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


Sen. Daniel Biss

Filed: 3/1/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1587 by replacing
3everything after the enacting clause with the following:
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



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1    Section 10. Prohibited use of drones. Except as provided
2in Section 15, a law enforcement agency may not use a drone to
3gather information.
4    Section 15. Exceptions. This Act does not prohibit the use
5of a drone by a law enforcement agency:
6    (1) To counter a high risk of a terrorist attack by a
7specific individual or organization if the United States
8Secretary of Homeland Security determines that credible
9intelligence indicates that there is that risk.
10    (2) If a law enforcement agency first obtains a search
11warrant based on probable cause issued under Section 108-3 of
12the Code of Criminal Procedure of 1963. The warrant must be
13limited to a period of 45 days, renewable by the judge upon a
14showing of good cause for subsequent periods of 45 days.
15    (3) If a law enforcement agency possesses reasonable
16suspicion that, under particular circumstances, swift action
17is needed to prevent imminent harm to life or serious damage to
18property, or to forestall the imminent escape of a suspect or
19the destruction of evidence. The use of a drone under this
20paragraph (3) is limited to a period of 48 hours. Within 24
21hours of the initiation of the use of a drone under this
22paragraph (3), the chief executive officer of the law
23enforcement agency must report in writing the use of a drone to
24the local State's Attorney.



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1    (4) If a law enforcement agency is attempting to locate a
2missing person, and is not also undertaking a criminal
4    (5) If a law enforcement agency is using a drone solely for
5crime scene photography.
6    Section 20. Information retention. If a law enforcement
7agency uses a drone under Section 15 of this Act, the agency
8within 30 days shall destroy all information gathered by the
9drone, except that a supervisor at that agency may retain
10particular information if:
11    (1) there is reasonable suspicion that the information
12contains evidence of criminal activity, or
13    (2) the information is relevant to an ongoing investigation
14or pending criminal trial.
15    Section 25. Information disclosure. If a law enforcement
16agency uses a drone under Section 15 of this Act, the agency
17shall not disclose any information gathered by the drone,
18except that a supervisor of that agency may disclose particular
19information to another government agency, if (1) there is
20reasonable suspicion that the information contains evidence of
21criminal activity, or (2) the information is relevant to an
22ongoing investigation or pending criminal trial.
23    Section 30. Admissibility. Compliance with this Act is a



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1prerequisite to the admissibility in evidence of any
2information collected by a law enforcement agency by means of a
3drone, but nothing in this Act shall be deemed to prevent a
4court from independently reviewing the admissibility of the
5evidence for compliance with the Fourth Amendment to the U.S.
6Constitution or with Article I, Section 6 of the Illinois
8    Section 35. Reporting.
9    (a) If a law enforcement agency owns one or more drones,
10then subsequent to the effective date of this Act, it shall
11report in writing annually by April 1 to the Authority the
12number of drones that it owns.
13    (b) On July 1 of each year, the Authority shall publish on
14its publicly available website a concise report that lists
15every law enforcement agency that owns a drone, and for each of
16those agencies, the number of drones that it owns.".