Sen. Daniel Biss
Filed: 3/14/2013
 
 

 

 

 
09800SB1586sam001LRB098 08316 RLC 43009 a



1
AMENDMENT TO SENATE BILL 1586




2    AMENDMENT NO. ______. Amend Senate Bill 1586 by replacing 
3everything after the enacting clause with the following:




 
4    "Section 1. Short title. This Act may be cited as the 
5Freedom From GPS Surveillance Act.
 
6    Section 5. Definitions. 
For the purpose of this Act:
7    "GPS device" means any device which uses the Global 
8Positioning System to locate or track the movements of a person 
9or object.
10    "GPS location information" means information about the 
11location or movements of a person or object derived from a GPS 
12device.
13    "GPS service provider" means a provider of locational, 
14mapping, or directional services by means of a GPS device.
15    "Law enforcement agent" means any law enforcement officer 
16of an agency of the State or political subdivision of the State 
 
 
09800SB1586sam001- 2 -LRB098 08316 RLC 43009 a

1who is vested by law with the duty to maintain public order or 
2enforce criminal laws.
 
3    Section 10. Warrant. Except as provided in Section 15, a 
4law enforcement agent may not obtain GPS location information 
5without either:
6    (1) a search warrant based on probable cause, issued for 
7renewable periods of up to 30 days; or
8    (2) an arrest warrant issued under Section 107-9 of the 
9Code of Criminal Procedure of 1963.

 
10    Section 15. Exceptions. 
Notwithstanding any other 
11provisions of this Act, any law enforcement agent may obtain 
12GPS location information:
13    (1) to respond to a call for emergency services from the 
14user of the GPS device concerned;

15    (2) with the express consent of the subscriber or user of 
16the GPS device concerned; or
17    (3)  when a law enforcement agent reasonably believes that 
18obtaining GPS location information without delay is necessary 
19to protect a person in an emergency situation involving a clear 
20and present danger of imminent death or great bodily harm, and 
21the


application to the GPS service provider for GPS location 
22information is narrowly tailored to address this danger, 
23subject to the following limitations:
24        (A) The application shall document the factual basis 
 
 
09800SB1586sam001- 3 -LRB098 08316 RLC 43009 a

1    for believing that this danger requires obtaining the GPS 
2    information without delay.
3        (B) The lead law enforcement agency involved in the 
4    investigation shall retain the application for a minimum of 
5    2 years, and shall provide it to the State's Attorney in 
6    the county in which the lead agency is located within 48 
7    hours of the time that the lead agency obtains access to 
8    GPS location information under this paragraph (3). 
9        (C)
Subsequent or ongoing use of GPS location 
10    information as described in this paragraph (3) beyond a 
11    48-hour time span requires a warrant.  If the application 
12    for the warrant is denied, the GPS location information 
13    shall not be admissible as evidence in a court of law, 
14    unless the state can prove the evidence obtained would 
15    inevitably have been discovered by lawful means as part of 
16    the ongoing investigation.




 
17    Section 20. Admissibility.  Compliance with the provisions 
18of this Act is a prerequisite to the admissibility into 
19evidence of any GPS location information, but nothing in this 
20Act shall be deemed to prevent a court from otherwise excluding 
21the evidence on any other ground, nor shall anything in this 
22Section be deemed to prevent a court from independently 
23reviewing the admissibility of the evidence for compliance with 
24the Fourth Amendment to the United States  Constitution or with 
25Article I, Section 6 of the Illinois Constitution.".