Illinois General Assembly - Full Text of HB5452
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Full Text of HB5452  102nd General Assembly

HB5452 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5452

 

Introduced 1/31/2022, by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7.5
725 ILCS 167/5
725 ILCS 167/15
725 ILCS 167/20
725 ILCS 167/25

    Amend the Freedom from Drone Surveillance Act. Defines "emotionally disturbed person" and "special event". Deletes "data" from the definition of "information". Provides that "information" does not apply to circumstances in which the drone is used over publicly owned property or private property with permission when the purpose is training peace officers, public relations, conducting infrastructure inspections, or other similar non-law enforcement purposes. Permits the use of a drone by a law enforcement agency if the law enforcement agency is assisting an emotionally disturbed person, and is not also undertaking a criminal investigation. Permits the use of a drone by a law enforcement agency at a special event to prepare for or monitor crowd size, density, and movement; assess public safety staffing; or to monitor the safety of the participants. If the special event is occurring on private property, use of a drone for this exception shall be authorized by the owners or organizers prior to flight. Provides that a law enforcement agency may use a drone to respond to Public Safety Answering Point (PSAP) dispatched calls for service, when the primary purpose for the response is to locate or assist victims, or both, identify offenders, and to guide emergency response. Provides that information gathered by a drone is subject to the disclosure and exception to disclosure provisions of the Freedom of Information Act. Makes other changes. Amends the Freedom of Information Act to make conforming changes.


LRB102 25343 RLC 34620 b

 

 

A BILL FOR

 

HB5452LRB102 25343 RLC 34620 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 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other
19    records prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

HB5452- 2 -LRB102 25343 RLC 34620 b

1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a
21    local emergency energy plan ordinance that is adopted
22    under Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

HB5452- 3 -LRB102 25343 RLC 34620 b

1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the
15    Capital Crimes Litigation Act. This subsection (n) shall
16    apply until the conclusion of the trial of the case, even
17    if the prosecution chooses not to pursue the death penalty
18    prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Department of Transportation under Sections 2705-300 and
26    2705-616 of the Department of Transportation Law of the

 

 

HB5452- 4 -LRB102 25343 RLC 34620 b

1    Civil Administrative Code of Illinois, the Regional
2    Transportation Authority under Section 2.11 of the
3    Regional Transportation Authority Act, or the St. Clair
4    County Transit District under the Bi-State Transit Safety
5    Act.
6        (q) Information prohibited from being disclosed by the
7    Personnel Record Review Act.
8        (r) Information prohibited from being disclosed by the
9    Illinois School Student Records Act.
10        (s) Information the disclosure of which is restricted
11    under Section 5-108 of the Public Utilities Act.
12        (t) All identified or deidentified health information
13    in the form of health data or medical records contained
14    in, stored in, submitted to, transferred by, or released
15    from the Illinois Health Information Exchange, and
16    identified or deidentified health information in the form
17    of health data and medical records of the Illinois Health
18    Information Exchange in the possession of the Illinois
19    Health Information Exchange Office due to its
20    administration of the Illinois Health Information
21    Exchange. The terms "identified" and "deidentified" shall
22    be given the same meaning as in the Health Insurance
23    Portability and Accountability Act of 1996, Public Law
24    104-191, or any subsequent amendments thereto, and any
25    regulations promulgated thereunder.
26        (u) Records and information provided to an independent

 

 

HB5452- 5 -LRB102 25343 RLC 34620 b

1    team of experts under the Developmental Disability and
2    Mental Health Safety Act (also known as Brian's Law).
3        (v) Names and information of people who have applied
4    for or received Firearm Owner's Identification Cards under
5    the Firearm Owners Identification Card Act or applied for
6    or received a concealed carry license under the Firearm
7    Concealed Carry Act, unless otherwise authorized by the
8    Firearm Concealed Carry Act; and databases under the
9    Firearm Concealed Carry Act, records of the Concealed
10    Carry Licensing Review Board under the Firearm Concealed
11    Carry Act, and law enforcement agency objections under the
12    Firearm Concealed Carry Act.
13        (v-5) Records of the Firearm Owner's Identification
14    Card Review Board that are exempted from disclosure under
15    Section 10 of the Firearm Owners Identification Card Act.
16        (w) Personally identifiable information which is
17    exempted from disclosure under subsection (g) of Section
18    19.1 of the Toll Highway Act.
19        (x) Information which is exempted from disclosure
20    under Section 5-1014.3 of the Counties Code or Section
21    8-11-21 of the Illinois Municipal Code.
22        (y) Confidential information under the Adult
23    Protective Services Act and its predecessor enabling
24    statute, the Elder Abuse and Neglect Act, including
25    information about the identity and administrative finding
26    against any caregiver of a verified and substantiated

 

 

HB5452- 6 -LRB102 25343 RLC 34620 b

1    decision of abuse, neglect, or financial exploitation of
2    an eligible adult maintained in the Registry established
3    under Section 7.5 of the Adult Protective Services Act.
4        (z) Records and information provided to a fatality
5    review team or the Illinois Fatality Review Team Advisory
6    Council under Section 15 of the Adult Protective Services
7    Act.
8        (aa) Information which is exempted from disclosure
9    under Section 2.37 of the Wildlife Code.
10        (bb) Information which is or was prohibited from
11    disclosure by the Juvenile Court Act of 1987.
12        (cc) Recordings made under the Law Enforcement
13    Officer-Worn Body Camera Act, except to the extent
14    authorized under that Act.
15        (dd) Information that is prohibited from being
16    disclosed under Section 45 of the Condominium and Common
17    Interest Community Ombudsperson Act.
18        (ee) Information that is exempted from disclosure
19    under Section 30.1 of the Pharmacy Practice Act.
20        (ff) Information that is exempted from disclosure
21    under the Revised Uniform Unclaimed Property Act.
22        (gg) Information that is prohibited from being
23    disclosed under Section 7-603.5 of the Illinois Vehicle
24    Code.
25        (hh) Records that are exempt from disclosure under
26    Section 1A-16.7 of the Election Code.

 

 

HB5452- 7 -LRB102 25343 RLC 34620 b

1        (ii) Information which is exempted from disclosure
2    under Section 2505-800 of the Department of Revenue Law of
3    the Civil Administrative Code of Illinois.
4        (jj) Information and reports that are required to be
5    submitted to the Department of Labor by registering day
6    and temporary labor service agencies but are exempt from
7    disclosure under subsection (a-1) of Section 45 of the Day
8    and Temporary Labor Services Act.
9        (kk) Information prohibited from disclosure under the
10    Seizure and Forfeiture Reporting Act.
11        (ll) Information the disclosure of which is restricted
12    and exempted under Section 5-30.8 of the Illinois Public
13    Aid Code.
14        (mm) Records that are exempt from disclosure under
15    Section 4.2 of the Crime Victims Compensation Act.
16        (nn) Information that is exempt from disclosure under
17    Section 70 of the Higher Education Student Assistance Act.
18        (oo) Communications, notes, records, and reports
19    arising out of a peer support counseling session
20    prohibited from disclosure under the First Responders
21    Suicide Prevention Act.
22        (pp) Names and all identifying information relating to
23    an employee of an emergency services provider or law
24    enforcement agency under the First Responders Suicide
25    Prevention Act.
26        (qq) Information and records held by the Department of

 

 

HB5452- 8 -LRB102 25343 RLC 34620 b

1    Public Health and its authorized representatives collected
2    under the Reproductive Health Act.
3        (rr) Information that is exempt from disclosure under
4    the Cannabis Regulation and Tax Act.
5        (ss) Data reported by an employer to the Department of
6    Human Rights pursuant to Section 2-108 of the Illinois
7    Human Rights Act.
8        (tt) Recordings made under the Children's Advocacy
9    Center Act, except to the extent authorized under that
10    Act.
11        (uu) Information that is exempt from disclosure under
12    Section 50 of the Sexual Assault Evidence Submission Act.
13        (vv) Information that is exempt from disclosure under
14    subsections (f) and (j) of Section 5-36 of the Illinois
15    Public Aid Code.
16        (ww) Information that is exempt from disclosure under
17    Section 16.8 of the State Treasurer Act.
18        (xx) Information that is exempt from disclosure or
19    information that shall not be made public under the
20    Illinois Insurance Code.
21        (yy) Information prohibited from being disclosed under
22    the Illinois Educational Labor Relations Act.
23        (zz) Information prohibited from being disclosed under
24    the Illinois Public Labor Relations Act.
25        (aaa) Information prohibited from being disclosed
26    under Section 1-167 of the Illinois Pension Code.

 

 

HB5452- 9 -LRB102 25343 RLC 34620 b

1        (bbb) (ccc) Information that is prohibited from
2    disclosure by the Illinois Police Training Act and the
3    Illinois State Police Act.
4        (ccc) (ddd) Records exempt from disclosure under
5    Section 2605-304 of the Illinois Department of State
6    Police Law of the Civil Administrative Code of Illinois.
7        (ddd) (bbb) Information prohibited from being
8    disclosed under Section 35 of the Address Confidentiality
9    for Victims of Domestic Violence, Sexual Assault, Human
10    Trafficking, or Stalking Act.
11        (eee) (ddd) Information prohibited from being
12    disclosed under subsection (b) of Section 75 of the
13    Domestic Violence Fatality Review Act.
14        (fff) Information that is prohibited from disclosure
15    under the Freedom from Drone Surveillance Act.
16(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
17101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
181-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
19eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
20101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
211-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
22eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
23102-559, eff. 8-20-21; revised 10-5-21.)
 
24    Section 10. The Freedom from Drone Surveillance Act is
25amended by changing Sections 5, 15, 20, and 25 as follows:
 

 

 

HB5452- 10 -LRB102 25343 RLC 34620 b

1    (725 ILCS 167/5)
2    Sec. 5. Definitions. As used in this Act:
3    "Authority" means the Illinois Criminal Justice
4Information Authority.
5    "Drone" means any aerial vehicle that does not carry a
6human operator.
7    "Emotionally disturbed person" means a person who appears
8to be mentally ill or temporarily deranged and is conducting
9himself or herself in a manner which a peace officer
10reasonably believes is likely to result in serious injury to
11himself, herself, or others.
12    "Information" means any evidence, images, sounds, data, or
13other information gathered by a drone. "Information" does not
14apply to circumstances in which the drone is used over
15publicly owned property or private property with permission
16when the purpose is training peace officers, public relations,
17conducting infrastructure inspections, or other similar
18non-law enforcement purposes.
19    "Law enforcement agency" means any agency of this State or
20a political subdivision of this State which is vested by law
21with the duty to maintain public order and to enforce criminal
22laws.
23    "Special event" means a non-routine activity within a
24community that brings together a large number of people.
25(Source: P.A. 98-569, eff. 1-1-14.)
 

 

 

HB5452- 11 -LRB102 25343 RLC 34620 b

1    (725 ILCS 167/15)
2    Sec. 15. Exceptions. This Act does not prohibit the use of
3a drone by a law enforcement agency:
4        (1) To counter a high risk of a terrorist attack by a
5    specific individual or organization if the United States
6    Secretary of Homeland Security determines that credible
7    intelligence indicates that there is that risk.
8        (2) If a law enforcement agency first obtains a search
9    warrant based on probable cause issued under Section 108-3
10    of the Code of Criminal Procedure of 1963. The warrant
11    must be limited to a period of 45 days, renewable by the
12    judge upon a showing of good cause for subsequent periods
13    of 45 days.
14        (3) If a law enforcement agency possesses reasonable
15    suspicion that, under particular circumstances, swift
16    action is needed to prevent imminent harm to life, or to
17    forestall the imminent escape of a suspect or the
18    destruction of evidence. The use of a drone under this
19    paragraph (3) is limited to a period of 48 hours. Within 24
20    hours of the initiation of the use of a drone under this
21    paragraph (3), the chief executive officer of the law
22    enforcement agency must report in writing the use of a
23    drone to the local State's Attorney.
24        (4) If a law enforcement agency is attempting to
25    locate a missing person or assisting an emotionally

 

 

HB5452- 12 -LRB102 25343 RLC 34620 b

1    disturbed person, and is not also undertaking a criminal
2    investigation.
3        (5) If a law enforcement agency is using a drone
4    solely for crime scene and traffic crash scene
5    photography. Crime scene and traffic crash photography
6    must be conducted in a geographically confined and
7    time-limited manner to document specific occurrences. The
8    use of a drone under this paragraph (5) on private
9    property requires either a search warrant based on
10    probable cause under Section 108-3 of the Code of Criminal
11    Procedure of 1963 or lawful consent to search. The use of a
12    drone under this paragraph (5) on lands, highways,
13    roadways, or areas belonging to this State or political
14    subdivisions of this State does not require a search
15    warrant or consent to search. Any law enforcement agency
16    operating a drone under this paragraph (5) shall make
17    every reasonable attempt to only photograph the crime
18    scene or traffic crash scene and avoid other areas.
19        (6) If a law enforcement agency is using a drone
20    during a disaster or public health emergency, as defined
21    by Section 4 of the Illinois Emergency Management Agency
22    Act. The use of a drone under this paragraph (6) does not
23    require an official declaration of a disaster or public
24    health emergency prior to use. A law enforcement agency
25    may use a drone under this paragraph (6) to obtain
26    information necessary for the determination of whether or

 

 

HB5452- 13 -LRB102 25343 RLC 34620 b

1    not a disaster or public health emergency should be
2    declared, to monitor weather or emergency conditions, to
3    survey damage, or to otherwise coordinate response and
4    recovery efforts. The use of a drone under this paragraph
5    (6) is permissible during the disaster or public health
6    emergency and during subsequent response and recovery
7    efforts.
8        (7) If a law enforcement agency is using a drone at a
9    special event to:
10            (A) prepare for or monitor crowd size, density,
11        and movement;
12            (B) assess public safety staffing; or
13            (C) monitor the safety of the participants.
14        If the special event is occurring on private property,
15    use of a drone for this exception shall be authorized by
16    the owners or organizers prior to flight.
17        (8) If a law enforcement agency is using a drone to
18    respond to Public Safety Answering Point (PSAP) dispatched
19    calls for service, when the primary purpose for the
20    response is to locate or assist victims, or both, identify
21    offenders, and to guide emergency response.
22(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)
 
23    (725 ILCS 167/20)
24    Sec. 20. Information retention. If a law enforcement
25agency uses a drone under Section 15 of this Act, the agency

 

 

HB5452- 14 -LRB102 25343 RLC 34620 b

1within 30 days shall destroy all information gathered by the
2drone, except that the a supervisor at that agency may retain
3particular information if:
4        (1) there is reasonable suspicion that the information
5    contains evidence of criminal activity; , or
6        (2) the information is relevant to an ongoing
7    investigation or pending criminal trial; .
8        (3) the information is required to be retained to
9    comply with the Local Records Commission retention
10    schedules;
11        (4) a supervisor at the agency deems that the
12    information will be used exclusively for training
13    purposes.
14    If a law enforcement agency uses a drone under Section 15
15at any demonstration, protest, rally, march, parade, or other
16gathering for the purpose of expressing political, religious,
17social, or other views, the law enforcement agency shall
18destroy all information gathered by the drone within 7 days,
19except that the agency may retain the particular information
20if:
21        (1) there is reasonable suspicion that the information
22    contains evidence of criminal activity; or
23        (2) the information is relevant to an ongoing
24    investigation or pending criminal trial.
25(Source: P.A. 98-569, eff. 1-1-14.)
 

 

 

HB5452- 15 -LRB102 25343 RLC 34620 b

1    (725 ILCS 167/25)
2    Sec. 25. Information disclosure. Information gathered by
3a drone is subject to the Freedom of Information Act. If a law
4enforcement agency uses a drone under Section 15 of this Act,
5the agency shall not disclose any information gathered by the
6drone, except that a supervisor of that agency may disclose
7particular information to another government agency, if (1)
8there is reasonable suspicion that the information contains
9evidence of criminal activity, or (2) the information is
10relevant to an ongoing investigation or pending criminal
11trial.
12(Source: P.A. 98-569, eff. 1-1-14.)