Full Text of HB2134 101st General Assembly
HB2134ham003 101ST GENERAL ASSEMBLY | Rep. Ann M. Williams Filed: 3/18/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2134
| 2 | | AMENDMENT NO. ______. Amend House Bill 2134 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom From Location Surveillance Act is | 5 | | amended by changing Sections 10, 15, 20, and 25 as follows: | 6 | | (725 ILCS 168/10) | 7 | | Sec. 10. Court authorization. Except as provided in | 8 | | Section 15, a law enforcement agency shall not obtain current | 9 | | or future location information pertaining to a person or his or | 10 | | her effects without first obtaining a court order under Section | 11 | | 108-4 of the Code of Criminal Procedure of 1963 based on | 12 | | probable cause to believe that the person whose location | 13 | | information is sought has committed, is committing, or is about | 14 | | to commit a crime or the effect is evidence of a crime, or if | 15 | | the location information is authorized under an arrest warrant | 16 | | issued under Section 107-9 of the Code of Criminal Procedure of |
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| 1 | | 1963 to aid in the apprehension or the arrest of the person | 2 | | named in the arrest warrant. An order issued under a finding of | 3 | | probable cause under this Section must be limited to a period | 4 | | of 60 days, renewable by the judge upon a showing of good cause | 5 | | for subsequent periods of 60 days. A court may grant a law | 6 | | enforcement entity's request to obtain current or future | 7 | | location information under this Section through testimony made | 8 | | by electronic means using a simultaneous video and audio | 9 | | transmission between the requestor and a judge, based on sworn | 10 | | testimony communicated in the transmission. The entity making | 11 | | the request, and the court authorizing the request shall follow | 12 | | the procedure under subsection (c) of Section 108-4 of the Code | 13 | | of Criminal Procedure of 1963 which authorizes the electronic | 14 | | issuance of search warrants.
| 15 | | (Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17 .) | 16 | | (725 ILCS 168/15) | 17 | | Sec. 15. Exceptions. This Act does not prohibit a law | 18 | | enforcement agency from seeking to obtain current or future | 19 | | location information: | 20 | | (1) to respond to a call for emergency services | 21 | | concerning the user or possessor of an electronic device; | 22 | | (2) with the lawful consent of the owner of the | 23 | | electronic device or person in actual or constructive | 24 | | possession of the item being tracked by the electronic | 25 | | device; |
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| 1 | | (3) to lawfully obtain location information broadly | 2 | | available to the general public without a court order when | 3 | | the location information is posted on a social networking | 4 | | website, or is metadata attached to images and video, or to | 5 | | determine the location of an Internet Protocol (IP) address | 6 | | through a publicly available service; | 7 | | (4) to obtain location information generated by an | 8 | | electronic device used as a condition of release from a | 9 | | penal institution, as a condition of pre-trial release, | 10 | | probation, conditional discharge, parole, mandatory | 11 | | supervised release, or other sentencing order, or to | 12 | | monitor an individual released under the Sexually Violent | 13 | | Persons Commitment Act or the Sexually Dangerous Persons | 14 | | Act; | 15 | | (5) to aid in the location of a missing person;
| 16 | | (6) in emergencies as follows: | 17 | | (A) Notwithstanding any other provisions of this | 18 | | Act, any investigative or law enforcement officer may | 19 | | seek to obtain location information in an emergency | 20 | | situation as defined in this paragraph (6). This | 21 | | paragraph (6) applies only when there was no previous | 22 | | notice of the emergency to the investigative or law | 23 | | enforcement officer sufficient to obtain prior | 24 | | judicial approval, and the officer reasonably believes | 25 | | that an order permitting the obtaining of location | 26 | | information would issue were there prior judicial |
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| 1 | | review. An emergency situation exists when: | 2 | | (i) the use of the electronic device is | 3 | | necessary for the protection of the investigative | 4 | | or law enforcement officer or a person acting at | 5 | | the direction of law enforcement; or | 6 | | (ii) the situation involves: | 7 | | (aa) a clear and present danger of | 8 | | imminent death or great bodily harm to persons | 9 | | resulting from: | 10 | | (I) the use of force or the threat of | 11 | | the imminent use of force, | 12 | | (II) a kidnapping or the holding of a | 13 | | hostage by force or the threat of the | 14 | | imminent use of force, or | 15 | | (III) the occupation by force or the | 16 | | threat of the imminent use of force of any | 17 | | premises, place, vehicle, vessel, or | 18 | | aircraft; | 19 | | (bb) an abduction investigation; | 20 | | (cc) conspiratorial activities | 21 | | characteristic of organized crime; | 22 | | (dd) an immediate threat to national | 23 | | security interest; | 24 | | (ee) an ongoing attack on a computer | 25 | | comprising a felony; or | 26 | | (ff) escape under Section 31-6 of the |
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| 1 | | Criminal Code of 2012. | 2 | | (B) In all emergency cases, an application for an | 3 | | order approving the previous or continuing obtaining | 4 | | of location information must be made within 72 hours of | 5 | | its commencement. In the absence of the order, or upon | 6 | | its denial, any continuing obtaining of location | 7 | | information gathering shall immediately terminate. In | 8 | | order to approve obtaining location information, the | 9 | | judge must make a determination (i) that he or she | 10 | | would have granted an order had the information been | 11 | | before the court prior to the obtaining of the location | 12 | | information and (ii) there was an emergency situation | 13 | | as defined in this paragraph (6). | 14 | | (C) In the event that an application for approval | 15 | | under this paragraph (6) is denied, the location | 16 | | information obtained under this exception shall be | 17 | | inadmissible in accordance with Section 20 of this Act; | 18 | | or
| 19 | | (7) to obtain location information relating to an | 20 | | electronic device used to track a vehicle or an effect | 21 | | which is owned or leased by that law enforcement agency.
| 22 | | (Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17 .) | 23 | | (725 ILCS 168/20)
| 24 | | Sec. 20. Admissibility. If the court finds by a | 25 | | preponderance of the evidence that a law enforcement agency |
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| 1 | | obtained current or future location information pertaining to a | 2 | | person or his or her effects in violation of Section 10 or 15 | 3 | | of this Act, then the information shall be presumed to be | 4 | | inadmissible in any judicial or administrative proceeding. The | 5 | | State may overcome this presumption by proving the | 6 | | applicability of a judicially recognized exception to the | 7 | | exclusionary rule of the Fourth Amendment to the United States | 8 | | Constitution or Article I, Section 6 of the Illinois | 9 | | Constitution, or by a preponderance of the evidence that the | 10 | | law enforcement officer was acting in good faith and reasonably | 11 | | believed that one or more of the exceptions identified in | 12 | | Section 15 existed at the time the location information was | 13 | | obtained.
| 14 | | (Source: P.A. 98-1104, eff. 8-26-14.) | 15 | | (725 ILCS 168/25)
| 16 | | Sec. 25. Providing location information to a law | 17 | | enforcement agency not required. Nothing in this Act shall be | 18 | | construed to require a person to provide current or future | 19 | | location information to a law enforcement agency under Section | 20 | | 15.
| 21 | | (Source: P.A. 98-1104, eff. 8-26-14.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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