions.

House Committee Amendment No. 2
Deletes provision that permits the use of drone by a law enforcement agency if the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent serious damage to property.

Actions 
DateChamber Action
  2/13/2013SenateFiled with Secretary by Sen. Daniel Biss
  2/13/2013SenateFirst Reading
  2/13/2013SenateReferred to Assignments
  2/19/2013SenateAdded as Chief Co-Sponsor Sen. Chapin Rose
  2/27/2013SenateAssigned to Criminal Law
  3/1/2013SenateAdded as Chief Co-Sponsor Sen. Ira I. Silverstein
  3/1/2013SenateAdded as Chief Co-Sponsor Sen. William R. Haine
  3/1/2013SenateAdded as Co-Sponsor Sen. Patricia Van Pelt
  3/1/2013SenateAdded as Chief Co-Sponsor Sen. Michael Connelly
  3/1/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Daniel Biss
  3/1/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/1/2013SenateAdded as Co-Sponsor Sen. Don Harmon
  3/5/2013SenateAdded as Co-Sponsor Sen. Jacqueline Y. Collins
  3/5/2013SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  3/6/2013SenateAdded as Co-Sponsor Sen. Melinda Bush
  3/6/2013SenateAdded as Co-Sponsor Sen. Michael E. Hastings
  3/6/2013SenateSenate Committee Amendment No. 1 Adopted
  3/7/2013SenateDo Pass as Amended Criminal Law; 007-002-000
  3/7/2013SenatePlaced on Calendar Order of 2nd Reading March 12, 2013
  3/21/2013SenateSecond Reading
  3/21/2013SenatePlaced on Calendar Order of 3rd Reading April 10, 2013
  4/10/2013SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Daniel Biss
  4/10/2013SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/16/2013SenateSenate Floor Amendment No. 2 Assignments Refers to Criminal Law
  4/17/2013SenateSenate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 008-000-000
  4/17/2013SenateRecalled to Second Reading
  4/17/2013SenateSenate Floor Amendment No. 2 Adopted; Biss
  4/17/2013SenatePlaced on Calendar Order of 3rd Reading April 18, 2013
  4/18/2013SenateAdded as Co-Sponsor Sen. Kyle McCarter
  4/18/2013SenateAdded as Co-Sponsor Sen. Wm. Sam McCann
  4/18/2013SenateThird Reading - Passed; 052-001-000
  4/18/2013HouseArrived in House
  4/18/2013HouseChief House Sponsor Rep. Ann Williams
  4/18/2013HouseAdded Alternate Chief Co-Sponsor Rep. David Harris
  4/18/2013HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
  4/18/2013HouseAdded Alternate Chief Co-Sponsor Rep. Kenneth Dunkin
  4/18/2013HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  4/18/2013HouseAdded Alternate Co-Sponsor Rep. Dwight Kay
  4/18/2013HouseAdded Alternate Co-Sponsor Rep. Ron Sandack
  4/18/2013HouseAdded Alternate Co-Sponsor Rep. Adam Brown
  4/18/2013HouseAdded Alternate Co-Sponsor Rep. Kelly Burke
  4/18/2013HouseFirst Reading
  4/18/2013HouseReferred to Rules Committee
  4/19/2013HouseAdded Alternate Chief Co-Sponsor Rep. Jim Durkin
  5/15/2013HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  5/22/2013HouseFinal Action Deadline Extended-9(b) May 24, 2013
  5/22/2013HouseAssigned to Judiciary
  5/22/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Ann Williams
  5/22/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/24/2013HouseFinal Action Deadline Extended-9(b) May 31, 2013
  5/27/2013HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Ann Williams
  5/27/2013HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/28/2013HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  5/28/2013HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary
  5/28/2013HouseAdded Alternate Co-Sponsor Rep. André M. Thapedi
  5/28/2013HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  5/28/2013HouseHouse Committee Amendment No. 2 Adopted in Judiciary; by Voice Vote
  5/28/2013HouseDo Pass as Amended / Short Debate Judiciary; 014-000-000
  5/28/2013HousePlaced on Calendar 2nd Reading - Short Debate
  5/28/2013HouseSecond Reading - Short Debate
  5/28/2013HouseHeld on Calendar Order of Second Reading - Short Debate
  5/29/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2013HouseChair placed on Standard Debate
  5/30/2013HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  5/30/2013HouseThird Reading - Standard Debate - Passed 105-012-000
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Keith Farnham
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Carol A. Sente
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/30/2013SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/30/2013SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2013
  5/30/2013SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Daniel Biss
  5/30/2013SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/30/2013SenateHouse Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Daniel Biss
  5/30/2013SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Assignments
  5/30/2013SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law
  5/30/2013SenateHouse Committee Amendment No. 2 Motion to Concur Assignments Referred to Criminal Law
  5/30/2013HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/30/2013SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 006-000-000
  5/30/2013SenateHouse Committee Amendment No. 2 Motion To Concur Recommended Do Adopt Criminal Law; 006-000-000
  5/31/2013SenateHouse Committee Amendment No. 1 Senate Concurs 058-000-000
  5/31/2013SenateHouse Committee Amendment No. 2 Senate Concurs 058-000-000
  5/31/2013SenatePassed Both Houses
  6/28/2013SenateSent to the Governor
  8/27/2013SenateGovernor Approved
  8/27/2013SenateEffective Date January 1, 2014
  8/27/2013SenatePublic Act . . . . . . . . . 98-0569

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