Sen. Daniel Biss
Filed: 3/3/2014
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 2937 




2    AMENDMENT NO. ______. Amend Senate Bill 2937 as follows:

 
3on page 1, line 5, by replacing "amended" with "amended by 
4changing Section 15 and"; and
 
5on page 1, by inserting immediately below line 5 the following:
 
6    "(725 ILCS 167/15)

7    Sec. 15. Exceptions.   This Act does not prohibit the use of 
8a 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 
 
 
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1    be limited to a period of 45 days, renewable by the judge 
2    upon a showing of good cause for subsequent periods of 45 
3    days.
4        (3) If a law enforcement agency possesses reasonable 
5    suspicion that, under particular circumstances, swift 
6    action is needed to prevent imminent harm to life, or to 
7    forestall the imminent escape of a suspect or the 
8    destruction of evidence.  The use of a drone under this 
9    paragraph (3) is limited to a period of 48 hours.  Within 24 
10    hours of the initiation of the use of a drone under this 
11    paragraph (3), the chief executive officer of the law 
12    enforcement agency must report in writing the use of a 
13    drone to the local State's Attorney.
14        (4) If a law enforcement agency is attempting to locate 
15    a missing person, and is not also undertaking a criminal 
16    investigation.
17        (5) If a law enforcement agency is using a drone solely 
18    for crime scene and traffic crash scene photography. Crime 
19    scene and traffic crash photography must be conducted in a 
20    geographically confined and time-limited manner to 
21    document specific occurrences. The use of a drone under 
22    this paragraph (5) on private property requires either a 
23    search warrant based on probable cause under Section 108-3 
24    of the Code of Criminal Procedure of 1963 or lawful consent 
25    to search. The use of a drone under this paragraph (5) on 
26    lands, highways, roadways, or areas belonging to this State 
 
 
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1    or political subdivisions of this State does not require a 
2    search warrant or consent to search. Any law enforcement 
3    agency operating a drone under this paragraph (5) shall 
4    make every reasonable attempt to only photograph the crime 
5    scene or traffic crash scene and avoid other areas.



6        (6) If a law enforcement agency is using a drone during 
7    a disaster or public health emergency, as defined by 
8    Section 4 of the Illinois Emergency Management Agency Act. 
9    The use of a drone under this paragraph (6) does not 
10    require an official declaration of a disaster or public 
11    health emergency prior to use. A law enforcement agency may 
12    use a drone under this paragraph (6) to obtain information 
13    necessary for the determination of whether or not a 
14    disaster or public health emergency should be declared, to 
15    monitor weather or emergency conditions, to survey damage, 
16    or to otherwise coordinate response and recovery efforts. 
17    The use of a drone under this paragraph (6) is permissible 
18    during the disaster or public health emergency and during 
19    subsequent response and recovery efforts. 
20(Source: P.A. 98-569, eff. 1-1-14.)".