summary
Introduced
In Committee
Crossed Over
Passed
Dead
Signed/Enacted/Adopted
08/27/2013
08/27/2013
Introduced Session
98th General Assembly
Bill Summary
Creates the Freedom from Drone Surveillance Act. Provides that a law enforcement agency may not use a drone to gather information. Permits 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 signed by a judge authorizing the use of a drone; or (3) if a law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent harm to life or serious damage to property, or to forestall the imminent escape of a suspect or the destruction of evidence. Provides that a law enforcement agency may not own or use a drone that is equipped with any kind of lethal or non-lethal weapon. Provides that information obtained or collected in violation of the Act is not admissible as evidence in any criminal, civil, administrative, or other proceeding. Establishes certain information retention and reporting requirements concerning drone ownership and use.
AI Summary
This bill, titled the Freedom from Drone Surveillance Act, establishes strict limitations on how law enforcement agencies can use drones, which are defined as unmanned aerial vehicles. Generally, law enforcement cannot use drones to gather information unless specific exceptions apply: to counter a high risk of terrorism as determined by the U.S. Secretary of Homeland Security, with a judge-issued search warrant, or when there's reasonable suspicion that immediate action is needed to prevent harm, escape, or evidence destruction, though this latter exception is limited to 48 hours and requires reporting to the local State's Attorney. Drones used for locating missing persons or for crime scene and traffic crash photography are also permitted under certain conditions, with the latter requiring a warrant or consent on private property. The bill also prohibits law enforcement from using drones equipped with weapons and mandates that any information gathered in violation of these rules cannot be used as evidence in court. Furthermore, it includes provisions for information retention and disclosure, requiring most drone-collected data to be destroyed within 30 days unless it pertains to criminal activity or an ongoing investigation, and establishes annual reporting requirements for agencies owning drones to the Illinois Criminal Justice Information Authority.
Committee Categories
Justice
Sponsors (29)
Daniel Biss (D)*,
Ann Williams (D)*,
Adam Brown (R),
Kelly Burke (D),
Melinda Bush (D),
Kelly Cassidy (D),
Linda Chapa LaVia (D),
Jacqueline Collins (D),
Michael Connelly (R),
Barbara Currie (D),
Kenneth Dunkin (D),
James Durkin (R),
Keith Farnham (D),
Jack Franks (D),
Robyn Gabel (D),
William Haine (D),
Don Harmon (D),
David Harris (R),
Michael Hastings (D),
Dwight Kay (R),
Camille Lilly (D),
Sam McCann (CRV),
Kyle McCarter (R),
Chapin Rose (R),
Ronald Sandack (R),
Carol Sente (D),
Ira Silverstein (D),
André Thapedi (D),
Patricia Van Pelt (D),
Last Action
Public Act . . . . . . . . . 98-0569 (on 08/27/2013)
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