101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4830

 

Introduced 2/18/2020, by Rep. Tom Weber

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 167/15

    Amends the Freedom from Drone Surveillance Act. Provides that the Act does not prohibit the use of a drone by a law enforcement agency if the law enforcement agency is using the drone for pilot practice or training of a law enforcement officer or airborne photography or video for community marketing purposes or flight demonstrations for the general public.


LRB101 18851 RLC 68308 b

 

 

A BILL FOR

 

HB4830LRB101 18851 RLC 68308 b

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 5. The Freedom from Drone Surveillance Act is
5amended by changing Section 15 as follows:
 
6    (725 ILCS 167/15)
7    Sec. 15. Exceptions. This Act does not prohibit the use of
8a drone by a law enforcement agency:
9        (1) To counter a high risk of a terrorist attack by a
10    specific individual or organization if the United States
11    Secretary of Homeland Security determines that credible
12    intelligence indicates that there is that risk.
13        (2) If a law enforcement agency first obtains a search
14    warrant based on probable cause issued under Section 108-3
15    of the Code of Criminal Procedure of 1963. The warrant must
16    be limited to a period of 45 days, renewable by the judge
17    upon a showing of good cause for subsequent periods of 45
18    days.
19        (3) If a law enforcement agency possesses reasonable
20    suspicion that, under particular circumstances, swift
21    action is needed to prevent imminent harm to life, or to
22    forestall the imminent escape of a suspect or the
23    destruction of evidence. The use of a drone under this

 

 

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1    paragraph (3) is limited to a period of 48 hours. Within 24
2    hours of the initiation of the use of a drone under this
3    paragraph (3), the chief executive officer of the law
4    enforcement agency must report in writing the use of a
5    drone to the local State's Attorney.
6        (4) If a law enforcement agency is attempting to locate
7    a missing person, and is not also undertaking a criminal
8    investigation.
9        (5) If a law enforcement agency is using a drone solely
10    for crime scene and traffic crash scene photography. Crime
11    scene and traffic crash photography must be conducted in a
12    geographically confined and time-limited manner to
13    document specific occurrences. The use of a drone under
14    this paragraph (5) on private property requires either a
15    search warrant based on probable cause under Section 108-3
16    of the Code of Criminal Procedure of 1963 or lawful consent
17    to search. The use of a drone under this paragraph (5) on
18    lands, highways, roadways, or areas belonging to this State
19    or political subdivisions of this State does not require a
20    search warrant or consent to search. Any law enforcement
21    agency operating a drone under this paragraph (5) shall
22    make every reasonable attempt to only photograph the crime
23    scene or traffic crash scene and avoid other areas.
24        (6) If a law enforcement agency is using a drone during
25    a disaster or public health emergency, as defined by
26    Section 4 of the Illinois Emergency Management Agency Act.

 

 

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1    The use of a drone under this paragraph (6) does not
2    require an official declaration of a disaster or public
3    health emergency prior to use. A law enforcement agency may
4    use a drone under this paragraph (6) to obtain information
5    necessary for the determination of whether or not a
6    disaster or public health emergency should be declared, to
7    monitor weather or emergency conditions, to survey damage,
8    or to otherwise coordinate response and recovery efforts.
9    The use of a drone under this paragraph (6) is permissible
10    during the disaster or public health emergency and during
11    subsequent response and recovery efforts.
12        (7) If a law enforcement agency is using a drone for
13    pilot practice or training of a law enforcement officer.
14        (8) If a law enforcement agency is using a drone for
15    airborne photography or video for community marketing
16    purposes or flight demonstrations for the general public.
17(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)