Public Act 099-0622

SB2343 Enrolled LRB099 18271 SLF 42642 b

AN ACT concerning the use of cell site simulator devices.

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

Citizen Privacy Protection Act.

Section 5. Definitions. As used in this Act:

"Cell site simulator device" means a device that transmits

or receives radio waves to or from a communications device that

can be used to intercept, collect, access, transfer, or forward

the data transmitted or received by the communications device,

or stored on the communications device, including an

international mobile subscriber identity (IMSI) catcher or

other cell phone or telephone surveillance or eavesdropping

device that mimics a cellular base station and transmits radio

waves that cause cell phones or other communications devices in

the area to transmit or receive radio waves, electronic data,

location data, information used to calculate location,

identifying information, communications content, or metadata,

or otherwise obtains this information through passive means,

such as through the use of a digital analyzer or other passive

interception device. "Cell site simulator device" does not

include any device used or installed by an electric utility

solely to the extent the device is used by that utility to

measure electrical usage, to provide services to customers, or

to operate the electric grid.

"Communications device" means any electronic device that

transmits signs, signals, writings, images, sounds, or data in

whole or in part by a wire, radio, electromagnetic,

photoelectric, or photo-optical system.

"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 cell site simulator devices.

A law enforcement agency may not use a cell site simulator

device, except to locate or track the location of a

communications device or to identify a communications device.

Except as provided in Section 15 of the Freedom From Location

Surveillance Act, a court order based on probable cause that a

person whose location information is sought has committed, is

committing, or is about to commit a crime, is required for any

permitted use of a cell site simulator device.

Section 15. Application for court order.

(a) An application for a court order to use a cell site

simulator device, including an emergency application under

subparagraph (B) of paragraph (6) of Section 15 of the Freedom

From Location Surveillance Act, must include:

(1) a description of the nature and capabilities of the

cell site simulator device that will be used and the manner

and method of its deployment, including whether the cell

site simulator device will obtain data from non-target

communications devices; and

(2) a description of the procedures that will be

followed to protect the privacy of non-targets during the

investigation, including the deletion of data obtained

from non-target communications devices.

(b) If the cell site simulator device is used to locate or

track a known communications device, all non-target data must

be deleted as soon as reasonably practicable, but no later than

once every 24 hours.

(c) If the cell site simulator device is used to identify

an unknown communications device, all non-target data must be

deleted as soon as reasonably practicable, but no later than

within 72 hours of the time that the unknown communications

device is identified, absent a court order preserving the

non-target data and directing that it be filed under seal with

the court. The court may retain data obtained from a non-target

communications device under a court order showing good cause

for no longer than the period required under Supreme Court

Rules. The law enforcement agency is prohibited from accessing

data obtained from a non-target communications device for the

purpose of any investigation not authorized by the original

court order.

(d) A court order issued under this Section may be sealed

upon a showing of need, but for no more than 180 days, with any

extensions to be granted upon a certification that an

investigation remains active or a showing of exceptional

circumstances.

Section 20. Admissibility. If the court finds by a

preponderance of the evidence that a law enforcement agency

used a cell site simulator to gather information in violation

of the limits in Sections 10 and 15 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 U.S. Constitution or Article I, Section 6 of

the Illinois Constitution to the information. Nothing in this

Act shall be deemed to prevent a court from independently

reviewing the admissibility of the information for compliance

with the aforementioned provisions of the U.S. and Illinois

Constitutions.