SB2343 EnrolledLRB099 18271 SLF 42642 b

1    AN ACT concerning the use of cell site simulator devices.
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
5Citizen Privacy Protection Act.
6    Section 5. Definitions. As used in this Act:
7    "Cell site simulator device" means a device that transmits
8or receives radio waves to or from a communications device that
9can be used to intercept, collect, access, transfer, or forward
10the data transmitted or received by the communications device,
11or stored on the communications device, including an
12international mobile subscriber identity (IMSI) catcher or
13other cell phone or telephone surveillance or eavesdropping
14device that mimics a cellular base station and transmits radio
15waves that cause cell phones or other communications devices in
16the area to transmit or receive radio waves, electronic data,
17location data, information used to calculate location,
18identifying information, communications content, or metadata,
19or otherwise obtains this information through passive means,
20such as through the use of a digital analyzer or other passive
21interception device. "Cell site simulator device" does not
22include any device used or installed by an electric utility
23solely to the extent the device is used by that utility to



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1measure electrical usage, to provide services to customers, or
2to operate the electric grid.
3    "Communications device" means any electronic device that
4transmits signs, signals, writings, images, sounds, or data in
5whole or in part by a wire, radio, electromagnetic,
6photoelectric, or photo-optical system.
7    "Law enforcement agency" means any agency of this State or
8a political subdivision of this State which is vested by law
9with the duty to maintain public order and to enforce criminal
11    Section 10. Prohibited use of cell site simulator devices.
12A law enforcement agency may not use a cell site simulator
13device, except to locate or track the location of a
14communications device or to identify a communications device.
15Except as provided in Section 15 of the Freedom From Location
16Surveillance Act, a court order based on probable cause that a
17person whose location information is sought has committed, is
18committing, or is about to commit a crime, is required for any
19permitted use of a cell site simulator device.
20    Section 15. Application for court order.
21    (a) An application for a court order to use a cell site
22simulator device, including an emergency application under
23subparagraph (B) of paragraph (6) of Section 15 of the Freedom
24From Location Surveillance Act, must include:



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1        (1) a description of the nature and capabilities of the
2    cell site simulator device that will be used and the manner
3    and method of its deployment, including whether the cell
4    site simulator device will obtain data from non-target
5    communications devices; and
6        (2) a description of the procedures that will be
7    followed to protect the privacy of non-targets during the
8    investigation, including the deletion of data obtained
9    from non-target communications devices.
10    (b) If the cell site simulator device is used to locate or
11track a known communications device, all non-target data must
12be deleted as soon as reasonably practicable, but no later than
13once every 24 hours.
14    (c) If the cell site simulator device is used to identify
15an unknown communications device, all non-target data must be
16deleted as soon as reasonably practicable, but no later than
17within 72 hours of the time that the unknown communications
18device is identified, absent a court order preserving the
19non-target data and directing that it be filed under seal with
20the court. The court may retain data obtained from a non-target
21communications device under a court order showing good cause
22for no longer than the period required under Supreme Court
23Rules. The law enforcement agency is prohibited from accessing
24data obtained from a non-target communications device for the
25purpose of any investigation not authorized by the original
26court order.



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1    (d) A court order issued under this Section may be sealed
2upon a showing of need, but for no more than 180 days, with any
3extensions to be granted upon a certification that an
4investigation remains active or a showing of exceptional
6    Section 20. Admissibility. If the court finds by a
7preponderance of the evidence that a law enforcement agency
8used a cell site simulator to gather information in violation
9of the limits in Sections 10 and 15 of this Act, then the
10information shall be presumed to be inadmissible in any
11judicial or administrative proceeding. The State may overcome
12this presumption by proving the applicability of a judicially
13recognized exception to the exclusionary rule of the Fourth
14Amendment to the U.S. Constitution or Article I, Section 6 of
15the Illinois Constitution to the information. Nothing in this
16Act shall be deemed to prevent a court from independently
17reviewing the admissibility of the information for compliance
18with the aforementioned provisions of the U.S. and Illinois