Public Act 103-0300
HB2245 EnrolledLRB103 25366 HEP 51711 b HB2245 Enrolled LRB103 25366 HEP 51711 b
HB2245 Enrolled LRB103 25366 HEP 51711 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by adding
Sections 4-110 and 4-111 as follows:
(625 ILCS 5/4-110 new)
Sec. 4-110. Stolen vehicle recovery hotline. In a county
having a population of 3,000,000 or more, the county sheriff
shall establish with other law enforcement agencies a vehicle
theft hotline to facilitate interaction with vehicle
manufacturers and vehicle location vendors consistent with the
Freedom From Location Surveillance Act. The county sheriff
shall collaborate with vehicle manufacturers, dealers, and
vehicle location vendors to provide information and assistance
to law enforcement officers in the investigation of a
vehicular hijacking or kidnapping incident and ensure that
consumers are provided with information concerning the
hotline, new or used vehicles manufactured with stolen vehicle
locator capabilities, and how consumers can activate stolen
vehicle locator services by publishing the information in a
conspicuous location on the county sheriff's website.
(625 ILCS 5/4-111 new)
HB2245 Enrolled LRB103 25366 HEP 51711 b
Sec. 4-111. Manufacturer's vehicle incident hotline; law
enforcement verification; manufacturer statements.
(a) Unless the manufacturer or its vehicle location vendor
operates an existing vehicle location service line, a
manufacturer of any vehicle sold in this State shall maintain
a telephone number that is staffed and available to State,
county, and local law enforcement agencies and their
respective 9-1-1 system call centers or designated dispatch
centers 24 hours a day, 7 days a week to assist law enforcement
with locating vehicles in the investigation of vehicles stolen
in vehicular hijacking incidents or that have been used in the
commission of a kidnapping. The hotline for the manufacturer
or the manufacturer's vehicle location vendor shall relay
vehicle location information, including real-time vehicle
location information whenever reasonably possible, to the
9-1-1 call center or designated dispatch center or sworn law
enforcement personnel for any of the responding law
enforcement agencies, to the best of the manufacturer's or
vehicle location vendor's technical capability when:
(1) a warrant or other court order has been issued
relating to the vehicle's location information and
provided to the manufacturer or the vehicle location
vendor; or
(2) the vehicle owner lawfully consents to the vehicle
location information being shared with the 9-1-1 call
center or designated dispatch center and responding law
enforcement officials; or
(3) the 9-1-1 call center or designated dispatch
center or responding law enforcement officials:
(A) provides adequate verification to the
manufacturer or the vehicle location vendor, of their
identity as law enforcement and the identity of the
responding law enforcement official; and
(B) the responding law enforcement officials shall
certify to the manufacturer or the vehicle location
vendor, that the situation involves a clear and
present danger of death or great bodily harm to
persons resulting from the vehicular hijacking or
kidnapping incident.
(b) State, county, and local law enforcement agencies
shall use their respective 9-1-1 system call centers or
designated dispatch centers for the purpose of verification of
law enforcement officers' identities and bona fide incident
report numbers related to incidents.
(c) If a vehicle is equipped with functioning vehicle
location tracking capability, but the capability is not
currently activated, the manufacturer or the vehicle location
vendor shall waive all fees associated with initiating,
renewing, reestablishing, or maintaining the vehicle location
service the vehicle is equipped with during the investigation
of the vehicle being stolen in a vehicular hijacking incident
or being used in the commission of kidnapping incident when
law enforcement has confirmed that the situation involves a
clear and present danger of death or great bodily harm to
persons as described in paragraph (3) of subsection (a) and
requires disclosure of vehicle location information without
delay.
(d) A vehicle manufacturer or a subsidiary, vendor,
employee, officer, director, representative, or contractor of
the vehicle manufacturer shall not be liable and no cause of
action shall arise under the laws of this State for providing,
or in good faith attempting to provide, information or
assistance to a law enforcement agency, 9-1-1 call center, or
designated dispatch center pursuant to the mechanisms and
processes established under this Section.
Section 10. The Freedom From Location Surveillance Act is
amended by changing Section 15 as follows:
(725 ILCS 168/15)
Sec. 15. Exceptions. This Act does not prohibit a law
enforcement agency from seeking to obtain location
information:
(1) to respond to a call for emergency services
concerning the user or possessor of an electronic device;
(2) with the lawful consent of the owner of the
electronic device or person in actual or constructive
possession of the item being tracked by the electronic
device;
(3) to lawfully obtain location information broadly
available to the general public without a court order when
the location information is posted on a social networking
website, or is metadata attached to images and video, or
to determine the location of an Internet Protocol (IP)
address through a publicly available service;
(4) to obtain location information generated by an
electronic device used as a condition of release from a
penal institution, as a condition of pre-trial release,
probation, conditional discharge, parole, mandatory
supervised release, or other sentencing order, or to
monitor an individual released under the Sexually Violent
Persons Commitment Act or the Sexually Dangerous Persons
Act;
(5) to aid in the location of a missing person;
(6) in emergencies as follows:
(A) Notwithstanding any other provisions of this
Act, any investigative or law enforcement officer may
seek to obtain location information in an emergency
situation as defined in this paragraph (6). This
paragraph (6) applies only when there was no previous
notice of the emergency to the investigative or law
enforcement officer sufficient to obtain prior
judicial approval, and the officer reasonably believes
that an order permitting the obtaining of location
information would issue were there prior judicial
review. An emergency situation exists when:
(i) the use of the electronic device is
necessary for the protection of the investigative
or law enforcement officer or a person acting at
the direction of law enforcement; or
(ii) the situation involves:
(aa) a clear and present danger of
imminent death or great bodily harm to persons
resulting from:
(I) the use of force or the threat of
the imminent use of force,
(II) a kidnapping or the holding of a
hostage by force or the threat of the
imminent use of force, or
(III) the occupation by force or the
threat of the imminent use of force of any
premises, place, vehicle, vessel, or
aircraft;
(bb) an abduction investigation;
(cc) conspiratorial activities
characteristic of organized crime;
(dd) an immediate threat to national
security interest;
(ee) an ongoing attack on a computer
comprising a felony;or
(ff) escape under Section 31-6 of the
Criminal Code of 2012; or .
(gg) vehicular hijacking.
(B) In all emergency cases, an application for an
order approving the previous or continuing obtaining
of location information must be made within 72 hours
of its commencement. In the absence of the order, or
upon its denial, any continuing obtaining of location
information gathering shall immediately terminate. In
order to approve obtaining location information, the
judge must make a determination (i) that he or she
would have granted an order had the information been
before the court prior to the obtaining of the
location information and (ii) there was an emergency
situation as defined in this paragraph (6).
(C) In the event that an application for approval
under this paragraph (6) is denied, the location
information obtained under this exception shall be
inadmissible in accordance with Section 20 of this
Act; or
(7) to obtain location information relating to an
electronic device used to track a vehicle or an effect
which is owned or leased by that law enforcement agency.