SB2631 98TH GENERAL ASSEMBLY

LRB098 14753 RLC 49651 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2631

Introduced 12/3/2013, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

New Act

Creates the Out-of-State Law Enforcement Agency Surveillance and Counter-terrorism Notification Act. Provides that a law enforcement agency, or investigative or law enforcement officer, of another state may not conduct a surveillance operation within the borders of this State unless that law enforcement agency, or investigative or law enforcement officer, has provided prior notice of the surveillance operation to the Attorney General, the Director of State Police, and the chief law enforcement officer of the jurisdiction in which the operation is to take place. Provides that any out-of-State law enforcement agency that intends to enter the borders which are under the jurisdiction of this State for the purpose of conducting counter-terrorism activities in this State shall, no later than 24 hours prior to entering Illinois State borders, inform the State's Attorney, or the State's Attorney's designee of the county in which the counter-terrorism activity is to take place. Provides for injunctive relief to prohibit violations of the Act.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Out-of-State Law Enforcement Agency Surveillance and Counter-terrorism Notification Act.

Section 5. Definitions. For the purposes of this Act:

"Counter-terrorism activity" means any activity undertaken by a law enforcement agency to investigate, detect, deter, or prevent the crime of terrorism as defined in Article 29D of the Criminal Code of 2012, or for an offense of a substantially similar nature committed in another jurisdiction, without regard to whether the crime is committed or intended to be committed in this State.

"Counter-terrorism watch" means a counter terrorism entity within the Department of State Police.

"Law enforcement activity" means investigations, operations, and intelligence gathering activity conducted by a law enforcement agency or officer. "Law enforcement activity" does not encompass non-investigatory conduct, including but not limited to participation in training classes or exercises, execution of child-support warrants, or transportation of incarcerated persons to and from this State.

"Out-of-State law enforcement agency" means any law enforcement agency or officer operating under the authority of the laws of another state. "Out-of-State law enforcement agency" does not include a federal law enforcement agency or task force operating under the auspices of a federal law enforcement agency.

"Surveillance operation" means the act of monitoring, observing, listening to, or making a recording of a person or group of persons or their movements, activities, and communications.

Section 10. Out-of-State law enforcement agency surveillance.

(a) A law enforcement agency, or investigative or law enforcement officer, of another state may not conduct a surveillance operation within the borders of this State unless that law enforcement agency, or investigative or law enforcement officer, has provided prior notice of the surveillance operation to the Attorney General, the Director of State Police, and the chief law enforcement officer of the jurisdiction in which the operation is to take place. The notification shall include:

(1) the identity and qualifications of the investigative or law enforcement officers conducting the surveillance operation;

(2) the identity of the particular person or group of persons, if known, who are the subject of the surveillance operation;

(3) a statement of facts establishing the purpose of the surveillance activities and the character of the information that the law enforcement agency or investigative or law enforcement officer intends to obtain from conducting a surveillance operation;

(4) the location of the surveillance operation or the particular place where the operation is to take place; and

(5) a statement of the period of time during which the surveillance operation is to be conducted.

(b) A local, municipal, or county law enforcement agency or officer shall promptly notify the State's Attorney, or the State's Attorney's designee, when a law enforcement officer learns of, or acquires knowledge of, an out-of-State law enforcement agency that intends to enter, or has entered, the borders which are under the jurisdiction of the State of Illinois for the purpose of conducting law enforcement activities in this State.

(c) Notification required under this Act shall include, but not be limited to:

(1) the date and time that the out-of-State agency's activity is discovered;

(2) the nature, purpose, and scope of the out-of-State law enforcement agency's activities in this State;

(3) the out-of-State law enforcement agency's name and contact information; and

(4) the name and contact information of the law enforcement agency operating in this State.

(d) The notification shall be given as soon as practicable, but in no event shall notification be provided later than 24 hours after learning of, or acquiring information concerning, the out-of-State agency's law enforcement activity in this State.

Section 15. Injunctive relief; Attorney General. Whenever, on the basis of available information, the Attorney General finds that a law enforcement agency, or investigative or law enforcement officer, of another state has violated the provisions of this Act or any rule adopted under this Act, the Attorney General, or his or her designee, may seek and obtain in a summary proceeding in the circuit court a temporary or permanent injunction prohibiting that law enforcement agency, or investigative or law enforcement officer, from engaging in a surveillance operation. In the proceeding the court may enter orders that are necessary to prevent the performance of an unlawful surveillance operation in violation of this Act, or may require compliance with the provision this Act. A State's Attorney shall promptly notify the counter-terrorism watch within the Department of State Police when a law enforcement officer learns of, or acquires knowledge of, an out-of-State law enforcement agency that intends to enter, or has entered, the borders which are under the jurisdiction of this State for the purpose of conducting counter-terrorism activities in this State. Notifications shall be provided in a manner and within the time limitations in Section 10 of this Act.

Section 20. Counter-terrorism watch. Upon receiving information that an out-of-State law enforcement agency intends to enter, or has entered, the borders which are under the jurisdiction of the State of Illinois for the purpose of conducting counter-terrorism activities in this State, the counter-terrorism watch shall notify the Director of State Police, or the Director's designee, and the Director of the Illinois Emergency Management Agency.

Section 25. Out-of-State law enforcement agency conducting counter-terrorism activities in this State.

(a) Any out-of-State law enforcement agency that intends to enter the borders which are under the jurisdiction of this State for the purpose of conducting counter-terrorism activities in this State shall, no later than 24 hours prior to entering Illinois State borders, inform the State's Attorney, or the State's Attorney's designee of the county in which the counter-terrorism activity is to take place. Notification required under this Act shall include, but not be limited to:

(1) the date and time that the out-of-State agency intends to conduct the counter-terrorism activity;

(2) the nature, purpose, and scope of the counter-terrorism activity that the out-of-State law enforcement agency intends to undertake in this State; and

(3) the out-of-State law enforcement agency's name and contact information.

The notification shall be given as soon as practicable, but in no event shall notification be provided later than 24 hours prior to the counter-terrorism activities being carried out in this State.

(b) A State's Attorney shall promptly notify the counter-terrorism watch within the Department of State Police upon receiving notification from an out-of-State law enforcement agency provided under subsection (a) of this Section.

(c) Upon receiving information that an out-of-State law enforcement agency intends to enter the borders which are under the jurisdiction of the State of Illinois for the purpose of conducting counter-terrorism activities in this State, the counter-terrorism watch shall notify the Director of State Police, or the Director's designee, and the Director of the Illinois Emergency Management Agency.

Section 30. Violation of notification requirements. Whenever, on the basis of available information, the Attorney General or a State's Attorney, or his or her designee finds that an out-of-State law enforcement agency has violated the provisions of this Act, by failing to adhere to the notification requirements under Section 25 or any rule adopted under this Act, the Attorney General or a State's Attorney, or his or her designee, may seek and obtain in a summary proceeding in the circuit court a temporary or permanent injunction prohibiting that out-of-State law enforcement agency from conducting counter-terrorism activity within the borders of this State. In that proceeding, the court may enter orders as are necessary to prevent the performance of counter-terrorism activity in violation of the reporting requirement under this Act, or may require compliance with the reporting requirements provided under the provisions of this Act.

Section 35. Rules. The Attorney General may adopt rules in accordance with the Illinois Administrative Procedure Act necessary to carry out the purposes of this Act.