Illinois 2023-2024 Regular Session

Illinois House Bill HB3178 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3178 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 725 ILCS 167/15 Amends the Freedom from Drone Surveillance Act. Provides that the Act does not prohibit the use of a drone by a law enforcement agency if the law enforcement agency is using the drone for pilot practice or training of a law enforcement officer or airborne photography or video for community marketing purposes or flight demonstrations for the general public. LRB103 29947 RLC 56362 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3178 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 725 ILCS 167/15 725 ILCS 167/15 Amends the Freedom from Drone Surveillance Act. Provides that the Act does not prohibit the use of a drone by a law enforcement agency if the law enforcement agency is using the drone for pilot practice or training of a law enforcement officer or airborne photography or video for community marketing purposes or flight demonstrations for the general public. LRB103 29947 RLC 56362 b LRB103 29947 RLC 56362 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3178 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 167/15 725 ILCS 167/15
4	4	725 ILCS 167/15
5	5	Amends the Freedom from Drone Surveillance Act. Provides that the Act does not prohibit the use of a drone by a law enforcement agency if the law enforcement agency is using the drone for pilot practice or training of a law enforcement officer or airborne photography or video for community marketing purposes or flight demonstrations for the general public.
6	6	LRB103 29947 RLC 56362 b LRB103 29947 RLC 56362 b
7	7	LRB103 29947 RLC 56362 b
8	8	A BILL FOR
9	9	HB3178LRB103 29947 RLC 56362 b HB3178 LRB103 29947 RLC 56362 b
10	10	HB3178 LRB103 29947 RLC 56362 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Freedom from Drone Surveillance Act is
15	15	5 amended by changing Section 15 as follows:
16	16	6 (725 ILCS 167/15)
17	17	7 Sec. 15. Exceptions. This Act does not prohibit the use of
18	18	8 a drone by a law enforcement agency:
19	19	9 (1) To counter a high risk of a terrorist attack by a
20	20	10 specific individual or organization if the United States
21	21	11 Secretary of Homeland Security determines that credible
22	22	12 intelligence indicates that there is that risk.
23	23	13 (2) If a law enforcement agency first obtains a search
24	24	14 warrant based on probable cause issued under Section 108-3
25	25	15 of the Code of Criminal Procedure of 1963. The warrant
26	26	16 must be limited to a period of 45 days, renewable by the
27	27	17 judge upon a showing of good cause for subsequent periods
28	28	18 of 45 days.
29	29	19 (3) If a law enforcement agency possesses reasonable
30	30	20 suspicion that, under particular circumstances, swift
31	31	21 action is needed to prevent imminent harm to life, or to
32	32	22 forestall the imminent escape of a suspect or the
33	33	23 destruction of evidence. The use of a drone under this
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3178 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
38	38	725 ILCS 167/15 725 ILCS 167/15
39	39	725 ILCS 167/15
40	40	Amends the Freedom from Drone Surveillance Act. Provides that the Act does not prohibit the use of a drone by a law enforcement agency if the law enforcement agency is using the drone for pilot practice or training of a law enforcement officer or airborne photography or video for community marketing purposes or flight demonstrations for the general public.
41	41	LRB103 29947 RLC 56362 b LRB103 29947 RLC 56362 b
42	42	LRB103 29947 RLC 56362 b
43	43	A BILL FOR
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49	49	725 ILCS 167/15
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68	68	1 paragraph (3) is limited to a period of 48 hours. Within 24
69	69	2 hours of the initiation of the use of a drone under this
70	70	3 paragraph (3), the chief executive officer of the law
71	71	4 enforcement agency must report in writing the use of a
72	72	5 drone to the local State's Attorney.
73	73	6 (4) If a law enforcement agency is attempting to
74	74	7 locate a missing person, and is not also undertaking a
75	75	8 criminal investigation.
76	76	9 (5) If a law enforcement agency is using a drone
77	77	10 solely for crime scene and traffic crash scene
78	78	11 photography. Crime scene and traffic crash photography
79	79	12 must be conducted in a geographically confined and
80	80	13 time-limited manner to document specific occurrences. The
81	81	14 use of a drone under this paragraph (5) on private
82	82	15 property requires either a search warrant based on
83	83	16 probable cause under Section 108-3 of the Code of Criminal
84	84	17 Procedure of 1963 or lawful consent to search. The use of a
85	85	18 drone under this paragraph (5) on lands, highways,
86	86	19 roadways, or areas belonging to this State or political
87	87	20 subdivisions of this State does not require a search
88	88	21 warrant or consent to search. Any law enforcement agency
89	89	22 operating a drone under this paragraph (5) shall make
90	90	23 every reasonable attempt to only photograph the crime
91	91	24 scene or traffic crash scene and avoid other areas.
92	92	25 (6) If a law enforcement agency is using a drone
93	93	26 during a disaster or public health emergency, as defined
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104	104	1 by Section 4 of the Illinois Emergency Management Agency
105	105	2 Act. The use of a drone under this paragraph (6) does not
106	106	3 require an official declaration of a disaster or public
107	107	4 health emergency prior to use. A law enforcement agency
108	108	5 may use a drone under this paragraph (6) to obtain
109	109	6 information necessary for the determination of whether or
110	110	7 not a disaster or public health emergency should be
111	111	8 declared, to monitor weather or emergency conditions, to
112	112	9 survey damage, or to otherwise coordinate response and
113	113	10 recovery efforts. The use of a drone under this paragraph
114	114	11 (6) is permissible during the disaster or public health
115	115	12 emergency and during subsequent response and recovery
116	116	13 efforts.
117	117	14 (7) If a law enforcement agency is using a drone for
118	118	15 pilot practice or training of a law enforcement officer.
119	119	16 (8) If a law enforcement agency is using a drone for
120	120	17 airborne photography or video for community marketing
121	121	18 purposes or flight demonstrations for the general public.
122	122	19 (Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)
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