Sen. Daniel Biss

Filed: 3/11/2016





09900SB2343sam001LRB099 18271 SLF 46131 a


2    AMENDMENT NO. ______. Amend Senate Bill 2343 by replacing
3everything after the enacting clause with the following:
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,



09900SB2343sam001- 2 -LRB099 18271 SLF 46131 a

1location data, information used to calculate location,
2identifying information, communications content, or metadata,
3or otherwise obtains this information through passive means,
4such as through the use of a digital analyzer or other passive
5interception device. "Cell site simulator device" does not
6include any device used or installed by an electric utility
7solely to the extent the device is used by that utility to
8measure electrical usage, to provide services to customers, or
9to operate the electric grid.
10    "Communications device" means any electronic device that
11transmits signs, signals, writings, images, sounds, or data in
12whole or in part by a wire, radio, electromagnetic,
13photoelectric, or photo-optical system.
14    "Law enforcement agency" means any agency of this State or
15a political subdivision of this State which is vested by law
16with the duty to maintain public order and to enforce criminal
18    Section 10. Prohibited use of cell site simulator devices.
19A law enforcement agency may not use a cell site simulator
20device, except to locate or track the location of a
21communications device or to identify a communications device.
22Except as provided in Section 15 of the Freedom From Location
23Surveillance Act, a court order based on probable cause that a
24person whose location information is sought has committed, is
25committing, or is about to commit a crime, is required for any



09900SB2343sam001- 3 -LRB099 18271 SLF 46131 a

1permitted use of a cell site simulator device.
2    Section 15. Application for court order.
3    (a) An application for a court order to use a cell site
4simulator device, including an emergency application under
5subparagraph (B) of paragraph (6) of Section 15 of the Freedom
6From Location Surveillance Act, must include:
7        (1) a description of the nature and capabilities of the
8    cell site simulator device that will be used and the manner
9    and method of its deployment, including whether the cell
10    site simulator device will obtain data from non-target
11    communications devices; and
12        (2) a description of the procedures that will be
13    followed to protect the privacy of non-targets during the
14    investigation, including the deletion of data obtained
15    from non-target communications devices.
16    (b) If the cell site simulator device is used to locate or
17track a known communications device, all non-target data must
18be deleted as soon as reasonably practicable, but no later than
19once every 24 hours.
20    (c) If the cell site simulator device is used to identify
21an unknown communications device, all non-target data must be
22deleted as soon as reasonably practicable, but no later than
23within 72 hours of the time that the unknown communications
24device is identified, absent a court order preserving the
25non-target data and directing that it be filed under seal with



09900SB2343sam001- 4 -LRB099 18271 SLF 46131 a

1the court. The court may retain data obtained from a non-target
2communications device under a court order showing good cause
3for no longer than the period required under Supreme Court
4Rules. The law enforcement agency is prohibited from accessing
5data obtained from a non-target communications device for the
6purpose of any investigation not authorized by the original
8    (d) A court order issued under this Section may be sealed
9upon a showing of need, but for no more than 180 days, with any
10extensions to be granted upon a certification that an
11investigation remains active or a showing of exceptional
13    Section 20. Admissibility. If the court finds by a
14preponderance of the evidence that a law enforcement agency
15used a cell site simulator to gather information in violation
16of the limits in Sections 10 and 15 of this Act, then the
17information shall be presumed to be inadmissible in any
18judicial or administrative proceeding. The State may overcome
19this presumption by proving the applicability of a judicially
20recognized exception to the exclusionary rule of the Fourth
21Amendment to the U.S. Constitution or Article I, Section 6 of
22the Illinois Constitution to the information. Nothing in this
23Act shall be deemed to prevent a court from independently
24reviewing the admissibility of the information for compliance
25with the aforementioned provisions of the U.S. and Illinois



09900SB2343sam001- 5 -LRB099 18271 SLF 46131 a