Illinois 2023-2024 Regular Session

Illinois House Bill HB2245 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0300
2	1		HB2245 EnrolledLRB103 25366 HEP 51711 b HB2245 Enrolled LRB103 25366 HEP 51711 b
3	2		HB2245 Enrolled LRB103 25366 HEP 51711 b
4		-	AN ACT concerning transportation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Vehicle Code is amended by adding
8		-	Sections 4-110 and 4-111 as follows:
9		-	(625 ILCS 5/4-110 new)
10		-	Sec. 4-110. Stolen vehicle recovery hotline. In a county
11		-	having a population of 3,000,000 or more, the county sheriff
12		-	shall establish with other law enforcement agencies a vehicle
13		-	theft hotline to facilitate interaction with vehicle
14		-	manufacturers and vehicle location vendors consistent with the
15		-	Freedom From Location Surveillance Act. The county sheriff
16		-	shall collaborate with vehicle manufacturers, dealers, and
17		-	vehicle location vendors to provide information and assistance
18		-	to law enforcement officers in the investigation of a
19		-	vehicular hijacking or kidnapping incident and ensure that
20		-	consumers are provided with information concerning the
21		-	hotline, new or used vehicles manufactured with stolen vehicle
22		-	locator capabilities, and how consumers can activate stolen
23		-	vehicle locator services by publishing the information in a
24		-	conspicuous location on the county sheriff's website.
25		-	(625 ILCS 5/4-111 new)
	3	+	1 AN ACT concerning transportation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Vehicle Code is amended by adding
	7	+	5 Sections 4-110 and 4-111 as follows:
	8	+	6 (625 ILCS 5/4-110 new)
	9	+	7 Sec. 4-110. Stolen vehicle recovery hotline. In a county
	10	+	8 having a population of 3,000,000 or more, the county sheriff
	11	+	9 shall establish with other law enforcement agencies a vehicle
	12	+	10 theft hotline to facilitate interaction with vehicle
	13	+	11 manufacturers and vehicle location vendors consistent with the
	14	+	12 Freedom From Location Surveillance Act. The county sheriff
	15	+	13 shall collaborate with vehicle manufacturers, dealers, and
	16	+	14 vehicle location vendors to provide information and assistance
	17	+	15 to law enforcement officers in the investigation of a
	18	+	16 vehicular hijacking or kidnapping incident and ensure that
	19	+	17 consumers are provided with information concerning the
	20	+	18 hotline, new or used vehicles manufactured with stolen vehicle
	21	+	19 locator capabilities, and how consumers can activate stolen
	22	+	20 vehicle locator services by publishing the information in a
	23	+	21 conspicuous location on the county sheriff's website.
	24	+	22 (625 ILCS 5/4-111 new)
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32		-	Sec. 4-111. Manufacturer's vehicle incident hotline; law
33		-	enforcement verification; manufacturer statements.
34		-	(a) Unless the manufacturer or its vehicle location vendor
35		-	operates an existing vehicle location service line, a
36		-	manufacturer of any vehicle sold in this State shall maintain
37		-	a telephone number that is staffed and available to State,
38		-	county, and local law enforcement agencies and their
39		-	respective 9-1-1 system call centers or designated dispatch
40		-	centers 24 hours a day, 7 days a week to assist law enforcement
41		-	with locating vehicles in the investigation of vehicles stolen
42		-	in vehicular hijacking incidents or that have been used in the
43		-	commission of a kidnapping. The hotline for the manufacturer
44		-	or the manufacturer's vehicle location vendor shall relay
45		-	vehicle location information, including real-time vehicle
46		-	location information whenever reasonably possible, to the
47		-	9-1-1 call center or designated dispatch center or sworn law
48		-	enforcement personnel for any of the responding law
49		-	enforcement agencies, to the best of the manufacturer's or
50		-	vehicle location vendor's technical capability when:
51		-	(1) a warrant or other court order has been issued
52		-	relating to the vehicle's location information and
53		-	provided to the manufacturer or the vehicle location
54		-	vendor; or
55		-	(2) the vehicle owner lawfully consents to the vehicle
56		-	location information being shared with the 9-1-1 call
57		-	center or designated dispatch center and responding law
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	32	+	HB2245 Enrolled - 2 - LRB103 25366 HEP 51711 b
	33	+	1 Sec. 4-111. Manufacturer's vehicle incident hotline; law
	34	+	2 enforcement verification; manufacturer statements.
	35	+	3 (a) Unless the manufacturer or its vehicle location vendor
	36	+	4 operates an existing vehicle location service line, a
	37	+	5 manufacturer of any vehicle sold in this State shall maintain
	38	+	6 a telephone number that is staffed and available to State,
	39	+	7 county, and local law enforcement agencies and their
	40	+	8 respective 9-1-1 system call centers or designated dispatch
	41	+	9 centers 24 hours a day, 7 days a week to assist law enforcement
	42	+	10 with locating vehicles in the investigation of vehicles stolen
	43	+	11 in vehicular hijacking incidents or that have been used in the
	44	+	12 commission of a kidnapping. The hotline for the manufacturer
	45	+	13 or the manufacturer's vehicle location vendor shall relay
	46	+	14 vehicle location information, including real-time vehicle
	47	+	15 location information whenever reasonably possible, to the
	48	+	16 9-1-1 call center or designated dispatch center or sworn law
	49	+	17 enforcement personnel for any of the responding law
	50	+	18 enforcement agencies, to the best of the manufacturer's or
	51	+	19 vehicle location vendor's technical capability when:
	52	+	20 (1) a warrant or other court order has been issued
	53	+	21 relating to the vehicle's location information and
	54	+	22 provided to the manufacturer or the vehicle location
	55	+	23 vendor; or
	56	+	24 (2) the vehicle owner lawfully consents to the vehicle
	57	+	25 location information being shared with the 9-1-1 call
	58	+	26 center or designated dispatch center and responding law
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59	60
60		-	enforcement officials; or
61		-	(3) the 9-1-1 call center or designated dispatch
62		-	center or responding law enforcement officials:
63		-	(A) provides adequate verification to the
64		-	manufacturer or the vehicle location vendor, of their
65		-	identity as law enforcement and the identity of the
66		-	responding law enforcement official; and
67		-	(B) the responding law enforcement officials shall
68		-	certify to the manufacturer or the vehicle location
69		-	vendor, that the situation involves a clear and
70		-	present danger of death or great bodily harm to
71		-	persons resulting from the vehicular hijacking or
72		-	kidnapping incident.
73		-	(b) State, county, and local law enforcement agencies
74		-	shall use their respective 9-1-1 system call centers or
75		-	designated dispatch centers for the purpose of verification of
76		-	law enforcement officers' identities and bona fide incident
77		-	report numbers related to incidents.
78		-	(c) If a vehicle is equipped with functioning vehicle
79		-	location tracking capability, but the capability is not
80		-	currently activated, the manufacturer or the vehicle location
81		-	vendor shall waive all fees associated with initiating,
82		-	renewing, reestablishing, or maintaining the vehicle location
83		-	service the vehicle is equipped with during the investigation
84		-	of the vehicle being stolen in a vehicular hijacking incident
85		-	or being used in the commission of kidnapping incident when
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87	62
88		-	law enforcement has confirmed that the situation involves a
89		-	clear and present danger of death or great bodily harm to
90		-	persons as described in paragraph (3) of subsection (a) and
91		-	requires disclosure of vehicle location information without
92		-	delay.
93		-	(d) A vehicle manufacturer or a subsidiary, vendor,
94		-	employee, officer, director, representative, or contractor of
95		-	the vehicle manufacturer shall not be liable and no cause of
96		-	action shall arise under the laws of this State for providing,
97		-	or in good faith attempting to provide, information or
98		-	assistance to a law enforcement agency, 9-1-1 call center, or
99		-	designated dispatch center pursuant to the mechanisms and
100		-	processes established under this Section.
101		-	Section 10. The Freedom From Location Surveillance Act is
102		-	amended by changing Section 15 as follows:
103		-	(725 ILCS 168/15)
104		-	Sec. 15. Exceptions. This Act does not prohibit a law
105		-	enforcement agency from seeking to obtain location
106		-	information:
107		-	(1) to respond to a call for emergency services
108		-	concerning the user or possessor of an electronic device;
109		-	(2) with the lawful consent of the owner of the
110		-	electronic device or person in actual or constructive
111		-	possession of the item being tracked by the electronic
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114		-	device;
115		-	(3) to lawfully obtain location information broadly
116		-	available to the general public without a court order when
117		-	the location information is posted on a social networking
118		-	website, or is metadata attached to images and video, or
119		-	to determine the location of an Internet Protocol (IP)
120		-	address through a publicly available service;
121		-	(4) to obtain location information generated by an
122		-	electronic device used as a condition of release from a
123		-	penal institution, as a condition of pre-trial release,
124		-	probation, conditional discharge, parole, mandatory
125		-	supervised release, or other sentencing order, or to
126		-	monitor an individual released under the Sexually Violent
127		-	Persons Commitment Act or the Sexually Dangerous Persons
128		-	Act;
129		-	(5) to aid in the location of a missing person;
130		-	(6) in emergencies as follows:
131		-	(A) Notwithstanding any other provisions of this
132		-	Act, any investigative or law enforcement officer may
133		-	seek to obtain location information in an emergency
134		-	situation as defined in this paragraph (6). This
135		-	paragraph (6) applies only when there was no previous
136		-	notice of the emergency to the investigative or law
137		-	enforcement officer sufficient to obtain prior
138		-	judicial approval, and the officer reasonably believes
139		-	that an order permitting the obtaining of location
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	68	+	HB2245 Enrolled - 3 - LRB103 25366 HEP 51711 b
	69	+	1 enforcement officials; or
	70	+	2 (3) the 9-1-1 call center or designated dispatch
	71	+	3 center or responding law enforcement officials:
	72	+	4 (A) provides adequate verification to the
	73	+	5 manufacturer or the vehicle location vendor, of their
	74	+	6 identity as law enforcement and the identity of the
	75	+	7 responding law enforcement official; and
	76	+	8 (B) the responding law enforcement officials shall
	77	+	9 certify to the manufacturer or the vehicle location
	78	+	10 vendor, that the situation involves a clear and
	79	+	11 present danger of death or great bodily harm to
	80	+	12 persons resulting from the vehicular hijacking or
	81	+	13 kidnapping incident.
	82	+	14 (b) State, county, and local law enforcement agencies
	83	+	15 shall use their respective 9-1-1 system call centers or
	84	+	16 designated dispatch centers for the purpose of verification of
	85	+	17 law enforcement officers' identities and bona fide incident
	86	+	18 report numbers related to incidents.
	87	+	19 (c) If a vehicle is equipped with functioning vehicle
	88	+	20 location tracking capability, but the capability is not
	89	+	21 currently activated, the manufacturer or the vehicle location
	90	+	22 vendor shall waive all fees associated with initiating,
	91	+	23 renewing, reestablishing, or maintaining the vehicle location
	92	+	24 service the vehicle is equipped with during the investigation
	93	+	25 of the vehicle being stolen in a vehicular hijacking incident
	94	+	26 or being used in the commission of kidnapping incident when
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142		-	information would issue were there prior judicial
143		-	review. An emergency situation exists when:
144		-	(i) the use of the electronic device is
145		-	necessary for the protection of the investigative
146		-	or law enforcement officer or a person acting at
147		-	the direction of law enforcement; or
148		-	(ii) the situation involves:
149		-	(aa) a clear and present danger of
150		-	imminent death or great bodily harm to persons
151		-	resulting from:
152		-	(I) the use of force or the threat of
153		-	the imminent use of force,
154		-	(II) a kidnapping or the holding of a
155		-	hostage by force or the threat of the
156		-	imminent use of force, or
157		-	(III) the occupation by force or the
158		-	threat of the imminent use of force of any
159		-	premises, place, vehicle, vessel, or
160		-	aircraft;
161		-	(bb) an abduction investigation;
162		-	(cc) conspiratorial activities
163		-	characteristic of organized crime;
164		-	(dd) an immediate threat to national
165		-	security interest;
166		-	(ee) an ongoing attack on a computer
167		-	comprising a felony;or
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170		-	(ff) escape under Section 31-6 of the
171		-	Criminal Code of 2012; or .
172		-	(gg) vehicular hijacking.
173		-	(B) In all emergency cases, an application for an
174		-	order approving the previous or continuing obtaining
175		-	of location information must be made within 72 hours
176		-	of its commencement. In the absence of the order, or
177		-	upon its denial, any continuing obtaining of location
178		-	information gathering shall immediately terminate. In
179		-	order to approve obtaining location information, the
180		-	judge must make a determination (i) that he or she
181		-	would have granted an order had the information been
182		-	before the court prior to the obtaining of the
183		-	location information and (ii) there was an emergency
184		-	situation as defined in this paragraph (6).
185		-	(C) In the event that an application for approval
186		-	under this paragraph (6) is denied, the location
187		-	information obtained under this exception shall be
188		-	inadmissible in accordance with Section 20 of this
189		-	Act; or
190		-	(7) to obtain location information relating to an
191		-	electronic device used to track a vehicle or an effect
192		-	which is owned or leased by that law enforcement agency.
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	105	+	1 law enforcement has confirmed that the situation involves a
	106	+	2 clear and present danger of death or great bodily harm to
	107	+	3 persons as described in paragraph (3) of subsection (a) and
	108	+	4 requires disclosure of vehicle location information without
	109	+	5 delay.
	110	+	6 (d) A vehicle manufacturer or a subsidiary, vendor,
	111	+	7 employee, officer, director, representative, or contractor of
	112	+	8 the vehicle manufacturer shall not be liable and no cause of
	113	+	9 action shall arise under the laws of this State for providing,
	114	+	10 or in good faith attempting to provide, information or
	115	+	11 assistance to a law enforcement agency, 9-1-1 call center, or
	116	+	12 designated dispatch center pursuant to the mechanisms and
	117	+	13 processes established under this Section.
	118	+	14 Section 10. The Freedom From Location Surveillance Act is
	119	+	15 amended by changing Section 15 as follows:
	120	+	16 (725 ILCS 168/15)
	121	+	17 Sec. 15. Exceptions. This Act does not prohibit a law
	122	+	18 enforcement agency from seeking to obtain location
	123	+	19 information:
	124	+	20 (1) to respond to a call for emergency services
	125	+	21 concerning the user or possessor of an electronic device;
	126	+	22 (2) with the lawful consent of the owner of the
	127	+	23 electronic device or person in actual or constructive
	128	+	24 possession of the item being tracked by the electronic
	129	+
	130	+
	131	+
	132	+
	133	+
	134	+	HB2245 Enrolled - 4 - LRB103 25366 HEP 51711 b
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	138	+	HB2245 Enrolled - 5 - LRB103 25366 HEP 51711 b
	139	+	1 device;
	140	+	2 (3) to lawfully obtain location information broadly
	141	+	3 available to the general public without a court order when
	142	+	4 the location information is posted on a social networking
	143	+	5 website, or is metadata attached to images and video, or
	144	+	6 to determine the location of an Internet Protocol (IP)
	145	+	7 address through a publicly available service;
	146	+	8 (4) to obtain location information generated by an
	147	+	9 electronic device used as a condition of release from a
	148	+	10 penal institution, as a condition of pre-trial release,
	149	+	11 probation, conditional discharge, parole, mandatory
	150	+	12 supervised release, or other sentencing order, or to
	151	+	13 monitor an individual released under the Sexually Violent
	152	+	14 Persons Commitment Act or the Sexually Dangerous Persons
	153	+	15 Act;
	154	+	16 (5) to aid in the location of a missing person;
	155	+	17 (6) in emergencies as follows:
	156	+	18 (A) Notwithstanding any other provisions of this
	157	+	19 Act, any investigative or law enforcement officer may
	158	+	20 seek to obtain location information in an emergency
	159	+	21 situation as defined in this paragraph (6). This
	160	+	22 paragraph (6) applies only when there was no previous
	161	+	23 notice of the emergency to the investigative or law
	162	+	24 enforcement officer sufficient to obtain prior
	163	+	25 judicial approval, and the officer reasonably believes
	164	+	26 that an order permitting the obtaining of location
	165	+
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	167	+
	168	+
	169	+
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	171	+
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	175	+	1 information would issue were there prior judicial
	176	+	2 review. An emergency situation exists when:
	177	+	3 (i) the use of the electronic device is
	178	+	4 necessary for the protection of the investigative
	179	+	5 or law enforcement officer or a person acting at
	180	+	6 the direction of law enforcement; or
	181	+	7 (ii) the situation involves:
	182	+	8 (aa) a clear and present danger of
	183	+	9 imminent death or great bodily harm to persons
	184	+	10 resulting from:
	185	+	11 (I) the use of force or the threat of
	186	+	12 the imminent use of force,
	187	+	13 (II) a kidnapping or the holding of a
	188	+	14 hostage by force or the threat of the
	189	+	15 imminent use of force, or
	190	+	16 (III) the occupation by force or the
	191	+	17 threat of the imminent use of force of any
	192	+	18 premises, place, vehicle, vessel, or
	193	+	19 aircraft;
	194	+	20 (bb) an abduction investigation;
	195	+	21 (cc) conspiratorial activities
	196	+	22 characteristic of organized crime;
	197	+	23 (dd) an immediate threat to national
	198	+	24 security interest;
	199	+	25 (ee) an ongoing attack on a computer
	200	+	26 comprising a felony;or
	201	+
	202	+
	203	+
	204	+
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	211	+	1 (ff) escape under Section 31-6 of the
	212	+	2 Criminal Code of 2012; or .
	213	+	3 (gg) vehicular hijacking.
	214	+	4 (B) In all emergency cases, an application for an
	215	+	5 order approving the previous or continuing obtaining
	216	+	6 of location information must be made within 72 hours
	217	+	7 of its commencement. In the absence of the order, or
	218	+	8 upon its denial, any continuing obtaining of location
	219	+	9 information gathering shall immediately terminate. In
	220	+	10 order to approve obtaining location information, the
	221	+	11 judge must make a determination (i) that he or she
	222	+	12 would have granted an order had the information been
	223	+	13 before the court prior to the obtaining of the
	224	+	14 location information and (ii) there was an emergency
	225	+	15 situation as defined in this paragraph (6).
	226	+	16 (C) In the event that an application for approval
	227	+	17 under this paragraph (6) is denied, the location
	228	+	18 information obtained under this exception shall be
	229	+	19 inadmissible in accordance with Section 20 of this
	230	+	20 Act; or
	231	+	21 (7) to obtain location information relating to an
	232	+	22 electronic device used to track a vehicle or an effect
	233	+	23 which is owned or leased by that law enforcement agency.
	234	+
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	236	+
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