Illinois Compiled Statutes
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CRIMINAL PROCEDURE725 ILCS 168/1
(725 ILCS 168/) Freedom From Location Surveillance Act.
(725 ILCS 168/5)
For the purpose of this Act:
"Basic subscriber information" means name, address, local and long distance telephone connection records or records of session time and durations; length of services, including start dates, and types of services utilized; telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and the means and source of payment for the service, including the credit card or bank account number.
"Electronic device" means any device that enables access to, or use of:
(1) an electronic communication service that provides
the ability to send or receive wire or electronic communications;
(2) a remote computing service that provides computer
storage or processing services by means of an electronic communications system; or
(3) a location information service such as a global
positioning service or other mapping, locational, or directional information service.
"Electronic device" does not mean devices used by a governmental agency or by a company operating under a contract with a governmental agency for toll collection, traffic enforcement, or license plate reading.
"Law enforcement agency" means any agency of this State or a political subdivision of this State which is vested by law with the duty to maintain public order or enforce criminal laws.
"Location information" means any information concerning the location of an electronic device that, in whole or in part, is generated by or derived from the operation of that device.
"Social networking website" has the same meaning ascribed to the term in subsection (b) of Section 10 of the Right to Privacy in the Workplace Act.
(Source: P.A. 98-1104, eff. 8-26-14; 99-610, eff. 1-1-17
(725 ILCS 168/15)
This Act does not prohibit a law enforcement agency from seeking to obtain location information:
(1) to respond to a call for emergency services
concerning the user or possessor of an electronic device;
(2) with the lawful consent of the owner of the
electronic device or person in actual or constructive possession of the item being tracked by the electronic device;
(3) to lawfully obtain location information broadly
available to the general public without a court order when the location information is posted on a social networking website, or is metadata attached to images and video, or to determine the location of an Internet Protocol (IP) address through a publicly available service;
(4) to obtain location information generated by an
electronic device used as a condition of release from a penal institution, as a condition of pre-trial release, probation, conditional discharge, parole, mandatory supervised release, or other sentencing order, or to monitor an individual released under the Sexually Violent Persons Commitment Act or the Sexually Dangerous Persons Act;
(5) to aid in the location of a missing person;
(6) in emergencies as follows:
(A) Notwithstanding any other provisions of this
Act, any investigative or law enforcement officer may seek to obtain location information in an emergency situation as defined in this paragraph (6). This paragraph (6) applies only when there was no previous notice of the emergency to the investigative or law enforcement officer sufficient to obtain prior judicial approval, and the officer reasonably believes that an order permitting the obtaining of location information would issue were there prior judicial review. An emergency situation exists when:
(i) the use of the electronic device is
necessary for the protection of the investigative or law enforcement officer or a person acting at the direction of law enforcement; or
(ii) the situation involves:
(aa) a clear and present danger of
imminent death or great bodily harm to persons resulting from:
(I) the use of force or the threat of
the imminent use of force,
(II) a kidnapping or the holding of a
hostage by force or the threat of the imminent use of force, or
(III) the occupation by force or the
threat of the imminent use of force of any premises, place, vehicle, vessel, or aircraft;
(bb) an abduction investigation;
(cc) conspiratorial activities
characteristic of organized crime;
(dd) an immediate threat to national
(ee) an ongoing attack on a computer
(ff) escape under Section 31-6 of the
(B) In all emergency cases, an application for an
order approving the previous or continuing obtaining of location information must be made within 72 hours of its commencement. In the absence of the order, or upon its denial, any continuing obtaining of location information gathering shall immediately terminate. In order to approve obtaining location information, the judge must make a determination (i) that he or she would have granted an order had the information been before the court prior to the obtaining of the location information and (ii) there was an emergency situation as defined in this paragraph (6).
(C) In the event that an application for
approval under this paragraph (6) is denied, the location information obtained under this exception shall be inadmissible in accordance with Section 20 of this Act; or
(7) to obtain location information relating to an
electronic device used to track a vehicle or an effect which is owned or leased by that law enforcement agency.
(Source: P.A. 101-460, eff. 8-23-19.)