Illinois General Assembly - Full Text of SB1587
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Full Text of SB1587  98th General Assembly




SB1587 EnrolledLRB098 08321 RLC 38426 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 1. Short title. This Act may be cited as the
5Freedom from Drone Surveillance Act.
6    Section 5. Definitions. As used in this Act:
7    "Authority" means the Illinois Criminal Justice
8Information Authority.
9    "Drone" means any aerial vehicle that does not carry a
10human operator.
11    "Information" means any evidence, images, sounds, data, or
12other information gathered by a drone.
13    "Law enforcement agency" means any agency of this State or
14a political subdivision of this State which is vested by law
15with the duty to maintain public order and to enforce criminal
17    Section 10. Prohibited use of drones. Except as provided
18in Section 15, a law enforcement agency may not use a drone to
19gather information.
20    Section 15. Exceptions. This Act does not prohibit the use
21of a drone by a law enforcement agency:



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1    (1) To counter a high risk of a terrorist attack by a
2specific individual or organization if the United States
3Secretary of Homeland Security determines that credible
4intelligence indicates that there is that risk.
5    (2) If a law enforcement agency first obtains a search
6warrant based on probable cause issued under Section 108-3 of
7the Code of Criminal Procedure of 1963. The warrant must be
8limited to a period of 45 days, renewable by the judge upon a
9showing of good cause for subsequent periods of 45 days.
10    (3) If a law enforcement agency possesses reasonable
11suspicion that, under particular circumstances, swift action
12is needed to prevent imminent harm to life, or to forestall the
13imminent escape of a suspect or the destruction of evidence.
14The use of a drone under this paragraph (3) is limited to a
15period of 48 hours. Within 24 hours of the initiation of the
16use of a drone under this paragraph (3), the chief executive
17officer of the law enforcement agency must report in writing
18the use of a drone to the local State's Attorney.
19    (4) If a law enforcement agency is attempting to locate a
20missing person, and is not also undertaking a criminal
22    (5) If a law enforcement agency is using a drone solely for
23crime scene and traffic crash scene photography. Crime scene
24and traffic crash photography must be conducted in a
25geographically confined and time-limited manner to document
26specific occurrences. The use of a drone under this paragraph



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1(5) on private property requires either a search warrant based
2on probable cause under Section 108-3 of the Code of Criminal
3Procedure of 1963 or lawful consent to search. The use of a
4drone under this paragraph (5) on lands, highways, roadways, or
5areas belonging to this State or political subdivisions of this
6State does not require a search warrant or consent to search.
7Any law enforcement agency operating a drone under this
8paragraph (5) shall make every reasonable attempt to only
9photograph the crime scene or traffic crash scene and avoid
10other areas.
11    Section 20. Information retention. If a law enforcement
12agency uses a drone under Section 15 of this Act, the agency
13within 30 days shall destroy all information gathered by the
14drone, except that a supervisor at that agency may retain
15particular information if:
16    (1) there is reasonable suspicion that the information
17contains evidence of criminal activity, or
18    (2) the information is relevant to an ongoing investigation
19or pending criminal trial.
20    Section 25. Information disclosure. If a law enforcement
21agency uses a drone under Section 15 of this Act, the agency
22shall not disclose any information gathered by the drone,
23except that a supervisor of that agency may disclose particular
24information to another government agency, if (1) there is



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1reasonable suspicion that the information contains evidence of
2criminal activity, or (2) the information is relevant to an
3ongoing investigation or pending criminal trial.
4    Section 30. Admissibility. If the court finds by a
5preponderance of the evidence that a law enforcement agency
6used a drone to gather information in violation of the
7information gathering limits in Sections 10 and 15 of this Act,
8then the information shall be presumed to be inadmissible in
9any judicial or administrative proceeding. The State may
10overcome this presumption by proving the applicability of a
11judicially recognized exception to the exclusionary rule of the
12Fourth Amendment to the U.S. Constitution or Article I, Section
136 of the Illinois Constitution to the information. Nothing in
14this Act shall be deemed to prevent a court from independently
15reviewing the admissibility of the information for compliance
16with the aforementioned provisions of the U.S. and Illinois
18    Section 35. Reporting.
19    (a) If a law enforcement agency owns one or more drones,
20then subsequent to the effective date of this Act, it shall
21report in writing annually by April 1 to the Authority the
22number of drones that it owns.
23    (b) On July 1 of each year, the Authority shall publish on
24its publicly available website a concise report that lists



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1every law enforcement agency that owns a drone, and for each of
2those agencies, the number of drones that it owns.