SB2562 Engrossed LRB100 17764 SLF 32942 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Freedom from Drone Surveillance Act is
5		amended by changing Section 15 and 35 as follows:
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.
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.)
13		(725 ILCS 167/35)
14		Sec. 35. Reporting.
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.
5		(Source: P.A. 98-569, eff. 1-1-14.)