Illinois General Assembly - Full Text of SB2808
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Full Text of SB2808  98th General Assembly


Sen. Daniel Biss

Filed: 4/1/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 2808 by replacing
3everything after the enacting clause with the following:
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:



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1        (1) an electronic communication service that provides
2    the ability to send or receive wire or electronic
3    communications;
4        (2) a remote computing service that provides computer
5    storage or processing services by means of an electronic
6    communications system; or
7        (3) a location information service such as a global
8    positioning service or other mapping, locational, or
9    directional information service.
10    "Electronic device" does not mean devices used by a
11governmental agency or by a company operating under a contract
12with a governmental agency for toll collection, traffic
13enforcement, or license plate reading.
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 or enforce criminal
18    "Location information" means any information concerning
19the location of an electronic device that, in whole or in part,
20is generated by or derived from the operation of that device.
21    "Social networking website" has the same meaning ascribed
22to the term in paragraph (4) of subsection (b) of Section 10 of
23the Right to Privacy in the Workplace Act.
24    Section 10. Court authorization. Except as provided in
25Section 15, a law enforcement agency shall not obtain current



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1or future location information pertaining to a person or his or
2her effects without first obtaining a court order based on
3probable cause to believe that the person whose location
4information is sought has committed, is committing, or is about
5to commit a crime or the effect is evidence of a crime, or if
6the location information is authorized under an arrest warrant
7issued under Section 107-9 of the Code of Criminal Procedure of
81963 to aid in the apprehension or the arrest of the person
9named in the arrest warrant. An order issued under a finding of
10probable cause under this Section must be limited to a period
11of 60 days, renewable by the judge upon a showing of good cause
12for subsequent periods of 60 days.
13    Section 15. Exceptions. This Act does not prohibit a law
14enforcement agency from seeking to obtain current or future
15location information:
16    (1) to respond to a call for emergency services concerning
17the user or possessor of an electronic device;
18    (2) with the lawful consent of the person in actual or
19constructive possession of the item being tracked by the
20electronic device;
21    (3) to lawfully obtain location information broadly
22available to the general public without a court order when the
23location information is posted on a social networking website,
24or is metadata attached to images and video, or to determine
25the location of an Internet Protocol (IP) address through a



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1publicly available service;
2    (4) to obtain location information generated by an
3electronic device used as a condition of release from a penal
4institution, as a condition of pre-trial release, probation,
5conditional discharge, parole, mandatory supervised release,
6or other sentencing order, or to monitor an individual released
7under the Sexually Violent Persons Commitment Act or the
8Sexually Dangerous Persons Act;
9    (5) to aid in the location of a missing person;
10    (6) in emergencies as follows:
11        (A) Notwithstanding any other provisions of this Act,
12    any investigative or law enforcement officer may seek to
13    obtain location information in an emergency situation as
14    defined in this paragraph (6). This paragraph (6) applies
15    only when there was no previous notice of the emergency to
16    the investigative or law enforcement officer sufficient to
17    obtain prior judicial approval, and the officer reasonably
18    believes that an order permitting the obtaining of location
19    information would issue were there prior judicial review.
20    An emergency situation exists when:
21            (i) the use of the electronic device is necessary
22        for the protection of the investigative or law
23        enforcement officer or a person acting at the direction
24        of law enforcement; or
25            (ii) the situation involves:
26                (I) a clear and present danger of imminent



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1            death or great bodily harm to persons resulting
2            from a kidnapping or the holding of a hostage by
3            force or the threat of the imminent use of force,
4            or the occupation by force or the threat of the
5            imminent use of force of any premises, place,
6            vehicle, vessel, or aircraft;
7                (II) an abduction investigation;
8                (III) conspiratorial activities characteristic
9            of organized crime;
10                (IV) an immediate threat to national security
11            interest; or
12                (V) an ongoing attack on a computer comprising
13            a felony.
14        (B) In all emergency cases, an application for an order
15    approving the previous or continuing obtaining of location
16    information must be made within 72 hours of its
17    commencement. In the absence of the order, or upon its
18    denial, any continuing obtaining of location information
19    gathering shall immediately terminate. In order to approve
20    obtaining location information, the judge must make a
21    determination (i) that he or she would have granted an
22    order had the information been before the court prior to
23    the obtaining of the location information and (ii) there
24    was an emergency situation as defined in this paragraph
25    (6).
26        (C) In the event that an application for approval under



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1    this paragraph (6) is denied the location information
2    obtained under this exception shall be inadmissible in
3    accordance with Section 20 of this Act; or
4    (7) to obtain location information relating to an
5electronic device used to track a vehicle or an effect which is
6owned or leased by that law enforcement agency.
7    Section 20. Admissibility. If the court finds by a
8preponderance of the evidence that a law enforcement agency
9obtained current or future location information pertaining to a
10person or his or her effects in violation of Section 10 or 15
11of this Act, then the information shall be presumed to be
12inadmissible in any judicial or administrative proceeding. The
13State may overcome this presumption by proving the
14applicability of a judicially recognized exception to the
15exclusionary rule of the Fourth Amendment to the United States
16Constitution or Article I, Section 6 of the Illinois
17Constitution, or by a preponderance of the evidence that the
18law enforcement officer was acting in good faith and reasonably
19believed that one or more of the exceptions identified in
20Section 15 existed at the time the location information was
22    Section 25. Providing location information to a law
23enforcement agency not required. Nothing in this Act shall be
24construed to require a person to provide current or future



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1location information to a law enforcement agency under Section
3    Section 30. Inapplicability. This Act does not apply to a
4law enforcement agency obtaining basic subscriber information
5from a service provider under a valid subpoena, court order, or
6search warrant.
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".