Bill Text: IL SB1455 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Freedom from Drone Surveillance Act. Defines "emotionally disturbed person" and "special event". Deletes "data" from the definition of "information". Provides that "information" does not apply to circumstances in which the drone is used over publicly owned property or private property with permission when the purpose is training peace officers, public relations, conducting infrastructure inspections, or other similar non-law enforcement purposes. Permits the use of a drone by a law enforcement agency if the law enforcement agency is assisting an emotionally disturbed person, and is not also undertaking a criminal investigation. Permits the use of a drone by a law enforcement agency at a special event to prepare for or monitor crowd size, density, and movement; assess public safety staffing; or to monitor the safety of the participants. If the special event is occurring on private property, use of a drone for this exception shall be authorized by the owners or organizers prior to flight. Provides that a law enforcement agency may use a drone to respond to Public Safety Answering Point (PSAP) dispatched calls for service, when the primary purpose for the response is to locate or assist victims, or both, identify offenders, and to guide emergency response. Provides that information gathered by a drone is subject to the disclosure and exception to disclosure provisions of the Freedom of Information Act. Makes other changes. Amends the Freedom of Information Act to make conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB1455 Detail]

Download: Illinois-2023-SB1455-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1455 Introduced 2/7/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
5 ILCS 140/7.5
725 ILCS 167/5
725 ILCS 167/15
725 ILCS 167/20
725 ILCS 167/25
Amends the Freedom from Drone Surveillance Act. Defines "emotionally disturbed person" and "special event". Deletes "data" from the definition of "information". Provides that "information" does not apply to circumstances in which the drone is used over publicly owned property or private property with permission when the purpose is training peace officers, public relations, conducting infrastructure inspections, or other similar non-law enforcement purposes. Permits the use of a drone by a law enforcement agency if the law enforcement agency is assisting an emotionally disturbed person, and is not also undertaking a criminal investigation. Permits the use of a drone by a law enforcement agency at a special event to prepare for or monitor crowd size, density, and movement; assess public safety staffing; or to monitor the safety of the participants. If the special event is occurring on private property, use of a drone for this exception shall be authorized by the owners or organizers prior to flight. Provides that a law enforcement agency may use a drone to respond to Public Safety Answering Point (PSAP) dispatched calls for service, when the primary purpose for the response is to locate or assist victims, or both, identify offenders, and to guide emergency response. Provides that information gathered by a drone is subject to the disclosure and exception to disclosure provisions of the Freedom of Information Act. Makes other changes. Amends the Freedom of Information Act to make conforming changes.
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A BILL FOR
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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 of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating

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to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information

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or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the

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Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent

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team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated

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decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.

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(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of

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Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.

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(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2023.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Department of State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Information that is prohibited from disclosure

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under the Freedom from Drone Surveillance Act.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
Section 10. The Freedom from Drone Surveillance Act is
amended by changing Sections 5, 15, 20, and 25 as follows:
(725 ILCS 167/5)
Sec. 5. Definitions. As used in this Act:
"Authority" means the Illinois Criminal Justice
Information Authority.
"Drone" means any aerial vehicle that does not carry a
human operator.
"Emotionally disturbed person" means a person who appears
to be mentally ill or temporarily deranged and is conducting
himself or herself in a manner which a peace officer
reasonably believes is likely to result in serious injury to
himself, herself, or others.
"Information" means any evidence, images, sounds, data, or

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other information gathered by a drone. "Information" does not
apply to circumstances in which the drone is used over
publicly owned property or private property with permission
when the purpose is training peace officers, public relations,
conducting infrastructure inspections, or other similar
non-law enforcement purposes.
"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.
"Special event" means a non-routine activity within a
community that brings together a large number of people.
(Source: P.A. 98-569, eff. 1-1-14.)
(725 ILCS 167/15)
Sec. 15. Exceptions. This Act does not prohibit the use of
a drone by a law enforcement agency:
(1) To counter a high risk of a terrorist attack by a
specific individual or organization if the United States
Secretary of Homeland Security determines that credible
intelligence indicates that there is that risk.
(2) If a law enforcement agency first obtains a search
warrant based on probable cause issued under Section 108-3
of the Code of Criminal Procedure of 1963. The warrant
must be limited to a period of 45 days, renewable by the
judge upon a showing of good cause for subsequent periods

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of 45 days.
(3) If a law enforcement agency possesses reasonable
suspicion that, under particular circumstances, swift
action is needed to prevent imminent harm to life, or to
forestall the imminent escape of a suspect or the
destruction of evidence. The use of a drone under this
paragraph (3) is limited to a period of 48 hours. Within 24
hours of the initiation of the use of a drone under this
paragraph (3), the chief executive officer of the law
enforcement agency must report in writing the use of a
drone to the local State's Attorney.
(4) If a law enforcement agency is attempting to
locate a missing person or assisting an emotionally
disturbed person, and is not also undertaking a criminal
investigation.
(5) If a law enforcement agency is using a drone
solely for crime scene and traffic crash scene
photography. Crime scene and traffic crash photography
must be conducted in a geographically confined and
time-limited manner to document specific occurrences. The
use of a drone under this paragraph (5) on private
property requires either a search warrant based on
probable cause under Section 108-3 of the Code of Criminal
Procedure of 1963 or lawful consent to search. The use of a
drone under this paragraph (5) on lands, highways,
roadways, or areas belonging to this State or political

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subdivisions of this State does not require a search
warrant or consent to search. Any law enforcement agency
operating a drone under this paragraph (5) shall make
every reasonable attempt to only photograph the crime
scene or traffic crash scene and avoid other areas.
(6) If a law enforcement agency is using a drone
during a disaster or public health emergency, as defined
by Section 4 of the Illinois Emergency Management Agency
Act. The use of a drone under this paragraph (6) does not
require an official declaration of a disaster or public
health emergency prior to use. A law enforcement agency
may use a drone under this paragraph (6) to obtain
information necessary for the determination of whether or
not a disaster or public health emergency should be
declared, to monitor weather or emergency conditions, to
survey damage, or to otherwise coordinate response and
recovery efforts. The use of a drone under this paragraph
(6) is permissible during the disaster or public health
emergency and during subsequent response and recovery
efforts.
(7) If a law enforcement agency is using a drone at a
special event to:
(A) prepare for or monitor crowd size, density,
and movement;
(B) assess public safety staffing; or
(C) monitor the safety of the participants.

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If the special event is occurring on private property,
use of a drone for this exception shall be authorized by
the owners or organizers prior to flight.
(8) If a law enforcement agency is using a drone to
respond to Public Safety Answering Point (PSAP) dispatched
calls for service, when the primary purpose for the
response is to locate or assist victims, or both, identify
offenders, and to guide emergency response.
(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)
(725 ILCS 167/20)
Sec. 20. Information retention. If a law enforcement
agency uses a drone under Section 15 of this Act, the agency
within 30 days shall destroy all information gathered by the
drone, except that the 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 or pending criminal trial; .
(3) the information is required to be retained to
comply with the Local Records Commission retention
schedules;
(4) a supervisor at the agency deems that the
information will be used exclusively for training
purposes.

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If a law enforcement agency uses a drone under Section 15
at any demonstration, protest, rally, march, parade, or other
gathering for the purpose of expressing political, religious,
social, or other views, the law enforcement agency shall
destroy all information gathered by the drone within 7 days,
except that the agency may retain the 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 or pending criminal trial.
(Source: P.A. 98-569, eff. 1-1-14.)
(725 ILCS 167/25)
Sec. 25. Information disclosure. Information gathered by
a drone is subject to the Freedom of Information Act. If a law
enforcement agency uses a drone under Section 15 of this Act,
the agency shall not disclose any information gathered by the
drone, except that a supervisor of that agency may disclose
particular information to another government agency, if (1)
there is reasonable suspicion that the information contains
evidence of criminal activity, or (2) the information is
relevant to an ongoing investigation or pending criminal
trial.
(Source: P.A. 98-569, eff. 1-1-14.)