Sen. Daniel Biss
Filed: 3/14/2013
 
 

 

 

 
09800SB1918sam002LRB098 08324 RLC 43010 a



1
AMENDMENT TO SENATE BILL 1918




2    AMENDMENT NO. ______. Amend Senate Bill 1918 by replacing 
3everything after the enacting clause with the following:




 
4    "Section 1. Short title. This Act may be cited as the 
5Freedom From Cell Phone Location Surveillance Act.
 
6    Section 5. Definitions.  As used in this Act:
7    "Cell phone location information" means information about 
8the location or movements of a mobile cell phone.

9    "Law enforcement agent" means any law enforcement officer 
10of an agency of the State or political subdivision of the State 
11who is vested by law with the duty to maintain public order or 
12enforce criminal laws.
 
13    Section 10. Warrant.   Except as provided in Section 15, a 
14law enforcement agent may not obtain cell phone location 
15information without either:
 
 
09800SB1918sam002- 2 -LRB098 08324 RLC 43010 a

1    (1) a search warrant based on probable cause, issued for 
2renewable periods of up to 30 days; or
3    (2) an arrest warrant issued under Section 107-9 of the 
4Code of Criminal Procedure of 1963.

 
5    Section 15. Exceptions.   Notwithstanding any other 
6provisions of this Act, any law enforcement agent may obtain 
7cell phone location information:
8    (1) to respond to a call for emergency services from the 
9user of the cell phone  concerned;
10    (2) with the express consent of the subscriber or user of 
11the cell phone concerned; or

12    (3) when a law enforcement agent reasonably believes that 
13obtaining cell phone location information without delay is 
14necessary to protect a person from an imminent danger of death 
15or great bodily harm, and the application to the cell phone 
16service provider for cell phone location information is 
17narrowly tailored to address this danger, subject to the 
18following limitations:
19        (A) The application shall document the factual basis 
20    for believing that this danger requires obtaining the cell 
21    phone information without delay.
22        (B) The lead law enforcement agency involved in the 
23    investigation shall retain the application for a minimum of 
24    2 years, and shall provide it to the State's Attorney in 
25    the county in which the lead agency is located within 48 
 
 
09800SB1918sam002- 3 -LRB098 08324 RLC 43010 a

1    hours of the time that the lead agency obtains access to 
2    cell phone location information under this paragraph (3). 
3        (C) Subsequent or ongoing use of cell phone location 
4    information as described in this paragraph (3) beyond a 
5    48-hour time span requires a warrant.  If the application 
6    for the warrant is denied, the cell phone location 
7    information shall not be admissible as evidence in a court 
8    of law, unless the State can prove the evidence obtained 
9    would inevitably have been discovered by lawful means as 
10    part of the ongoing investigation.


 
11    Section 20. Admissibility.   Compliance with the provisions 
12of this Act is a prerequisite to the admissibility into 
13evidence of any cell phone location information, but nothing in 
14this Act shall be deemed to prevent a court from otherwise 
15excluding the evidence on any other ground, nor shall anything 
16in this Section be deemed to prevent a court from independently 
17reviewing the admissibility of the evidence for compliance with 
18the Fourth Amendment to the United States Constitution or with 
19Article I, Section 6 of the Illinois Constitution.".