Bill Text: IL HB2134 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Freedom From Location Surveillance Act. Provides that "electronic device" means any device that enables access to, or use of an electronic communication service that provides the ability to send or receive wire or electronic communications, including wireless communications connecting the device to a telephone network. Modifies the definition of "location information" to include information concerning the location of an electronic device that, in whole or in part, is generated by or derived from the possession of the device (rather than only operation of the device). Provides that a law enforcement agency shall not obtain location information (rather than current or future location information) pertaining to a person or his or her effects without first obtaining a court order under the Code of Criminal Procedure of 1963 based on probable cause. Provides that the Act does not apply to a law enforcement agency obtaining basic subscriber information from a service provider under a valid court order or search warrant (removes subpoena). Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0460 [HB2134 Detail]

Download: Illinois-2019-HB2134-Chaptered.html



Public Act 101-0460
HB2134 EnrolledLRB101 09879 SLF 54981 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom From Location Surveillance Act is
amended by changing Sections 10, 15, 20, and 25 as follows:
(725 ILCS 168/10)
Sec. 10. Court authorization. Except as provided in
Section 15, a law enforcement agency shall not obtain current
or future location information pertaining to a person or his or
her effects without first obtaining a court order under Section
108-4 of the Code of Criminal Procedure of 1963 based on
probable cause to believe that the person whose location
information is sought has committed, is committing, or is about
to commit a crime or the effect is evidence of a crime, or if
the location information is authorized under an arrest warrant
issued under Section 107-9 of the Code of Criminal Procedure of
1963 to aid in the apprehension or the arrest of the person
named in the arrest warrant. An order issued under a finding of
probable cause under this Section must be limited to a period
of 60 days, renewable by the judge upon a showing of good cause
for subsequent periods of 60 days. A court may grant a law
enforcement entity's request to obtain current or future
location information under this Section through testimony made
by electronic means using a simultaneous video and audio
transmission between the requestor and a judge, based on sworn
testimony communicated in the transmission. The entity making
the request, and the court authorizing the request shall follow
the procedure under subsection (c) of Section 108-4 of the Code
of Criminal Procedure of 1963 which authorizes the electronic
issuance of search warrants.
(Source: P.A. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17.)
(725 ILCS 168/15)
Sec. 15. Exceptions. This Act does not prohibit a law
enforcement agency from seeking to obtain current or future
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
security interest;
(ee) an ongoing attack on a computer
comprising a felony; or
(ff) escape under Section 31-6 of the
Criminal Code of 2012.
(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. 98-1104, eff. 8-26-14; 99-798, eff. 1-1-17.)
(725 ILCS 168/20)
Sec. 20. Admissibility. If the court finds by a
preponderance of the evidence that a law enforcement agency
obtained current or future location information pertaining to a
person or his or her effects in violation of Section 10 or 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 United States
Constitution or Article I, Section 6 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 location information was
obtained.
(Source: P.A. 98-1104, eff. 8-26-14.)
(725 ILCS 168/25)
Sec. 25. Providing location information to a law
enforcement agency not required. Nothing in this Act shall be
construed to require a person to provide current or future
location information to a law enforcement agency under Section
15.
(Source: P.A. 98-1104, eff. 8-26-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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