Illinois 2023-2024 Regular Session

Illinois House Bill HB3902 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0101
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3	2		HB3902 Enrolled LRB103 31058 DTM 57678 b
4		-	AN ACT concerning State government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 1. This Act may be referred to as the Drones as
8		-	First Responders Act.
9		-	Section 5. The Freedom from Drone Surveillance Act is
10		-	amended by changing Sections 5, 15, 20, 25, and 35 and by
11		-	adding Sections 17, 18, and 45 as follows:
12		-	(725 ILCS 167/5)
13		-	Sec. 5. Definitions. As used in this Act:
14		-	"Authority" means the Illinois Criminal Justice
15		-	Information Authority.
16		-	"Drone" means any aerial vehicle that does not carry a
17		-	human operator.
18		-	"Information" means any evidence, images, sounds, data, or
19		-	other information gathered by a drone.
20		-	"Law enforcement agency" means any agency of this State or
21		-	a political subdivision of this State which is vested by law
22		-	with the duty to maintain public order and to enforce criminal
23		-	laws.
24		-	"Parade" means a march, procession, or other similar
25		-	activity consisting of persons, animals, vehicles, or things,
	3	+	1 AN ACT concerning State government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 1. This Act may be referred to as the Drones as
	7	+	5 First Responders Act.
	8	+	6 Section 5. The Freedom from Drone Surveillance Act is
	9	+	7 amended by changing Sections 5, 15, 20, 25, and 35 and by
	10	+	8 adding Sections 17, 18, and 45 as follows:
	11	+	9 (725 ILCS 167/5)
	12	+	10 Sec. 5. Definitions. As used in this Act:
	13	+	11 "Authority" means the Illinois Criminal Justice
	14	+	12 Information Authority.
	15	+	13 "Drone" means any aerial vehicle that does not carry a
	16	+	14 human operator.
	17	+	15 "Information" means any evidence, images, sounds, data, or
	18	+	16 other information gathered by a drone.
	19	+	17 "Law enforcement agency" means any agency of this State or
	20	+	18 a political subdivision of this State which is vested by law
	21	+	19 with the duty to maintain public order and to enforce criminal
	22	+	20 laws.
	23	+	21 "Parade" means a march, procession, or other similar
	24	+	22 activity consisting of persons, animals, vehicles, or things,
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32		-	or any combination thereof, upon a public street, sidewalk,
33		-	alley, or other public place, which requires a street closing
34		-	or otherwise requires stopping or rerouting vehicular traffic
35		-	because the parade will not or cannot comply with normal and
36		-	usual traffic regulations or controls. "Parade" does not
37		-	include a political protest, march, demonstration, or other
38		-	assembly protected by the First Amendment.
39		-	"Routed event" means a parade, walk, or race that:
40		-	(1) is hosted by the State of Illinois or a county,
41		-	municipality, township, or park district;
42		-	(2) is outdoors and open to the public; and
43		-	(3) has an estimated attendance of more than 50
44		-	people.
45		-	"Routed event" does not include any political protest,
46		-	march, demonstration, or other assembly protected by the First
47		-	Amendment.
48		-	"Special event" means a concert or food festival that:
49		-	(1) is hosted by the State of Illinois or a county,
50		-	municipality, township, or park district;
51		-	(2) is outdoors and open to the public; and
52		-	(3) has an estimated attendance of:
53		-	(i) 150 or more people in a unit of local
54		-	government with a population that is less than 50,000;
55		-	(ii) 250 or more people in a unit of local
56		-	government with a population that is greater than or
57		-	equal to 50,000 but less than 100,000;
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	33	+	1 or any combination thereof, upon a public street, sidewalk,
	34	+	2 alley, or other public place, which requires a street closing
	35	+	3 or otherwise requires stopping or rerouting vehicular traffic
	36	+	4 because the parade will not or cannot comply with normal and
	37	+	5 usual traffic regulations or controls. "Parade" does not
	38	+	6 include a political protest, march, demonstration, or other
	39	+	7 assembly protected by the First Amendment.
	40	+	8 "Routed event" means a parade, walk, or race that:
	41	+	9 (1) is hosted by the State of Illinois or a county,
	42	+	10 municipality, township, or park district;
	43	+	11 (2) is outdoors and open to the public; and
	44	+	12 (3) has an estimated attendance of more than 50
	45	+	13 people.
	46	+	14 "Routed event" does not include any political protest,
	47	+	15 march, demonstration, or other assembly protected by the First
	48	+	16 Amendment.
	49	+	17 "Special event" means a concert or food festival that:
	50	+	18 (1) is hosted by the State of Illinois or a county,
	51	+	19 municipality, township, or park district;
	52	+	20 (2) is outdoors and open to the public; and
	53	+	21 (3) has an estimated attendance of:
	54	+	22 (i) 150 or more people in a unit of local
	55	+	23 government with a population that is less than 50,000;
	56	+	24 (ii) 250 or more people in a unit of local
	57	+	25 government with a population that is greater than or
	58	+	26 equal to 50,000 but less than 100,000;
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60		-	(iii) 350 or more people in a unit of local
61		-	government with a population that is greater than or
62		-	equal to 100,000 but less than 500,000; or
63		-	(iv) 500 or more people in a unit of local
64		-	government with a population that is 500,000 or more.
65		-	"Special event" does not include any political protest,
66		-	march, demonstration, or other assembly protected by the First
67		-	Amendment.
68		-	(Source: P.A. 98-569, eff. 1-1-14.)
69		-	(725 ILCS 167/15)
70		-	Sec. 15. Exceptions. This Act does not prohibit the use of
71		-	a drone by a law enforcement agency:
72		-	(1) To counter a high risk of a terrorist attack by a
73		-	specific individual or organization if the United States
74		-	Secretary of Homeland Security determines that credible
75		-	intelligence indicates that there is that risk.
76		-	(2) If a law enforcement agency first obtains a search
77		-	warrant based on probable cause issued under Section 108-3
78		-	of the Code of Criminal Procedure of 1963. The warrant
79		-	must be limited to a period of 45 days, renewable by the
80		-	judge upon a showing of good cause for subsequent periods
81		-	of 45 days.
82		-	(3) If a law enforcement agency possesses reasonable
83		-	suspicion that, under particular circumstances, swift
84		-	action is needed to prevent imminent harm to life, or to
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87		-	forestall the imminent escape of a suspect or the
88		-	destruction of evidence. The use of a drone under this
89		-	paragraph (3) is limited to a period of 48 hours. Within 24
90		-	hours of the initiation of the use of a drone under this
91		-	paragraph (3), the chief executive officer of the law
92		-	enforcement agency must report in writing the use of a
93		-	drone to the local State's Attorney.
94		-	(4) If a law enforcement agency is not undertaking a
95		-	criminal investigation but is attempting to locate a
96		-	missing person, engaging in search and rescue operations,
97		-	or aiding a person who cannot otherwise be safely reached ,
98		-	and is not also undertaking a criminal investigation.
99		-	(5) If a law enforcement agency is using a drone
100		-	solely for crime scene and traffic crash scene
101		-	photography. Crime scene and traffic crash photography
102		-	must be conducted in a geographically confined and
103		-	time-limited manner to document specific occurrences. The
104		-	use of a drone under this paragraph (5) on private
105		-	property requires either a search warrant based on
106		-	probable cause under Section 108-3 of the Code of Criminal
107		-	Procedure of 1963 or lawful consent to search. The use of a
108		-	drone under this paragraph (5) on lands, highways,
109		-	roadways, or areas belonging to this State or political
110		-	subdivisions of this State does not require a search
111		-	warrant or consent to search. Any law enforcement agency
112		-	operating a drone under this paragraph (5) shall make
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115		-	every reasonable attempt to only photograph the crime
116		-	scene or traffic crash scene and avoid other areas.
117		-	(6) If a law enforcement agency is using a drone
118		-	during a disaster or public health emergency, as defined
119		-	by Section 4 of the Illinois Emergency Management Agency
120		-	Act. The use of a drone under this paragraph (6) does not
121		-	require an official declaration of a disaster or public
122		-	health emergency prior to use. A law enforcement agency
123		-	may use a drone under this paragraph (6) to obtain
124		-	information necessary for the determination of whether or
125		-	not a disaster or public health emergency should be
126		-	declared, to monitor weather or emergency conditions, to
127		-	survey damage, or to otherwise coordinate response and
128		-	recovery efforts. The use of a drone under this paragraph
129		-	(6) is permissible during the disaster or public health
130		-	emergency and during subsequent response and recovery
131		-	efforts.
132		-	(7) To conduct an infrastructure inspection of a
133		-	designated building or structure at the express request of
134		-	a local government agency. Any law enforcement agency
135		-	operating a drone under this paragraph (7) shall make
136		-	every reasonable attempt to photograph only the building
137		-	or structure and to avoid other areas.
138		-	(8) To demonstrate the capabilities and functionality
139		-	of a police drone for public relations purposes, provided
140		-	that no information is collected or recorded by the drone
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	69	+	1 (iii) 350 or more people in a unit of local
	70	+	2 government with a population that is greater than or
	71	+	3 equal to 100,000 but less than 500,000; or
	72	+	4 (iv) 500 or more people in a unit of local
	73	+	5 government with a population that is 500,000 or more.
	74	+	6 "Special event" does not include any political protest,
	75	+	7 march, demonstration, or other assembly protected by the First
	76	+	8 Amendment.
	77	+	9 (Source: P.A. 98-569, eff. 1-1-14.)
	78	+	10 (725 ILCS 167/15)
	79	+	11 Sec. 15. Exceptions. This Act does not prohibit the use of
	80	+	12 a drone by a law enforcement agency:
	81	+	13 (1) To counter a high risk of a terrorist attack by a
	82	+	14 specific individual or organization if the United States
	83	+	15 Secretary of Homeland Security determines that credible
	84	+	16 intelligence indicates that there is that risk.
	85	+	17 (2) If a law enforcement agency first obtains a search
	86	+	18 warrant based on probable cause issued under Section 108-3
	87	+	19 of the Code of Criminal Procedure of 1963. The warrant
	88	+	20 must be limited to a period of 45 days, renewable by the
	89	+	21 judge upon a showing of good cause for subsequent periods
	90	+	22 of 45 days.
	91	+	23 (3) If a law enforcement agency possesses reasonable
	92	+	24 suspicion that, under particular circumstances, swift
	93	+	25 action is needed to prevent imminent harm to life, or to
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143		-	during such demonstration.
144		-	(9) In response to Public Safety Answering Point
145		-	(PSAP) dispatched calls for service, when the sole purpose
146		-	for using a drone is for one or more first responders to
147		-	locate victims, to assist with immediate victim health or
148		-	safety needs, or to coordinate the response of emergency
149		-	vehicles and personnel to an emergency. As used in this
150		-	paragraph (9), "Public Safety Answering Point" and "PSAP"
151		-	have the meaning given to those terms in Section 2 of the
152		-	Emergency Telephone System Act.
153		-	(10) If a law enforcement agency is using a drone at a
154		-	routed event or special event. The use of a drone under
155		-	this paragraph (10) requires that:
156		-	(A) notice is posted at the event location for at
157		-	least 24 hours before the event and clearly
158		-	communicates that drones may be used at the upcoming
159		-	event for the purpose of real-time monitoring of
160		-	participant safety;
161		-	(B) notice is posted, if practical, at major entry
162		-	points to the event clearly informing the attendees
163		-	that a drone may be used for the purpose of real-time
164		-	monitoring of participant safety; and
165		-	(C) the drone is flown in accordance with Federal
166		-	Aviation Administration safety regulations.
167		-	Under this paragraph (10), a law enforcement agency
168		-	may use the drone:
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171		-	(i) in advance of an event, before event
172		-	participants have begun to assemble, for the sole
173		-	purpose of creating maps and determining appropriate
174		-	access routes, staging areas, and traffic routes,
175		-	provided that no personal identifying information is
176		-	recorded and provided further that no recorded
177		-	information is used in any criminal prosecution; or
178		-	(ii) during the event to proactively support
179		-	public safety personnel by monitoring the event
180		-	footprint in real time:
181		-	(I) to detect a breach of event space,
182		-	including a breach by an unauthorized vehicle, an
183		-	interruption of a parade route, or a breach of an
184		-	event barricade or fencing;
185		-	(II) to evaluate crowd size and density;
186		-	(III) to identify activity that could present
187		-	a public safety issue for the crowd as a whole,
188		-	including crowd movement;
189		-	(IV) to assist in the response of public
190		-	safety personnel to a real-time public safety
191		-	incident at the event; and
192		-	(V) to assess the traffic and pedestrian flow
193		-	around the event in real time.
194		-	(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)
195		-	(725 ILCS 167/17 new)
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198		-	Sec. 17. Use of facial recognition. A law enforcement
199		-	agency operating a drone under this Act is prohibited from
200		-	using, during a flight, onboard facial recognition software
201		-	that works in conjunction with the drone. A law enforcement
202		-	agency operating a drone under this Act is prohibited from
203		-	using any information gathered by a drone with any facial
204		-	recognition software, unless either (i) the law enforcement
205		-	agency is using a drone to counter a high risk of a terrorist
206		-	attack by a specific individual or organization and the United
207		-	States Secretary of Homeland Security has determined that
208		-	credible intelligence indicates that there is such a risk or
209		-	(ii) the law enforcement agency possesses reasonable suspicion
210		-	that, under particular circumstances, swift action is needed
211		-	to prevent imminent harm to life or to forestall the imminent
212		-	escape of a suspect or the destruction of evidence.
213		-	(725 ILCS 167/18 new)
214		-	Sec. 18. Use of weapons. A law enforcement agency
215		-	operating a drone under this Act is prohibited from equipping
216		-	or using on a drone any firearm, weaponized laser, kinetic
217		-	impact projectile, chemical agent or irritant, or any other
218		-	lethal or non-lethal weapon.
219		-	(725 ILCS 167/20)
220		-	Sec. 20. Information retention.
221		-	(a) If a law enforcement agency uses a drone under Section
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	104	+	1 forestall the imminent escape of a suspect or the
	105	+	2 destruction of evidence. The use of a drone under this
	106	+	3 paragraph (3) is limited to a period of 48 hours. Within 24
	107	+	4 hours of the initiation of the use of a drone under this
	108	+	5 paragraph (3), the chief executive officer of the law
	109	+	6 enforcement agency must report in writing the use of a
	110	+	7 drone to the local State's Attorney.
	111	+	8 (4) If a law enforcement agency is not undertaking a
	112	+	9 criminal investigation but is attempting to locate a
	113	+	10 missing person, engaging in search and rescue operations,
	114	+	11 or aiding a person who cannot otherwise be safely reached ,
	115	+	12 and is not also undertaking a criminal investigation.
	116	+	13 (5) If a law enforcement agency is using a drone
	117	+	14 solely for crime scene and traffic crash scene
	118	+	15 photography. Crime scene and traffic crash photography
	119	+	16 must be conducted in a geographically confined and
	120	+	17 time-limited manner to document specific occurrences. The
	121	+	18 use of a drone under this paragraph (5) on private
	122	+	19 property requires either a search warrant based on
	123	+	20 probable cause under Section 108-3 of the Code of Criminal
	124	+	21 Procedure of 1963 or lawful consent to search. The use of a
	125	+	22 drone under this paragraph (5) on lands, highways,
	126	+	23 roadways, or areas belonging to this State or political
	127	+	24 subdivisions of this State does not require a search
	128	+	25 warrant or consent to search. Any law enforcement agency
	129	+	26 operating a drone under this paragraph (5) shall make
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224		-	15 of this Act, the agency within 30 days shall destroy all
225		-	information gathered by the drone within the following
226		-	timeframes:
227		-	(1) All information gathered pursuant to paragraph
228		-	(1), (2), (3), (4), (5), (6), or (9) of Section 15 shall be
229		-	destroyed within 30 days after being gathered.
230		-	(2) All information gathered pursuant to paragraph
231		-	(10) of Section 15 shall be destroyed within 24 hours
232		-	after being gathered.
233		-	(3) All information gathered pursuant to paragraph (7)
234		-	of Section 15 shall be turned over to the requesting local
235		-	government agency as soon as practicable, and all gathered
236		-	information shall be destroyed immediately after the
237		-	information has been turned over.
238		-	(b) Notwithstanding subsection (a), except that a
239		-	supervisor at a law enforcement that agency may retain
240		-	particular information if:
241		-	(1) there is reasonable suspicion that the information
242		-	contains evidence of criminal activity; , or
243		-	(2) the information is relevant to an ongoing
244		-	investigation or pending criminal trial;
245		-	(3) a supervisor at the agency deems that the
246		-	information will be used exclusively for training
247		-	purposes, provided that any such information shall not
248		-	contain any personally identifiable information; or
249		-	(4) the information consists of only flight path data,
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252		-	metadata, or telemetry information of the drone.
253		-	(Source: P.A. 98-569, eff. 1-1-14.)
254		-	(725 ILCS 167/25)
255		-	Sec. 25. Information disclosure.
256		-	(a) If a law enforcement agency uses a drone under Section
257		-	15 of this Act, the agency shall not disclose any information
258		-	gathered by the drone, except that a supervisor of that agency
259		-	may disclose particular information to another governmental
260		-	government agency, if (1) there is reasonable suspicion that
261		-	the information contains evidence of criminal activity, or (2)
262		-	the information is relevant to an ongoing investigation or
263		-	pending criminal trial.
264		-	(b) Records of drone usage, including flight path data,
265		-	metadata, or telemetry information of specific flights, if
266		-	available, may be disclosed subject to the Freedom of
267		-	Information Act and rules adopted under that Act.
268		-	(c) A law enforcement agency that uses a drone under
269		-	Section 15 shall neither sell any information gathered by the
270		-	drone nor disclose any information gathered by the drone to
271		-	any person to whom disclosure is not authorized under this
272		-	Section.
273		-	(d) Nothing in this Act prevents the disclosure of
274		-	information through a court order or subpoena in connection
275		-	with a criminal proceeding or if the disclosure is in regard to
276		-	a completed traffic crash investigation.
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279		-	(Source: P.A. 98-569, eff. 1-1-14.)
280		-	(725 ILCS 167/35)
281		-	Sec. 35. Reporting.
282		-	(a) If a law enforcement agency owns one or more drones,
283		-	then subsequent to the effective date of this Act, it shall
284		-	report in writing annually by April 1 to the Authority the
285		-	number of drones that it owns, the number of times a drone was
286		-	used pursuant to each paragraph of Section 15, including the
287		-	date of use, time of use, reason for use, location, whether
288		-	video was recorded, and whether the video is designated for
289		-	retention for training purposes. The report shall contain a
290		-	copy of the agency's latest policy concerning drones as of the
291		-	most recent April 1.
292		-	(b) On July 1 of each year, the Authority shall publish on
293		-	its publicly available website a concise report that lists
294		-	every law enforcement agency that owns a drone, and for each of
295		-	those agencies, the number of drones that it owns, the number
296		-	of times a drone was used pursuant to each paragraph of Section
297		-	15, including the date of use, time of use, reason for use,
298		-	location, whether video was recorded, whether the video is
299		-	designated for retention for training purposes. The report
300		-	shall contain a copy of the agency's latest policy concerning
301		-	drones as of the most recent April 1.
302		-	(c) Each law enforcement agency that uses a drone shall
303		-	implement and make publicly available on its website the law
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	140	+	1 every reasonable attempt to only photograph the crime
	141	+	2 scene or traffic crash scene and avoid other areas.
	142	+	3 (6) If a law enforcement agency is using a drone
	143	+	4 during a disaster or public health emergency, as defined
	144	+	5 by Section 4 of the Illinois Emergency Management Agency
	145	+	6 Act. The use of a drone under this paragraph (6) does not
	146	+	7 require an official declaration of a disaster or public
	147	+	8 health emergency prior to use. A law enforcement agency
	148	+	9 may use a drone under this paragraph (6) to obtain
	149	+	10 information necessary for the determination of whether or
	150	+	11 not a disaster or public health emergency should be
	151	+	12 declared, to monitor weather or emergency conditions, to
	152	+	13 survey damage, or to otherwise coordinate response and
	153	+	14 recovery efforts. The use of a drone under this paragraph
	154	+	15 (6) is permissible during the disaster or public health
	155	+	16 emergency and during subsequent response and recovery
	156	+	17 efforts.
	157	+	18 (7) To conduct an infrastructure inspection of a
	158	+	19 designated building or structure at the express request of
	159	+	20 a local government agency. Any law enforcement agency
	160	+	21 operating a drone under this paragraph (7) shall make
	161	+	22 every reasonable attempt to photograph only the building
	162	+	23 or structure and to avoid other areas.
	163	+	24 (8) To demonstrate the capabilities and functionality
	164	+	25 of a police drone for public relations purposes, provided
	165	+	26 that no information is collected or recorded by the drone
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306		-	enforcement agency's policy governing the operation, use,
307		-	administration, and oversight of its drone program.
308		-	(Source: P.A. 98-569, eff. 1-1-14.)
309		-	(725 ILCS 167/45 new)
310		-	Sec. 45. Policy; violations.
311		-	(a) Each law enforcement agency using drones under this
312		-	Act shall have a policy outlining drone use consistent with
313		-	this Act. The policy shall include that, if an agency learns of
314		-	violations of this Act, the agency shall immediately take
315		-	actions to prevent future violations of the Act through any
316		-	one or more of the following means: training, discipline,
317		-	including progressive discipline for repeat violations, or
318		-	other means that will prevent repeated violations of the Act
319		-	by law enforcement. If an agency learns of willful and wanton
320		-	violations of this Act, the agency shall immediately remove
321		-	the pilot from its drone program and take action to prevent
322		-	future willful and wanton violations of the Act.
323		-	(b) The Attorney General shall have authority to conduct
324		-	investigations into patterns and practices of violations of
325		-	this Act. The Attorney General may:
326		-	(1) require a law enforcement agency, law enforcement
327		-	official, or any other person or entity to file a
328		-	statement or report in writing under oath or otherwise, as
329		-	to all information the Attorney General may consider
330		-	necessary;
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333		-	(2) examine under oath any law enforcement official or
334		-	any other person alleged to have participated in or with
335		-	knowledge of the alleged violation; or
336		-	(3) issue subpoenas, obtain records, conduct hearings,
337		-	or take any other actions in aid of any investigation.
338		-	If a law enforcement agency, law enforcement official, or
339		-	other person or entity fails to comply, in whole or in part,
340		-	with a subpoena or other investigative request issued under
341		-	paragraph (3) of this subsection, the Attorney General may
342		-	compel compliance through an action in the circuit court.
343		-	(c) Following completion of an investigation under
344		-	subsection (b), the Attorney General may, upon his or her own
345		-	information or upon the complaint of any person, maintain an
346		-	action for declaratory, injunctive, or any other equitable
347		-	relief in the circuit court against any law enforcement
348		-	agency, law enforcement official, or other person or entity
349		-	who violates any provision of this Act. These remedies are in
350		-	addition to, and not in substitution for, other available
351		-	remedies, penalties, or disciplinary action.
352		-	(d) Upon entry of an adverse judgment under this Act
353		-	demonstrating a pattern or practice of violations of this Act,
354		-	a law enforcement agency shall forfeit its ability to use
355		-	drones under Section 15 of this Act for not less than 6 months
356		-	for a first adverse judgment and up to one year for a second
357		-	adverse judgment demonstrating a pattern or practice of
358		-	violating this Act.
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359	172
360	173
361		-	(e) Nothing in this Section is intended to prohibit or
362		-	limit any other remedy available by law.
363		-	Section 97. Severability. The provisions of this Act are
364		-	severable under Section 1.31 of the Statute on Statutes.
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	176	+	1 during such demonstration.
	177	+	2 (9) In response to Public Safety Answering Point
	178	+	3 (PSAP) dispatched calls for service, when the sole purpose
	179	+	4 for using a drone is for one or more first responders to
	180	+	5 locate victims, to assist with immediate victim health or
	181	+	6 safety needs, or to coordinate the response of emergency
	182	+	7 vehicles and personnel to an emergency. As used in this
	183	+	8 paragraph (9), "Public Safety Answering Point" and "PSAP"
	184	+	9 have the meaning given to those terms in Section 2 of the
	185	+	10 Emergency Telephone System Act.
	186	+	11 (10) If a law enforcement agency is using a drone at a
	187	+	12 routed event or special event. The use of a drone under
	188	+	13 this paragraph (10) requires that:
	189	+	14 (A) notice is posted at the event location for at
	190	+	15 least 24 hours before the event and clearly
	191	+	16 communicates that drones may be used at the upcoming
	192	+	17 event for the purpose of real-time monitoring of
	193	+	18 participant safety;
	194	+	19 (B) notice is posted, if practical, at major entry
	195	+	20 points to the event clearly informing the attendees
	196	+	21 that a drone may be used for the purpose of real-time
	197	+	22 monitoring of participant safety; and
	198	+	23 (C) the drone is flown in accordance with Federal
	199	+	24 Aviation Administration safety regulations.
	200	+	25 Under this paragraph (10), a law enforcement agency
	201	+	26 may use the drone:
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	212	+	1 (i) in advance of an event, before event
	213	+	2 participants have begun to assemble, for the sole
	214	+	3 purpose of creating maps and determining appropriate
	215	+	4 access routes, staging areas, and traffic routes,
	216	+	5 provided that no personal identifying information is
	217	+	6 recorded and provided further that no recorded
	218	+	7 information is used in any criminal prosecution; or
	219	+	8 (ii) during the event to proactively support
	220	+	9 public safety personnel by monitoring the event
	221	+	10 footprint in real time:
	222	+	11 (I) to detect a breach of event space,
	223	+	12 including a breach by an unauthorized vehicle, an
	224	+	13 interruption of a parade route, or a breach of an
	225	+	14 event barricade or fencing;
	226	+	15 (II) to evaluate crowd size and density;
	227	+	16 (III) to identify activity that could present
	228	+	17 a public safety issue for the crowd as a whole,
	229	+	18 including crowd movement;
	230	+	19 (IV) to assist in the response of public
	231	+	20 safety personnel to a real-time public safety
	232	+	21 incident at the event; and
	233	+	22 (V) to assess the traffic and pedestrian flow
	234	+	23 around the event in real time.
	235	+	24 (Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)
	236	+	25 (725 ILCS 167/17 new)
	237	+
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	247	+	1 Sec. 17. Use of facial recognition. A law enforcement
	248	+	2 agency operating a drone under this Act is prohibited from
	249	+	3 using, during a flight, onboard facial recognition software
	250	+	4 that works in conjunction with the drone. A law enforcement
	251	+	5 agency operating a drone under this Act is prohibited from
	252	+	6 using any information gathered by a drone with any facial
	253	+	7 recognition software, unless either (i) the law enforcement
	254	+	8 agency is using a drone to counter a high risk of a terrorist
	255	+	9 attack by a specific individual or organization and the United
	256	+	10 States Secretary of Homeland Security has determined that
	257	+	11 credible intelligence indicates that there is such a risk or
	258	+	12 (ii) the law enforcement agency possesses reasonable suspicion
	259	+	13 that, under particular circumstances, swift action is needed
	260	+	14 to prevent imminent harm to life or to forestall the imminent
	261	+	15 escape of a suspect or the destruction of evidence.
	262	+	16 (725 ILCS 167/18 new)
	263	+	17 Sec. 18. Use of weapons. A law enforcement agency
	264	+	18 operating a drone under this Act is prohibited from equipping
	265	+	19 or using on a drone any firearm, weaponized laser, kinetic
	266	+	20 impact projectile, chemical agent or irritant, or any other
	267	+	21 lethal or non-lethal weapon.
	268	+	22 (725 ILCS 167/20)
	269	+	23 Sec. 20. Information retention.
	270	+	24 (a) If a law enforcement agency uses a drone under Section
	271	+
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	281	+	1 15 of this Act, the agency within 30 days shall destroy all
	282	+	2 information gathered by the drone within the following
	283	+	3 timeframes:
	284	+	4 (1) All information gathered pursuant to paragraph
	285	+	5 (1), (2), (3), (4), (5), (6), or (9) of Section 15 shall be
	286	+	6 destroyed within 30 days after being gathered.
	287	+	7 (2) All information gathered pursuant to paragraph
	288	+	8 (10) of Section 15 shall be destroyed within 24 hours
	289	+	9 after being gathered.
	290	+	10 (3) All information gathered pursuant to paragraph (7)
	291	+	11 of Section 15 shall be turned over to the requesting local
	292	+	12 government agency as soon as practicable, and all gathered
	293	+	13 information shall be destroyed immediately after the
	294	+	14 information has been turned over.
	295	+	15 (b) Notwithstanding subsection (a), except that a
	296	+	16 supervisor at a law enforcement that agency may retain
	297	+	17 particular information if:
	298	+	18 (1) there is reasonable suspicion that the information
	299	+	19 contains evidence of criminal activity; , or
	300	+	20 (2) the information is relevant to an ongoing
	301	+	21 investigation or pending criminal trial;
	302	+	22 (3) a supervisor at the agency deems that the
	303	+	23 information will be used exclusively for training
	304	+	24 purposes, provided that any such information shall not
	305	+	25 contain any personally identifiable information; or
	306	+	26 (4) the information consists of only flight path data,
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	317	+	1 metadata, or telemetry information of the drone.
	318	+	2 (Source: P.A. 98-569, eff. 1-1-14.)
	319	+	3 (725 ILCS 167/25)
	320	+	4 Sec. 25. Information disclosure.
	321	+	5 (a) If a law enforcement agency uses a drone under Section
	322	+	6 15 of this Act, the agency shall not disclose any information
	323	+	7 gathered by the drone, except that a supervisor of that agency
	324	+	8 may disclose particular information to another governmental
	325	+	9 government agency, if (1) there is reasonable suspicion that
	326	+	10 the information contains evidence of criminal activity, or (2)
	327	+	11 the information is relevant to an ongoing investigation or
	328	+	12 pending criminal trial.
	329	+	13 (b) Records of drone usage, including flight path data,
	330	+	14 metadata, or telemetry information of specific flights, if
	331	+	15 available, may be disclosed subject to the Freedom of
	332	+	16 Information Act and rules adopted under that Act.
	333	+	17 (c) A law enforcement agency that uses a drone under
	334	+	18 Section 15 shall neither sell any information gathered by the
	335	+	19 drone nor disclose any information gathered by the drone to
	336	+	20 any person to whom disclosure is not authorized under this
	337	+	21 Section.
	338	+	22 (d) Nothing in this Act prevents the disclosure of
	339	+	23 information through a court order or subpoena in connection
	340	+	24 with a criminal proceeding or if the disclosure is in regard to
	341	+	25 a completed traffic crash investigation.
	342	+
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	352	+	1 (Source: P.A. 98-569, eff. 1-1-14.)
	353	+	2 (725 ILCS 167/35)
	354	+	3 Sec. 35. Reporting.
	355	+	4 (a) If a law enforcement agency owns one or more drones,
	356	+	5 then subsequent to the effective date of this Act, it shall
	357	+	6 report in writing annually by April 1 to the Authority the
	358	+	7 number of drones that it owns, the number of times a drone was
	359	+	8 used pursuant to each paragraph of Section 15, including the
	360	+	9 date of use, time of use, reason for use, location, whether
	361	+	10 video was recorded, and whether the video is designated for
	362	+	11 retention for training purposes. The report shall contain a
	363	+	12 copy of the agency's latest policy concerning drones as of the
	364	+	13 most recent April 1.
	365	+	14 (b) On July 1 of each year, the Authority shall publish on
	366	+	15 its publicly available website a concise report that lists
	367	+	16 every law enforcement agency that owns a drone, and for each of
	368	+	17 those agencies, the number of drones that it owns, the number
	369	+	18 of times a drone was used pursuant to each paragraph of Section
	370	+	19 15, including the date of use, time of use, reason for use,
	371	+	20 location, whether video was recorded, whether the video is
	372	+	21 designated for retention for training purposes. The report
	373	+	22 shall contain a copy of the agency's latest policy concerning
	374	+	23 drones as of the most recent April 1.
	375	+	24 (c) Each law enforcement agency that uses a drone shall
	376	+	25 implement and make publicly available on its website the law
	377	+
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	387	+	1 enforcement agency's policy governing the operation, use,
	388	+	2 administration, and oversight of its drone program.
	389	+	3 (Source: P.A. 98-569, eff. 1-1-14.)
	390	+	4 (725 ILCS 167/45 new)
	391	+	5 Sec. 45. Policy; violations.
	392	+	6 (a) Each law enforcement agency using drones under this
	393	+	7 Act shall have a policy outlining drone use consistent with
	394	+	8 this Act. The policy shall include that, if an agency learns of
	395	+	9 violations of this Act, the agency shall immediately take
	396	+	10 actions to prevent future violations of the Act through any
	397	+	11 one or more of the following means: training, discipline,
	398	+	12 including progressive discipline for repeat violations, or
	399	+	13 other means that will prevent repeated violations of the Act
	400	+	14 by law enforcement. If an agency learns of willful and wanton
	401	+	15 violations of this Act, the agency shall immediately remove
	402	+	16 the pilot from its drone program and take action to prevent
	403	+	17 future willful and wanton violations of the Act.
	404	+	18 (b) The Attorney General shall have authority to conduct
	405	+	19 investigations into patterns and practices of violations of
	406	+	20 this Act. The Attorney General may:
	407	+	21 (1) require a law enforcement agency, law enforcement
	408	+	22 official, or any other person or entity to file a
	409	+	23 statement or report in writing under oath or otherwise, as
	410	+	24 to all information the Attorney General may consider
	411	+	25 necessary;
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	422	+	1 (2) examine under oath any law enforcement official or
	423	+	2 any other person alleged to have participated in or with
	424	+	3 knowledge of the alleged violation; or
	425	+	4 (3) issue subpoenas, obtain records, conduct hearings,
	426	+	5 or take any other actions in aid of any investigation.
	427	+	6 If a law enforcement agency, law enforcement official, or
	428	+	7 other person or entity fails to comply, in whole or in part,
	429	+	8 with a subpoena or other investigative request issued under
	430	+	9 paragraph (3) of this subsection, the Attorney General may
	431	+	10 compel compliance through an action in the circuit court.
	432	+	11 (c) Following completion of an investigation under
	433	+	12 subsection (b), the Attorney General may, upon his or her own
	434	+	13 information or upon the complaint of any person, maintain an
	435	+	14 action for declaratory, injunctive, or any other equitable
	436	+	15 relief in the circuit court against any law enforcement
	437	+	16 agency, law enforcement official, or other person or entity
	438	+	17 who violates any provision of this Act. These remedies are in
	439	+	18 addition to, and not in substitution for, other available
	440	+	19 remedies, penalties, or disciplinary action.
	441	+	20 (d) Upon entry of an adverse judgment under this Act
	442	+	21 demonstrating a pattern or practice of violations of this Act,
	443	+	22 a law enforcement agency shall forfeit its ability to use
	444	+	23 drones under Section 15 of this Act for not less than 6 months
	445	+	24 for a first adverse judgment and up to one year for a second
	446	+	25 adverse judgment demonstrating a pattern or practice of
	447	+	26 violating this Act.
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	458	+	1 (e) Nothing in this Section is intended to prohibit or
	459	+	2 limit any other remedy available by law.
	460	+	3 Section 97. Severability. The provisions of this Act are
	461	+	4 severable under Section 1.31 of the Statute on Statutes.
	462	+
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