Illinois General Assembly - Full Text of HB2553
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2553  102nd General Assembly

HB2553 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2553

 

Introduced 2/19/2021, by Rep. Ann M. Williams

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Protecting Household Privacy Act. Provides that a law enforcement agency shall not obtain household electronic data or direct the acquisition of household electronic data from a private third party, unless (i) the law enforcement agency obtains a court order based upon probable cause, or (ii) the owner of the household electronic device consents to voluntarily provide the desired household electronic data. Provides that if a law enforcement agency obtains household electronic data, the agency within 30 days shall destroy all information obtained, except that a supervisor at that agency may retain particular information if (1) there is reasonable suspicion that the information contains evidence of criminal activity, or (2) the information is relevant to an ongoing investigation or pending criminal trial.


LRB102 13483 RLC 18830 b

 

 

A BILL FOR

 

HB2553LRB102 13483 RLC 18830 b

1    AN ACT concerning criminal law.
 
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
5Protecting Household Privacy Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Electronic communication" means any origination,
8transmission, emission, transfer, or reception of signs,
9signals, data, writings, images, video, audio, or intelligence
10of any nature by telephone, including cellular telephones or a
11wire, Internet, wireless, radio, electromagnetic,
12photo-electronic or photo-optical system, cable television,
13fiber optic, satellite, microwave, Internet-based or wireless
14distribution network, system, facility or related technology.
15    "Household" means any single or multiple family dwelling,
16including but not limited to a single family home, house,
17apartment, mobile home, trailer, building, condominium,
18duplex, townhouse, or other living quarters, used or intended
19to be used as a dwelling place and immediately surrounding
20area.
21    "Household electronic device" means any device intended
22for use within a household that is capable of facilitating any
23electronic communication.

 

 

HB2553- 2 -LRB102 13483 RLC 18830 b

1    "Household electronic data" means any information or input
2provided by a person to a household electronic device.
3    "Law enforcement agency" means any agency of this State or
4a political subdivision of this State which is vested by law
5with the duty to maintain public order and to enforce criminal
6laws.
 
7    Section 10. Prohibited use of household electronic data.
8Except as provided in Section 15, a law enforcement agency
9shall not obtain household electronic data or direct the
10acquisition of household electronic data from a private third
11party.
 
12    Section 15. Exceptions. This Act does not prohibit a law
13enforcement agency from obtaining household electronic data
14if:
15        (1) If a law enforcement agency first obtains a court
16    order under Section 108-4 of the Code of Criminal
17    Procedure of 1963 based on probable cause to believe that
18    the person whose household electronic data is sought has
19    committed, is committing, or is about to commit a crime or
20    the effect is evidence of a crime, or if the household
21    electronic data is authorized under an arrest warrant
22    issued under Section 107-9 of the Code of Criminal
23    Procedure of 1963 to aid in the apprehension or the arrest
24    of the person named in the arrest warrant. An order issued

 

 

HB2553- 3 -LRB102 13483 RLC 18830 b

1    under a finding of probable cause under this Section must
2    be limited to a period of 60 days, renewable by the judge
3    upon a showing of good cause for subsequent periods of 60
4    days. A court may grant a law enforcement entity's request
5    to obtain household electronic data under this Section
6    through testimony made by electronic means using a
7    simultaneous video and audio transmission between the
8    requestor and a judge, based on sworn testimony
9    communicated in the transmission. The entity making the
10    request, and the court authorizing the request shall
11    follow the procedure under subsection (c) of Section 108-4
12    of the Code of Criminal Procedure of 1963 which authorizes
13    the electronic issuance of search warrants; or
14        (2) The owner of the household electronic device
15    consents to voluntarily provide the desired household
16    electronic data.
 
17    Section 20. Information retention. If a law enforcement
18agency obtains household electronic data under Section 15 of
19this Act, the agency within 30 days shall destroy all
20information obtained, except that a supervisor at that agency
21may retain particular information if:
22        (1) there is reasonable suspicion that the information
23    contains evidence of criminal activity, or
24        (2) the information is relevant to an ongoing
25    investigation or pending criminal trial.
 

 

 

HB2553- 4 -LRB102 13483 RLC 18830 b

1    Section 25. Information disclosure by law enforcement
2agencies. If a law enforcement agency obtains household
3electronic data under Section 15 of this Act, the agency shall
4not disclose any information obtained, except that a
5supervisor of that agency may disclose particular information
6to another government agency, if (1) there is reasonable
7suspicion that the information contains evidence of criminal
8activity, or (2) the information is relevant to an ongoing
9investigation or pending criminal trial.
 
10    Section 30. Admissibility. If the court finds by a
11preponderance of the evidence that a law enforcement agency
12obtained household electronic data pertaining to a person or
13his or her effects in violation of this Act, then the
14information shall be presumed to be inadmissible in any
15judicial or administrative proceeding. The State may overcome
16this presumption by proving the applicability of a judicially
17recognized exception to the exclusionary rule of the Fourth
18Amendment to the United States Constitution or Article I,
19Section 6 of the Illinois Constitution, or by a preponderance
20of the evidence that the law enforcement officer was acting in
21good faith and reasonably believed that one or more of the
22exceptions identified in Section 15 of this Act existed at the
23time the household electronic data was obtained.
 

 

 

HB2553- 5 -LRB102 13483 RLC 18830 b

1    Section 35. Providing household electronic data to a law
2enforcement agency not required. Except as provided in Section
315, nothing in this Act shall be construed to require a person
4or entity to provide household electronic data to a law
5enforcement agency under this Act. If law enforcement acquires
6information from a household electronic device under Section
715 of this Act, any information so acquired is subject to
8Sections 20 and 25 of this Act.
 
9    Section 40. Security of Production. Any person or entity
10that provides household electronic data in response to a
11request from any law enforcement agency under this Act shall
12take reasonable measures to ensure the confidentiality,
13integrity, and security of any household electronic data
14provided to any law enforcement agency, and to limit any
15production of household electronic data to information
16relevant to the law enforcement agency request.