Illinois General Assembly - Full Text of SB2562
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Full Text of SB2562  100th General Assembly


Rep. John C. D'Amico

Filed: 5/28/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2562 by replacing
3everything after the enacting clause with the following:
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.
8    (a) This Act does not prohibit the use of a drone by a law
9enforcement agency:
10        (1) To counter a high risk of a terrorist attack by a
11    specific individual or organization if the United States
12    Secretary of Homeland Security determines that credible
13    intelligence indicates that there is that risk.
14        (2) If a law enforcement agency first obtains a search
15    warrant based on probable cause issued under Section 108-3
16    of the Code of Criminal Procedure of 1963. The warrant must



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1    be limited to a period of 45 days, renewable by the judge
2    upon a showing of good cause for subsequent periods of 45
3    days.
4        (3) If a law enforcement agency possesses reasonable
5    suspicion that, under particular circumstances, swift
6    action is needed to prevent imminent harm to life, or to
7    forestall the imminent escape of a suspect or the
8    destruction of evidence. The use of a drone under this
9    paragraph (3) is limited to a period of 48 hours. Within 24
10    hours of the initiation of the use of a drone under this
11    paragraph (3), the chief executive officer of the law
12    enforcement agency must report in writing the use of a
13    drone to the local State's Attorney.
14        (4) If a law enforcement agency is attempting to locate
15    a missing person, and is not also undertaking a criminal
16    investigation.
17        (5) If a law enforcement agency is using a drone solely
18    for crime scene and traffic crash scene photography. Crime
19    scene and traffic crash photography must be conducted in a
20    geographically confined and time-limited manner to
21    document specific occurrences. The use of a drone under
22    this paragraph (5) on private property requires either a
23    search warrant based on probable cause under Section 108-3
24    of the Code of Criminal Procedure of 1963 or lawful consent
25    to search. The use of a drone under this paragraph (5) on
26    lands, highways, roadways, or areas belonging to this State



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1    or political subdivisions of this State does not require a
2    search warrant or consent to search. Any law enforcement
3    agency operating a drone under this paragraph (5) shall
4    make every reasonable attempt to only photograph the crime
5    scene or traffic crash scene and avoid other areas.
6        (6) If a law enforcement agency is using a drone during
7    a disaster or public health emergency, as defined by
8    Section 4 of the Illinois Emergency Management Agency Act.
9    The use of a drone under this paragraph (6) does not
10    require an official declaration of a disaster or public
11    health emergency prior to use. A law enforcement agency may
12    use a drone under this paragraph (6) to obtain information
13    necessary for the determination of whether or not a
14    disaster or public health emergency should be declared, to
15    monitor weather or emergency conditions, to survey damage,
16    or to otherwise coordinate response and recovery efforts.
17    The use of a drone under this paragraph (6) is permissible
18    during the disaster or public health emergency and during
19    subsequent response and recovery efforts.
20        (7) If a law enforcement agency is using a drone to
21    prepare for or monitor safety and security at a large-scale
22    event, if drone usage is limited to legitimate public
23    safety purposes, including, but not limited to, evaluating
24    crowd size, density, or movement; assessing public safety
25    vulnerabilities or weaknesses; determining appropriate
26    staffing levels for law enforcement or other public safety



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1    personnel; or identifying possible criminal activity. In
2    this paragraph (7), "large-scale event" means a publicly or
3    privately held event reasonably estimated, at the
4    inception of the event, to be attended by more than 1500
5    persons at a sports or entertainment arena, stadium,
6    convention hall, special event center, amusement facility,
7    a special event area licensed or permitted for use under
8    the authority of a unit of local government, or an event
9    open to the public that takes place on a public way or
10    government-owned property. A law enforcement agency that
11    uses a drone under this paragraph (7) shall not equip the
12    drone with facial recognition or biometric technology,
13    tear gas canisters, stun gun technology, or any other
14    dangerous or deadly weapon or fire a projectile from a
15    drone. In this paragraph (7), "dangerous or deadly weapon"
16    means any firearm, or other weapon, device, instrument,
17    material, or substance, whether animate or inanimate,
18    which in the manner it is used or is intended to be used is
19    known to be capable of producing death or serious bodily
20    injury.
21    (b) Supervisory approval must be obtained by the drone
22operator prior to the deployment of a drone under subsection
23(a) of this Section.
24    (c) Each law enforcement agency shall have a written policy
25addressing drone usage and reporting prior to deploying a
26drone. That policy shall comply with the provisions of this Act



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1and must be made available to the public.
2    (d) Any use of a drone under subsection (a) of this Section
3shall continue to be subject to the United States Constitution
4and the Illinois Constitution and all applicable State and
5federal rules, regulations, and laws.
6(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)
7    (725 ILCS 167/35)
8    Sec. 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
13        (1) the number of drones that the law enforcement
14    agency it owns; and
15        (2) the number of times in the previous year that the
16    law enforcement agency has deployed a drone under each of
17    the exceptions under Section 15 of this Act, including the
18    exception used, the date of the deployment, and location of
19    the deployment.
20    (b) On July 1 of each year, the Authority shall publish on
21its publicly available website a concise report that lists
22every law enforcement agency that owns a drone, and for each of
23those agencies, the number of drones that it owns.
24(Source: P.A. 98-569, eff. 1-1-14.)



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