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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 Drone Surveillance Act is | ||||||
5 | amended by changing Section 15 and 35 as follows:
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6 | (725 ILCS 167/15) | ||||||
7 | Sec. 15. Exceptions. This Act does not prohibit the use of | ||||||
8 | a drone by a law enforcement agency: | ||||||
9 | (1) To counter a high risk of a terrorist attack by a | ||||||
10 | specific individual or organization if the United States | ||||||
11 | Secretary of Homeland Security determines that credible | ||||||
12 | intelligence indicates that there is that risk. | ||||||
13 | (2) If a law enforcement agency first obtains a search | ||||||
14 | warrant based on probable cause issued under Section 108-3 | ||||||
15 | of the Code of Criminal Procedure of 1963. The warrant must | ||||||
16 | be limited to a period of 45 days, renewable by the judge | ||||||
17 | upon a showing of good cause for subsequent periods of 45 | ||||||
18 | days. | ||||||
19 | (3) If a law enforcement agency possesses reasonable | ||||||
20 | suspicion that, under particular circumstances, swift | ||||||
21 | action is needed to prevent imminent harm to life, or to | ||||||
22 | forestall the imminent escape of a suspect or the | ||||||
23 | destruction of evidence. The use of a drone under this |
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1 | paragraph (3) is limited to a period of 48 hours. Within 24 | ||||||
2 | hours of the initiation of the use of a drone under this | ||||||
3 | paragraph (3), the chief executive officer of the law | ||||||
4 | enforcement agency must report in writing the use of a | ||||||
5 | drone to the local State's Attorney. | ||||||
6 | (4) If a law enforcement agency is attempting to locate | ||||||
7 | a missing person, and is not also undertaking a criminal | ||||||
8 | investigation. | ||||||
9 | (5) If a law enforcement agency is using a drone solely | ||||||
10 | for crime scene and traffic crash scene photography. Crime | ||||||
11 | scene and traffic crash photography must be conducted in a | ||||||
12 | geographically confined and time-limited manner to | ||||||
13 | document specific occurrences. The use of a drone under | ||||||
14 | this paragraph (5) on private property requires either a | ||||||
15 | search warrant based on probable cause under Section 108-3 | ||||||
16 | of the Code of Criminal Procedure of 1963 or lawful consent | ||||||
17 | to search. The use of a drone under this paragraph (5) on | ||||||
18 | lands, highways, roadways, or areas belonging to this State | ||||||
19 | or political subdivisions of this State does not require a | ||||||
20 | search warrant or consent to search. Any law enforcement | ||||||
21 | agency operating a drone under this paragraph (5) shall | ||||||
22 | make every reasonable attempt to only photograph the crime | ||||||
23 | scene or traffic crash scene and avoid other areas.
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24 | (6) If a law enforcement agency is using a drone during | ||||||
25 | a disaster or public health emergency, as defined by | ||||||
26 | Section 4 of the Illinois Emergency Management Agency Act. |
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1 | The use of a drone under this paragraph (6) does not | ||||||
2 | require an official declaration of a disaster or public | ||||||
3 | health emergency prior to use. A law enforcement agency may | ||||||
4 | use a drone under this paragraph (6) to obtain information | ||||||
5 | necessary for the determination of whether or not a | ||||||
6 | disaster or public health emergency should be declared, to | ||||||
7 | monitor weather or emergency conditions, to survey damage, | ||||||
8 | or to otherwise coordinate response and recovery efforts. | ||||||
9 | The use of a drone under this paragraph (6) is permissible | ||||||
10 | during the disaster or public health emergency and during | ||||||
11 | subsequent response and recovery efforts. | ||||||
12 | (7) If a law enforcement agency is using a drone to | ||||||
13 | prepare for or monitor safety and security at a large-scale | ||||||
14 | event, if drone usage is limited to legitimate public | ||||||
15 | safety purposes, including, but not limited to, evaluating | ||||||
16 | crowd size, density, or movement; assessing public safety | ||||||
17 | vulnerabilities or weaknesses; determining appropriate | ||||||
18 | staffing levels for law enforcement or other public safety | ||||||
19 | personnel; or identifying possible criminal activity. In | ||||||
20 | this paragraph (7), "large-scale event" means a publicly or | ||||||
21 | privately held event reasonably estimated, at the | ||||||
22 | inception of the event, to be attended by more than 100 | ||||||
23 | persons at a sports or entertainment arena, stadium, | ||||||
24 | convention hall, special event center, amusement facility, | ||||||
25 | a special event area licensed or permitted for use under | ||||||
26 | the authority of a unit of local government, or an event |
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1 | open to the public that takes place on a public way or | ||||||
2 | government-owned property. A law enforcement agency that | ||||||
3 | uses a drone under this paragraph (7) shall not equip the | ||||||
4 | drone with tear gas canisters, stun gun technology, or any | ||||||
5 | other dangerous or deadly weapon or fire a projectile from | ||||||
6 | a drone. In this paragraph (7), "dangerous or deadly | ||||||
7 | weapon" means any firearm, or other weapon, device, | ||||||
8 | instrument, material, or substance, whether animate or | ||||||
9 | inanimate, which in the manner it is used or is intended to | ||||||
10 | be used is known to be capable of producing death or | ||||||
11 | serious bodily injury. | ||||||
12 | (Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15 .)
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13 | (725 ILCS 167/35)
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14 | Sec. 35. Reporting.
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15 | (a) If a law enforcement agency owns one or more drones, | ||||||
16 | then subsequent to the effective date of this Act, it shall | ||||||
17 | report in writing annually by April 1 to the Authority the | ||||||
18 | following: | ||||||
19 | (1) the number of drones that the law enforcement | ||||||
20 | agency it owns ; and | ||||||
21 | (2) the number of times in the previous year that the | ||||||
22 | law enforcement agency has deployed a drone under each of | ||||||
23 | the exceptions under Section 15 of this Act, including the | ||||||
24 | exception used, the date of the deployment, and location of | ||||||
25 | the deployment . |
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1 | (b) On July 1 of each year, the Authority shall publish on | ||||||
2 | its publicly available website a concise report that lists | ||||||
3 | every law enforcement agency that owns a drone, and for each of | ||||||
4 | those agencies, the number of drones that it owns.
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5 | (Source: P.A. 98-569, eff. 1-1-14.)
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