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