101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5495

 

Introduced , by Rep. Ann M. Williams

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Protecting Household Privacy Act. Provides that a law enforcement agency shall not obtain household electronic data or direct the acquisition of household electronic data from a private party or other third party. Provides exceptions. Provides that if a law enforcement agency obtains household electronic data under the Act, the agency within 30 days shall destroy all information obtained, 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 owner of the household electronic device consents to voluntarily provide the desired household electronic data. Provides that if the court finds by a preponderance of the evidence that a law enforcement agency obtained household electronic data pertaining to a person or his or her effects in violation of the Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. Provides that any person or entity that provides household electronic data in response to a request from any law enforcement agency under the Act shall take reasonable measures to ensure the confidentiality, integrity, and security of any household electronic data provided to any law enforcement agency, and to limit any production of household electronic data to information relevant to the law enforcement agency request.


LRB101 19415 RLC 68887 b

 

 

A BILL FOR

 

HB5495LRB101 19415 RLC 68887 b

1    AN ACT concerning household electronic data.
 
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
5Protecting Household Privacy Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Electronic communication" means any origination,
8transmission, emission, transfer, or reception of signs,
9signals, data, writings, images, video, audio, or intelligence
10of any nature by telephone, including cellular telephones or a
11wire, Internet, wireless, radio, electromagnetic,
12photo-electronic or photo-optical system, cable television,
13fiber optic, satellite, microwave, Internet-based or wireless
14distribution network, system, facility or related technology.
15    "Household" means any single or multiple family dwelling,
16including but not limited to a single family home, house,
17apartment, mobile home, trailer, building, condominium,
18duplex, townhouse, or other living quarters, used or intended
19to be used as a dwelling place and immediately surrounding
20area.
21    "Household electronic device" means any device intended
22for use within a household that is capable of facilitating any
23electronic communication.

 

 

HB5495- 2 -LRB101 19415 RLC 68887 b

1    "Household electronic data" means any information or input
2provided by a person to a household electronic device.
3    "Law enforcement agency" means any agency of this State or
4a unit of local government which is vested by law or ordinance
5with the duty to maintain public order and to enforce criminal
6laws or ordinances.
 
7    Section 10. Prohibited use of household electronic data.
8Except as provided in Section 15, a law enforcement agency
9shall not obtain household electronic data or direct the
10acquisition of household electronic data from a private party
11or other third party.
 
12    Section 15. Exceptions. This Act does not prohibit a law
13enforcement agency from obtaining household electronic data
14if:
15        (1) the law enforcement agency first obtains a court
16    order under Section 108-4 of the Code of Criminal Procedure
17    of 1963 based on probable cause to believe that the person
18    whose household electronic data is sought has committed, is
19    committing, or is about to commit a crime or the effect is
20    evidence of a crime, or if the household electronic data is
21    authorized under an arrest warrant issued under Section
22    107-9 of the Code of Criminal Procedure of 1963 to aid in
23    the apprehension or the arrest of the person named in the
24    arrest warrant. An order issued under a finding of probable

 

 

HB5495- 3 -LRB101 19415 RLC 68887 b

1    cause under this Section must be limited to a period of 60
2    days, renewable by the judge upon a showing of good cause
3    for subsequent periods of 60 days. A court may grant a law
4    enforcement entity's request to obtain household
5    electronic data under this Section through testimony made
6    by electronic means using a simultaneous video and audio
7    transmission between the requestor and a judge, based on
8    sworn testimony communicated in the transmission. The
9    entity making the request, and the court authorizing the
10    request shall follow the procedure under subsection (c) of
11    Section 108-4 of the Code of Criminal Procedure of 1963
12    which authorizes the electronic issuance of search
13    warrants; or
14        (2) the owner of the household electronic device
15    consents to voluntarily provide the desired household
16    electronic data.
 
17    Section 20. Information retention. If a law enforcement
18agency obtains household electronic data under Section 15,
19the agency within 30 days shall destroy all information
20obtained, except that a supervisor at that agency may retain
21particular information if:
22        (1) there is reasonable suspicion that the information
23    contains evidence of criminal activity; or
24        (2) the information is relevant to an ongoing
25    investigation or pending criminal trial.
 

 

 

HB5495- 4 -LRB101 19415 RLC 68887 b

1    Section 25. Information disclosure. If a law enforcement
2agency obtains household electronic data under Section 15, the
3agency shall not disclose any information obtained, except that
4a supervisor of that agency may disclose particular information
5to another government agency if:
6    (1) there is reasonable suspicion that the information
7contains evidence of criminal activity; or
8    (2) the information is relevant to an ongoing investigation
9or pending criminal trial.
 
10    Section 30. Admissibility. If the court finds by a
11preponderance of the evidence that a law enforcement agency
12obtained household electronic data pertaining to a person or
13his or her effects in violation, then the information shall be
14presumed to be inadmissible in any judicial or administrative
15proceeding. The State may overcome this presumption by proving
16the applicability of a judicially recognized exception to the
17exclusionary rule of the Fourth Amendment to the United States
18Constitution or Article I, Section 6 of the Illinois
19Constitution, or by a preponderance of the evidence that the
20law enforcement officer was acting in good faith and reasonably
21believed that one or more of the exceptions identified in
22Section 15 existed at the time the household electronic data
23was obtained.
 

 

 

HB5495- 5 -LRB101 19415 RLC 68887 b

1    Section 35. Providing household electronic data to a law
2enforcement agency not required. Except as provided in Section
315, nothing in this Act shall be construed to require a person
4or entity to provide household electronic data to a law
5enforcement agency under this Act. If law enforcement acquires
6information from a household electronic device under Section
715, any information so acquired is subject to Sections 20 and
825.
 
9    Section 40. Security of production. Any person or entity
10that provides household electronic data in response to a
11request from any law enforcement agency under this Act shall
12take reasonable measures to ensure the confidentiality,
13integrity, and security of any household electronic data
14provided to any law enforcement agency, and to limit any
15production of household electronic data to information
16relevant to the law enforcement agency request.