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Public Act 102-0597


 

Public Act 0597 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0597
 
HB2553 EnrolledLRB102 13483 RLC 18830 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Protecting Household Privacy Act.
 
    Section 5. Definitions. As used in this Act:
    "Electronic communication" means any origination,
transmission, emission, transfer, or reception of signs,
signals, data, writings, images, video, audio, or intelligence
of any nature by telephone, including cellular telephones or a
wire, Internet, wireless, radio, electromagnetic,
photo-electronic or photo-optical system, cable television,
fiber optic, satellite, microwave, Internet-based or wireless
distribution network, system, facility or related technology.
    "Household" means any single or multiple family dwelling,
including but not limited to a single family home, house,
apartment, mobile home, trailer, building, condominium,
duplex, townhouse, or other living quarters, used or intended
to be used as a dwelling place and immediately surrounding
area.
    "Household electronic device" means any device primarily
intended for use within a household that is capable of
facilitating any electronic communication, excluding personal
computing devices and digital gateway devices. For purposes of
this Act: "personal computing device" means a personal
computer, cell phone, smartphone, or tablet; and "digital
gateway device" means a modem, router, wireless access point,
or cable set-top box serviced by a cable provider.
    "Household electronic data" means any information or input
provided by a person to a household electronic device.
    "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 and to enforce criminal
laws.
 
    Section 10. Prohibited use of household electronic data.
Except as provided in Section 15, a law enforcement agency
shall not obtain household electronic data or direct the
acquisition of household electronic data from a private third
party.
 
    Section 15. Exceptions. This Act does not prohibit a law
enforcement agency from obtaining household electronic data:
    (1) If a law enforcement agency first obtains a warrant
under Section 108-4 of the Code of Criminal Procedure of 1963.
    (2) To respond to a call for emergency services concerning
the user or possessor of a household electronic device.
    (3) In an emergency situation:
        (A) involving a clear and present danger of imminent
    death or great bodily harm to a person or persons
    resulting from a kidnapping, abduction, or the holding of
    a hostage by force or the threat of the imminent use of
    force;
        (B) where 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 household electronic data would issue were
    there prior judicial review;
        (C) the household electronic data is necessary and the
    only potential data available to prevent imminent death or
    great bodily harm to a person or persons; and
        (D) the data must and can be accessed before a warrant
    could be issued to prevent imminent death or great bodily
    harm to a person or persons.
    (4) With the lawful consent of the owner of the household
electronic device or person in actual or constructive
possession of the household electronic device, excluding law
enforcement personnel.
    (5) In all emergency cases arising under paragraph (2) or
(3), an application for a search warrant approving the
previous obtaining of household electronic data must be made
within 72 hours of its commencement. In order to approve
obtaining household electronic data, the judge must make a
determination:
        (A) that he or she would have granted a search warrant
    had the information been before the court prior to the
    obtaining of the household electronic data; and
        (B) there was an emergency situation as defined in
    subparagraph (C) of paragraph (3).
    If an application for approval under this paragraph is
denied, the household electronic data obtained under this
exception shall be inadmissible in accordance with Section 30.
 
    Section 20. Information retention. If a law enforcement
agency obtains household electronic data under paragraphs (1)
through (3) of Section 15 and does not file criminal charges,
the agency shall destroy all information obtained within 60
days after obtaining the data, 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.
 
    Section 25. Information disclosure by law enforcement
agencies.
    (a) If a law enforcement agency obtains household
electronic data under Section 15, the agency shall not
disclose any information obtained, except that a supervisor of
that agency may disclose particular information to another
government agency, employee of a government agency, or
material witness:
        (1) if the information is relevant to a criminal
    proceeding or investigation by a grand jury; or
        (2) with the lawful consent of the owner, or person in
    actual or constructive possession, of the household
    electronic device.
    (b) When disclosing household electronic data to any other
party, the disclosing law enforcement agency must make
reasonable efforts to limit disclosure to the minimum
necessary to accomplish the intended purpose of the
disclosure.
 
    Section 30. Admissibility. If the court finds by a
preponderance of the evidence that a law enforcement agency
obtained household electronic data pertaining to a person or
his or her effects in violation of this Act, then the
information shall be presumed to be inadmissible in any
judicial or administrative proceeding. The State may overcome
this presumption by proving the applicability of a judicially
recognized exception to the exclusionary rule of the Fourth
Amendment to the United States Constitution or Section 6 of
Article I of the Illinois Constitution, or by a preponderance
of the evidence that the law enforcement officer was acting in
good faith and reasonably believed that one or more of the
exceptions identified in Section 15 existed at the time the
household electronic data was obtained.
 
    Section 35. Providing household electronic data to a law
enforcement agency not required. Except as provided in
Section 15, nothing in this Act shall be construed to require a
person or entity to provide household electronic data to a law
enforcement agency under this Act. If law enforcement acquires
information from a household electronic device under Section
15, any information so acquired is subject to Sections 20 and
25.
 
    Section 40. Security of production. Any person or entity
that provides household electronic data in response to a
request from any law enforcement agency under this Act shall
take reasonable measures to ensure the confidentiality,
integrity, and security of any household electronic data
during transmission to any law enforcement agency, and to
limit any production of household electronic data to
information responsive to the law enforcement agency request.
 
    Section 45. Limitation. Nothing in this Act shall be
construed to apply to the interception, recording, wiretap, or
other acquisition of electronic communications as they are
transmitted in real time.
 
    Section 50. Conflict with other laws. In the event of any
conflict between this Act and any applicable federal or State
law, the requirement that establishes the higher standard for
law enforcement to obtain information shall govern. Nothing in
this Act prohibits the use of a lawful grand jury subpoena to
obtain information which was obtainable by grand jury subpoena
prior to the effective date of this Act.
 
    Section 55. Liability. Nothing in this Act expands
existing civil or criminal liability of an individual or
entity arising under any applicable federal or State law.

Effective Date: 1/1/2022