Illinois General Assembly - Full Text of SB2562
Illinois General Assembly

Previous General Assemblies

Full Text of SB2562  100th General Assembly




SB2562 EngrossedLRB100 17764 SLF 32942 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 and 35 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



SB2562 Engrossed- 2 -LRB100 17764 SLF 32942 b

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.



SB2562 Engrossed- 3 -LRB100 17764 SLF 32942 b

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 to
13    prepare for or monitor safety and security at a large-scale
14    event, if drone usage is limited to legitimate public
15    safety purposes, including, but not limited to, evaluating
16    crowd size, density, or movement; assessing public safety
17    vulnerabilities or weaknesses; determining appropriate
18    staffing levels for law enforcement or other public safety
19    personnel; or identifying possible criminal activity. In
20    this paragraph (7), "large-scale event" means a publicly or
21    privately held event reasonably estimated, at the
22    inception of the event, to be attended by more than 100
23    persons at a sports or entertainment arena, stadium,
24    convention hall, special event center, amusement facility,
25    a special event area licensed or permitted for use under
26    the authority of a unit of local government, or an event



SB2562 Engrossed- 4 -LRB100 17764 SLF 32942 b

1    open to the public that takes place on a public way or
2    government-owned property. A law enforcement agency that
3    uses a drone under this paragraph (7) shall not equip the
4    drone with tear gas canisters, stun gun technology, or any
5    other dangerous or deadly weapon or fire a projectile from
6    a drone. In this paragraph (7), "dangerous or deadly
7    weapon" means any firearm, or other weapon, device,
8    instrument, material, or substance, whether animate or
9    inanimate, which in the manner it is used or is intended to
10    be used is known to be capable of producing death or
11    serious bodily injury.
12(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)
13    (725 ILCS 167/35)
14    Sec. 35. Reporting.
15    (a) If a law enforcement agency owns one or more drones,
16then subsequent to the effective date of this Act, it shall
17report in writing annually by April 1 to the Authority the
19        (1) the number of drones that the law enforcement
20    agency it owns; and
21        (2) the number of times in the previous year that the
22    law enforcement agency has deployed a drone under each of
23    the exceptions under Section 15 of this Act, including the
24    exception used, the date of the deployment, and location of
25    the deployment.



SB2562 Engrossed- 5 -LRB100 17764 SLF 32942 b

1    (b) On July 1 of each year, the Authority shall publish on
2its publicly available website a concise report that lists
3every law enforcement agency that owns a drone, and for each of
4those agencies, the number of drones that it owns.
5(Source: P.A. 98-569, eff. 1-1-14.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.