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1    AN ACT concerning location surveillance.
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 Location Surveillance Act.
6    Section 5. Definitions. For the purpose of this Act:
7    "Basic subscriber information" means name, address, local
8and long distance telephone connection records or records of
9session time and durations; length of services, including start
10dates, and types of services utilized; telephone or instrument
11number or other subscriber number or identity, including any
12temporarily assigned network address; and the means and source
13of payment for the service, including the credit card or bank
14account number.
15    "Electronic device" means any device that enables access
16to, or use of:
17        (1) an electronic communication service that provides
18    the ability to send or receive wire or electronic
19    communications;
20        (2) a remote computing service that provides computer
21    storage or processing services by means of an electronic
22    communications system; or
23        (3) a location information service such as a global



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1    positioning service or other mapping, locational, or
2    directional information service.
3    "Electronic device" does not mean devices used by a
4governmental agency or by a company operating under a contract
5with a governmental agency for toll collection, traffic
6enforcement, or license plate reading.
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 or enforce criminal
11    "Location information" means any information concerning
12the location of an electronic device that, in whole or in part,
13is generated by or derived from the operation of that device.
14    "Social networking website" has the same meaning ascribed
15to the term in paragraph (4) of subsection (b) of Section 10 of
16the Right to Privacy in the Workplace Act.
17    Section 10. Court authorization. Except as provided in
18Section 15, a law enforcement agency shall not obtain current
19or future location information pertaining to a person or his or
20her effects without first obtaining a court order based on
21probable cause to believe that the person whose location
22information is sought has committed, is committing, or is about
23to commit a crime or the effect is evidence of a crime, or if
24the location information is authorized under an arrest warrant
25issued under Section 107-9 of the Code of Criminal Procedure of



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11963 to aid in the apprehension or the arrest of the person
2named in the arrest warrant. An order issued under a finding of
3probable cause under this Section must be limited to a period
4of 60 days, renewable by the judge upon a showing of good cause
5for subsequent periods of 60 days.
6    Section 15. Exceptions. This Act does not prohibit a law
7enforcement agency from seeking to obtain current or future
8location information:
9    (1) to respond to a call for emergency services concerning
10the user or possessor of an electronic device;
11    (2) with the lawful consent of the owner of the electronic
12device or person in actual or constructive possession of the
13item being tracked by the electronic device;
14    (3) to lawfully obtain location information broadly
15available to the general public without a court order when the
16location information is posted on a social networking website,
17or is metadata attached to images and video, or to determine
18the location of an Internet Protocol (IP) address through a
19publicly available service;
20    (4) to obtain location information generated by an
21electronic device used as a condition of release from a penal
22institution, as a condition of pre-trial release, probation,
23conditional discharge, parole, mandatory supervised release,
24or other sentencing order, or to monitor an individual released
25under the Sexually Violent Persons Commitment Act or the



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1Sexually Dangerous Persons Act;
2    (5) to aid in the location of a missing person;
3    (6) in emergencies as follows:
4        (A) Notwithstanding any other provisions of this Act,
5    any investigative or law enforcement officer may seek to
6    obtain location information in an emergency situation as
7    defined in this paragraph (6). This paragraph (6) applies
8    only when there was no previous notice of the emergency to
9    the investigative or law enforcement officer sufficient to
10    obtain prior judicial approval, and the officer reasonably
11    believes that an order permitting the obtaining of location
12    information would issue were there prior judicial review.
13    An emergency situation exists when:
14            (i) the use of the electronic device is necessary
15        for the protection of the investigative or law
16        enforcement officer or a person acting at the direction
17        of law enforcement; or
18            (ii) the situation involves:
19                (I) a clear and present danger of imminent
20            death or great bodily harm to persons resulting
21            from a kidnapping or the holding of a hostage by
22            force or the threat of the imminent use of force,
23            or the occupation by force or the threat of the
24            imminent use of force of any premises, place,
25            vehicle, vessel, or aircraft;
26                (II) an abduction investigation;



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1                (III) conspiratorial activities characteristic
2            of organized crime;
3                (IV) an immediate threat to national security
4            interest; or
5                (V) an ongoing attack on a computer comprising
6            a felony.
7        (B) In all emergency cases, an application for an order
8    approving the previous or continuing obtaining of location
9    information must be made within 72 hours of its
10    commencement. In the absence of the order, or upon its
11    denial, any continuing obtaining of location information
12    gathering shall immediately terminate. In order to approve
13    obtaining location information, the judge must make a
14    determination (i) that he or she would have granted an
15    order had the information been before the court prior to
16    the obtaining of the location information and (ii) there
17    was an emergency situation as defined in this paragraph
18    (6).
19        (C) In the event that an application for approval under
20    this paragraph (6) is denied, the location information
21    obtained under this exception shall be inadmissible in
22    accordance with Section 20 of this Act; or
23    (7) to obtain location information relating to an
24electronic device used to track a vehicle or an effect which is
25owned or leased by that law enforcement agency.



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1    Section 20. Admissibility. If the court finds by a
2preponderance of the evidence that a law enforcement agency
3obtained current or future location information pertaining to a
4person or his or her effects in violation of Section 10 or 15
5of this Act, then the information shall be presumed to be
6inadmissible in any judicial or administrative proceeding. The
7State may overcome this presumption by proving the
8applicability of a judicially recognized exception to the
9exclusionary rule of the Fourth Amendment to the United States
10Constitution or Article I, Section 6 of the Illinois
11Constitution, or by a preponderance of the evidence that the
12law enforcement officer was acting in good faith and reasonably
13believed that one or more of the exceptions identified in
14Section 15 existed at the time the location information was
16    Section 25. Providing location information to a law
17enforcement agency not required. Nothing in this Act shall be
18construed to require a person to provide current or future
19location information to a law enforcement agency under Section
21    Section 30. Inapplicability. This Act does not apply to a
22law enforcement agency obtaining basic subscriber information
23from a service provider under a valid subpoena, court order, or
24search warrant.



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.