102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5452
 
Introduced , by Rep. Thaddeus Jones
 
SYNOPSIS AS INTRODUCED:



 
5 ILCS 140/7.5
725 ILCS 167/5
725 ILCS 167/15
725 ILCS 167/20
725 ILCS 167/25

 Amend the Freedom from Drone Surveillance Act. Defines "emotionally disturbed person" and "special event". Deletes "data" from the definition of "information". Provides that "information" does not apply to circumstances in which the drone is used over publicly owned property or private property with permission when the purpose is training peace officers, public relations, conducting infrastructure inspections, or other similar non-law enforcement purposes. Permits the use of a drone by a law enforcement agency if the law enforcement agency is assisting an emotionally disturbed person, and is not also undertaking a criminal investigation. Permits the use of a drone by a law enforcement agency at a special event to prepare for or monitor crowd size, density, and movement; assess public safety staffing; or to monitor the safety of the participants. If the special event is occurring on private property, use of a drone for this exception shall be authorized by the owners or organizers prior to flight. Provides that a law enforcement agency may use a drone to respond to Public Safety Answering Point (PSAP) dispatched calls for service, when the primary purpose for the response is to locate or assist victims, or both, identify offenders, and to guide emergency response. Provides that information gathered by a drone is subject to the disclosure and exception to disclosure provisions of the Freedom of Information Act. Makes other changes. Amends the Freedom of Information Act to make conforming changes.



LRB102 25343 RLC 34620 b


 
 
A BILL FOR
 


HB5452LRB102 25343 RLC 34620 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:



6 (5 ILCS 140/7.5)



7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be 
9exempt from inspection and copying:
10  (a) All information determined to be confidential 
11 under Section 4002 of the Technology Advancement and 
12 Development Act.
13  (b) Library circulation and order records identifying 
14 library users with specific materials under the Library 
15 Records Confidentiality Act.
16  (c) Applications, related documents, and medical 
17 records received by the Experimental Organ Transplantation 
18 Procedures Board and any and all documents or other 
19 records prepared by the Experimental Organ Transplantation 
20 Procedures Board or its staff relating to applications it 
21 has received.
22  (d) Information and records held by the Department of 
23 Public Health and its authorized representatives relating 
 
 
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1 to known or suspected cases of sexually transmissible 
2 disease or any information the disclosure of which is 
3 restricted under the Illinois Sexually Transmissible 
4 Disease Control Act.
5  (e) Information the disclosure of which is exempted 
6 under Section 30 of the Radon Industry Licensing Act.
7  (f) Firm performance evaluations under Section 55 of 
8 the Architectural, Engineering, and Land Surveying 
9 Qualifications Based Selection Act.
10  (g) Information the disclosure of which is restricted 
11 and exempted under Section 50 of the Illinois Prepaid 
12 Tuition Act.
13  (h) Information the disclosure of which is exempted 
14 under the State Officials and Employees Ethics Act, and 
15 records of any lawfully created State or local inspector 
16 general's office that would be exempt if created or 
17 obtained by an Executive Inspector General's office under 
18 that Act.
19  (i) Information contained in a local emergency energy 
20 plan submitted to a municipality in accordance with a 
21 local emergency energy plan ordinance that is adopted 
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23  (j) Information and data concerning the distribution 
24 of surcharge moneys collected and remitted by carriers 
25 under the Emergency Telephone System Act.
26  (k) Law enforcement officer identification information 
 
 
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1 or driver identification information compiled by a law 
2 enforcement agency or the Department of Transportation 
3 under Section 11-212 of the Illinois Vehicle Code.
4  (l) Records and information provided to a residential 
5 health care facility resident sexual assault and death 
6 review team or the Executive Council under the Abuse 
7 Prevention Review Team Act.
8  (m) Information provided to the predatory lending 
9 database created pursuant to Article 3 of the Residential 
10 Real Property Disclosure Act, except to the extent 
11 authorized under that Article.
12  (n) Defense budgets and petitions for certification of 
13 compensation and expenses for court appointed trial 
14 counsel as provided under Sections 10 and 15 of the 
15 Capital Crimes Litigation Act. This subsection (n) shall 
16 apply until the conclusion of the trial of the case, even 
17 if the prosecution chooses not to pursue the death penalty 
18 prior to trial or sentencing.
19  (o) Information that is prohibited from being 
20 disclosed under Section 4 of the Illinois Health and 
21 Hazardous Substances Registry Act.
22  (p) Security portions of system safety program plans, 
23 investigation reports, surveys, schedules, lists, data, or 
24 information compiled, collected, or prepared by or for the 
25 Department of Transportation under Sections 2705-300 and 
26 2705-616 of the Department of Transportation Law of the 
 
 
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1 Civil Administrative Code of Illinois, the Regional 
2 Transportation Authority under Section 2.11 of the 
3 Regional Transportation Authority Act, or the St. Clair 
4 County Transit District under the Bi-State Transit Safety 
5 Act. 
6  (q) Information prohibited from being disclosed by the 
7 Personnel Record Review Act. 
8  (r) Information prohibited from being disclosed by the 
9 Illinois School Student Records Act. 
10  (s) Information the disclosure of which is restricted 
11 under Section 5-108 of the Public Utilities Act. 

12  (t) All identified or deidentified health information 
13 in the form of health data or medical records contained 
14 in, stored in, submitted to, transferred by, or released 
15 from the Illinois Health Information Exchange, and 
16 identified or deidentified health information in the form 
17 of health data and medical records of the Illinois Health 
18 Information Exchange in the possession of the Illinois 
19 Health Information Exchange Office due to its 
20 administration of the Illinois Health Information 
21 Exchange. The terms "identified" and "deidentified" shall 
22 be given the same meaning as in the Health Insurance 
23 Portability and Accountability Act of 1996, Public Law 
24 104-191, or any subsequent amendments thereto, and any 
25 regulations promulgated thereunder. 
26  (u) Records and information provided to an independent 
 
 
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1 team of experts under the Developmental Disability and 
2 Mental Health Safety Act (also known as Brian's Law). 
3  (v) Names and information of people who have applied 
4 for or received Firearm Owner's Identification Cards under 
5 the Firearm Owners Identification Card Act or applied for 
6 or received a concealed carry license under the Firearm 
7 Concealed Carry Act, unless otherwise authorized by the 
8 Firearm Concealed Carry Act; and databases under the 
9 Firearm Concealed Carry Act, records of the Concealed 
10 Carry Licensing Review Board under the Firearm Concealed 
11 Carry Act, and law enforcement agency objections under the 
12 Firearm Concealed Carry Act. 
13  (v-5) Records of the Firearm Owner's Identification 
14 Card Review Board that are exempted from disclosure under 
15 Section 10 of the Firearm Owners Identification Card Act.
16  (w) Personally identifiable information which is 
17 exempted from disclosure under subsection (g) of Section 
18 19.1 of the Toll Highway Act.
19  (x) Information which is exempted from disclosure 
20 under Section 5-1014.3 of the Counties Code or Section 
21 8-11-21 of the Illinois Municipal Code. 
22  (y) Confidential information under the Adult 
23 Protective Services Act and its predecessor enabling 
24 statute, the Elder Abuse and Neglect Act, including 
25 information about the identity and administrative finding 
26 against any caregiver of a verified and substantiated 
 
 
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1 decision of abuse, neglect, or financial exploitation of 
2 an eligible adult maintained in the Registry established 
3 under Section 7.5 of the Adult Protective Services Act. 
4  (z) Records and information provided to a fatality 
5 review team or the Illinois Fatality Review Team Advisory 
6 Council under Section 15 of the Adult Protective Services 
7 Act. 
8  (aa) Information which is exempted from disclosure 
9 under Section 2.37 of the Wildlife Code. 
10  (bb) Information which is or was prohibited from 
11 disclosure by the Juvenile Court Act of 1987. 
12  (cc) Recordings made under the Law Enforcement 
13 Officer-Worn Body Camera Act, except to the extent 
14 authorized under that Act.
15  (dd) Information that is prohibited from being 
16 disclosed under Section 45 of the Condominium and Common 
17 Interest Community Ombudsperson Act. 
18  (ee) Information that is exempted from disclosure 
19 under Section 30.1 of the Pharmacy Practice Act. 
20  (ff) Information that is exempted from disclosure 
21 under the Revised Uniform Unclaimed Property Act. 
22  (gg) Information that is prohibited from being 
23 disclosed under Section 7-603.5 of the Illinois Vehicle 
24 Code. 
25  (hh) Records that are exempt from disclosure under 
26 Section 1A-16.7 of the Election Code. 
 
 
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1  (ii) Information which is exempted from disclosure 
2 under Section 2505-800 of the Department of Revenue Law of 
3 the Civil Administrative Code of Illinois. 
4  (jj) Information and reports that are required to be 
5 submitted to the Department of Labor by registering day 
6 and temporary labor service agencies but are exempt from 
7 disclosure under subsection (a-1) of Section 45 of the Day 
8 and Temporary Labor Services Act. 
9  (kk) Information prohibited from disclosure under the 
10 Seizure and Forfeiture Reporting Act. 
11  (ll) Information the disclosure of which is restricted 
12 and exempted under Section 5-30.8 of the Illinois Public 
13 Aid Code. 
14  (mm) Records that are exempt from disclosure under 
15 Section 4.2 of the Crime Victims Compensation Act. 
16  (nn) Information that is exempt from disclosure under 
17 Section 70 of the Higher Education Student Assistance Act. 
18  (oo) Communications, notes, records, and reports 
19 arising out of a peer support counseling session 
20 prohibited from disclosure under the First Responders 
21 Suicide Prevention Act. 
22  (pp) Names and all identifying information relating to 
23 an employee of an emergency services provider or law 
24 enforcement agency under the First Responders Suicide 
25 Prevention Act. 
26  (qq) Information and records held by the Department of 
 
 
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1 Public Health and its authorized representatives collected 
2 under the Reproductive Health Act. 
3  (rr) Information that is exempt from disclosure under 
4 the Cannabis Regulation and Tax Act. 
5  (ss) Data reported by an employer to the Department of 
6 Human Rights pursuant to Section 2-108 of the Illinois 
7 Human Rights Act.
8  (tt) Recordings made under the Children's Advocacy 
9 Center Act, except to the extent authorized under that 
10 Act. 
11  (uu) Information that is exempt from disclosure under 
12 Section 50 of the Sexual Assault Evidence Submission Act. 
13  (vv) Information that is exempt from disclosure under 
14 subsections (f) and (j) of Section 5-36 of the Illinois 
15 Public Aid Code. 
16  (ww) Information that is exempt from disclosure under 
17 Section 16.8 of the State Treasurer Act. 
18  (xx) Information that is exempt from disclosure or 
19 information that shall not be made public under the 
20 Illinois Insurance Code. 
21  (yy) Information prohibited from being disclosed under 
22 the Illinois Educational Labor Relations Act.
23  (zz) Information prohibited from being disclosed under 
24 the Illinois Public Labor Relations Act. 
25  (aaa) Information prohibited from being disclosed 
26 under Section 1-167 of the Illinois Pension Code. 
 
 
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1  (bbb) (ccc) Information that is prohibited from 
2 disclosure by the Illinois Police Training Act and the 
3 Illinois State Police Act. 
4  (ccc) (ddd) Records exempt from disclosure under 
5 Section
2605-304 of the Illinois Department of State 
6 Police Law of the Civil
Administrative Code of Illinois. 
7  (ddd) (bbb) Information prohibited from being 
8 disclosed under Section 35 of the Address Confidentiality 
9 for Victims of Domestic Violence, Sexual Assault, Human 
10 Trafficking, or Stalking Act. 
11  (eee) (ddd) Information prohibited from being 
12 disclosed under subsection (b) of Section 75 of the 
13 Domestic Violence Fatality Review Act. 
14  (fff) Information that is prohibited from disclosure 
15 under the Freedom from Drone Surveillance Act. 
16(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 
17101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 
181-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, 
19eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 
20101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. 
211-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, 
22eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 
23102-559, eff. 8-20-21; revised 10-5-21.)

24 Section 10. The Freedom from Drone Surveillance Act is 
25amended by changing Sections 5, 15, 20, and 25 as follows:

 
 
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1 (725 ILCS 167/5)

2 Sec. 5. Definitions. As used in this Act:
3 "Authority" means the Illinois Criminal Justice 
4Information Authority.
5 "Drone" means any aerial vehicle that does not carry a 
6human operator.
7 "Emotionally disturbed person" means a person who appears 
8to be mentally ill or temporarily deranged and is conducting 
9himself or herself in a manner which a peace officer 
10reasonably believes is likely to result in serious injury to 
11himself, herself, or others. 
12 "Information" means any evidence, images, sounds, data, or 
13other information gathered by a drone. "Information" does not 
14apply to circumstances in which the drone is used over 
15publicly owned property or private property with permission 
16when the purpose is training peace officers, public relations, 
17conducting infrastructure inspections, or other similar 
18non-law enforcement purposes. 
19 "Law enforcement agency" means any agency of this State or 
20a political subdivision of this State which is vested by law 
21with the duty to maintain public order and to enforce criminal 
22laws.


23 "Special event" means a non-routine activity within a 
24community that brings together a large number of people. 
25(Source: P.A. 98-569, eff. 1-1-14.)

 
 
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1 (725 ILCS 167/15)
2 Sec. 15. Exceptions.  This Act does not prohibit the use of 
3a drone by a law enforcement agency:
4  (1) To counter a high risk of a terrorist attack by a 
5 specific individual or organization if the United States 
6 Secretary of Homeland Security determines that credible 
7 intelligence indicates that there is that risk.
8  (2) If a law enforcement agency first obtains a search 
9 warrant based on probable cause issued under Section 108-3 
10 of the Code of Criminal Procedure of 1963. The warrant 
11 must be limited to a period of 45 days, renewable by the 
12 judge upon a showing of good cause for subsequent periods 
13 of 45 days.
14  (3) If a law enforcement agency possesses reasonable 
15 suspicion that, under particular circumstances, swift 
16 action is needed to prevent imminent harm to life, or to 
17 forestall the imminent escape of a suspect or the 
18 destruction of evidence. The use of a drone under this 
19 paragraph (3) is limited to a period of 48 hours. Within 24 
20 hours of the initiation of the use of a drone under this 
21 paragraph (3), the chief executive officer of the law 
22 enforcement agency must report in writing the use of a 
23 drone to the local State's Attorney.
24  (4) If a law enforcement agency is attempting to 
25 locate a missing person or assisting an emotionally 
 
 
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1 disturbed person, and is not also undertaking a criminal 
2 investigation.
3  (5) If a law enforcement agency is using a drone 
4 solely for crime scene and traffic crash scene 
5 photography. Crime scene and traffic crash photography 
6 must be conducted in a geographically confined and 
7 time-limited manner to document specific occurrences. The 
8 use of a drone under this paragraph (5) on private 
9 property requires either a search warrant based on 
10 probable cause under Section 108-3 of the Code of Criminal 
11 Procedure of 1963 or lawful consent to search. The use of a 
12 drone under this paragraph (5) on lands, highways, 
13 roadways, or areas belonging to this State or political 
14 subdivisions of this State does not require a search 
15 warrant or consent to search. Any law enforcement agency 
16 operating a drone under this paragraph (5) shall make 
17 every reasonable attempt to only photograph the crime 
18 scene or traffic crash scene and avoid other areas.


19  (6) If a law enforcement agency is using a drone 
20 during a disaster or public health emergency, as defined 
21 by Section 4 of the Illinois Emergency Management Agency 
22 Act. The use of a drone under this paragraph (6) does not 
23 require an official declaration of a disaster or public 
24 health emergency prior to use. A law enforcement agency 
25 may use a drone under this paragraph (6) to obtain 
26 information necessary for the determination of whether or 
 
 
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1 not a disaster or public health emergency should be 
2 declared, to monitor weather or emergency conditions, to 
3 survey damage, or to otherwise coordinate response and 
4 recovery efforts. The use of a drone under this paragraph 
5 (6) is permissible during the disaster or public health 
6 emergency and during subsequent response and recovery 
7 efforts. 
8  (7) If a law enforcement agency is using a drone at a 
9 special event to:
10   (A) prepare for or monitor crowd size, density, 
11 and movement;
12   (B) assess public safety staffing; or
13   (C) monitor the safety of the participants.
14  If the special event is occurring on private property, 
15 use of a drone for this exception shall be authorized by 
16 the owners or organizers prior to flight.
17  (8) If a law enforcement agency is using a drone to 
18 respond to Public Safety Answering Point (PSAP) dispatched 
19 calls for service, when the primary purpose for the 
20 response is to locate or assist victims, or both, identify 
21 offenders, and to guide emergency response. 
22(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)

23 (725 ILCS 167/20)

24 Sec. 20. Information retention.  If a law enforcement 
25agency uses a drone under Section 15 of this Act, the agency 
 
 
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1within 30 days shall destroy all information gathered by the 
2drone, except that the a supervisor at that agency may retain 
3particular information if:
4  (1) there is reasonable suspicion that the information 
5 contains evidence of criminal activity; , or
6  (2) the information is relevant to an ongoing 
7 investigation or pending criminal trial; .


8  (3) the information is required to be retained to 
9 comply with the Local Records Commission retention 
10 schedules;
11  (4) a supervisor at the agency deems that the 
12 information will be used exclusively for training 
13 purposes.
14 If a law enforcement agency uses a drone under Section 15 
15at any demonstration, protest, rally, march, parade, or other 
16gathering for the purpose of expressing political, religious, 
17social, or other views, the law enforcement agency shall 
18destroy all information gathered by the drone within 7 days, 
19except that the agency may retain the particular information 
20if:
21  (1) there is reasonable suspicion that the information 
22 contains evidence of criminal activity; or
23  (2) the information is relevant to an ongoing

24 investigation or pending criminal trial. 
25(Source: P.A. 98-569, eff. 1-1-14.)

 
 
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1 (725 ILCS 167/25)

2 Sec. 25. Information disclosure.  Information gathered by 
3a drone is subject to the Freedom of Information Act. If a law 
4enforcement agency uses a drone under Section 15 of this Act, 
5the agency shall not disclose any information gathered by the 
6drone, except that a supervisor of that agency may disclose 
7particular information to another government agency, if (1) 
8there is reasonable suspicion that the information contains 
9evidence of criminal activity, or (2) the information is 
10relevant to an ongoing investigation or pending criminal 
11trial.

12(Source: P.A. 98-569, eff. 1-1-14.)