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Full Text of HB3902 103rd General Assembly
HB3902enr 103RD GENERAL ASSEMBLY
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| | 1 | | AN ACT concerning State government.
| | 2 | | Be it enacted by the People of the State of Illinois,
| | 3 | | represented in the General Assembly:
| | 4 | | Section 1. This Act may be referred to as the Drones as | | 5 | | First Responders Act.
| | 6 | | Section 5. The Freedom from Drone Surveillance Act is | | 7 | | amended by changing Sections 5, 15, 20, 25, and 35 and by | | 8 | | adding Sections 17, 18, and 45 as follows:
| | 9 | | (725 ILCS 167/5)
| | 10 | | Sec. 5. Definitions. As used in this Act: | | 11 | | "Authority" means the Illinois Criminal Justice | | 12 | | Information Authority. | | 13 | | "Drone" means any aerial vehicle that does not carry a | | 14 | | human operator. | | 15 | | "Information" means any evidence, images, sounds, data, or | | 16 | | other information gathered by a drone. | | 17 | | "Law enforcement agency" means any agency of this State or | | 18 | | a political subdivision of this State which is vested by law | | 19 | | with the duty to maintain public order and to enforce criminal | | 20 | | laws.
| | 21 | | "Parade" means a march, procession, or other similar | | 22 | | activity consisting of persons, animals, vehicles, or things, |
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or any combination thereof, upon a public street, sidewalk, |
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alley, or other public place, which requires a street closing |
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or otherwise requires stopping or rerouting vehicular traffic |
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because the parade will not or cannot comply with normal and |
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usual traffic regulations or controls. "Parade" does not |
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include a political protest, march, demonstration, or other |
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assembly protected by the First Amendment. |
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"Routed event" means a parade, walk, or race that: |
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(1) is hosted by the State of Illinois or a county, |
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municipality, township, or park district; |
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(2) is outdoors and open to the public; and |
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(3) has an estimated attendance of more than 50 |
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people. |
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"Routed event" does not include any political protest, |
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march, demonstration, or other assembly protected by the First |
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Amendment. |
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"Special event" means a concert or food festival that: |
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(1) is hosted by the State of Illinois or a county, |
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municipality, township, or park district; |
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(2) is outdoors and open to the public; and |
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(3) has an estimated attendance of: |
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(i) 150 or more people in a unit of local |
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government with a population that is less than 50,000; |
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(ii) 250 or more people in a unit of local |
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government with a population that is greater than or |
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equal to 50,000 but less than 100,000; |
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(iii) 350 or more people in a unit of local |
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government with a population that is greater than or |
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equal to 100,000 but less than 500,000; or |
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(iv) 500 or more people in a unit of local |
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government with a population that is 500,000 or more. |
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"Special event" does not include any political protest, |
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march, demonstration, or other assembly protected by the First |
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Amendment. |
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(Source: P.A. 98-569, eff. 1-1-14.)
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(725 ILCS 167/15) |
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Sec. 15. Exceptions. This Act does not prohibit the use of |
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a drone by a law enforcement agency: |
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(1) To counter a high risk of a terrorist attack by a |
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specific individual or organization if the United States |
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Secretary of Homeland Security determines that credible |
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intelligence indicates that there is that risk. |
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(2) If a law enforcement agency first obtains a search |
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warrant based on probable cause issued under Section 108-3 |
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of the Code of Criminal Procedure of 1963. The warrant |
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must be limited to a period of 45 days, renewable by the |
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judge upon a showing of good cause for subsequent periods |
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of 45 days. |
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(3) If a law enforcement agency possesses reasonable |
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suspicion that, under particular circumstances, swift |
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action is needed to prevent imminent harm to life, or to |
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forestall the imminent escape of a suspect or the |
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destruction of evidence. The use of a drone under this |
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paragraph (3) is limited to a period of 48 hours. Within 24 |
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hours of the initiation of the use of a drone under this |
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paragraph (3), the chief executive officer of the law |
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enforcement agency must report in writing the use of a |
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drone to the local State's Attorney. |
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(4) If a law enforcement agency is not undertaking a |
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criminal investigation but is attempting to locate a |
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missing person, engaging in search and rescue operations, |
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or aiding a person who cannot otherwise be safely reached , |
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and is not also undertaking a criminal investigation. |
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(5) If a law enforcement agency is using a drone |
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solely for crime scene and traffic crash scene |
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photography. Crime scene and traffic crash photography |
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must be conducted in a geographically confined and |
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time-limited manner to document specific occurrences. The |
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use of a drone under this paragraph (5) on private |
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property requires either a search warrant based on |
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probable cause under Section 108-3 of the Code of Criminal |
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Procedure of 1963 or lawful consent to search. The use of a |
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drone under this paragraph (5) on lands, highways, |
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roadways, or areas belonging to this State or political |
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subdivisions of this State does not require a search |
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warrant or consent to search. Any law enforcement agency |
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operating a drone under this paragraph (5) shall make |
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every reasonable attempt to only photograph the crime |
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scene or traffic crash scene and avoid other areas.
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(6) If a law enforcement agency is using a drone |
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during a disaster or public health emergency, as defined |
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by Section 4 of the Illinois Emergency Management Agency |
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Act. The use of a drone under this paragraph (6) does not |
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require an official declaration of a disaster or public |
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health emergency prior to use. A law enforcement agency |
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may use a drone under this paragraph (6) to obtain |
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information necessary for the determination of whether or |
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not a disaster or public health emergency should be |
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declared, to monitor weather or emergency conditions, to |
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survey damage, or to otherwise coordinate response and |
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recovery efforts. The use of a drone under this paragraph |
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(6) is permissible during the disaster or public health |
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emergency and during subsequent response and recovery |
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efforts. |
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(7) To conduct an infrastructure inspection of a |
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designated building or structure at the express request of |
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a local government agency. Any law enforcement agency |
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operating a drone under this paragraph (7) shall make |
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every reasonable attempt to photograph only the building |
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or structure and to avoid other areas. |
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(8) To demonstrate the capabilities and functionality |
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of a police drone for public relations purposes, provided |
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that no information is collected or recorded by the drone |
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during such demonstration. |
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(9) In response to Public Safety Answering Point |
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(PSAP) dispatched calls for service, when the sole purpose |
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for using a drone is for one or more first responders to |
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locate victims, to assist with immediate victim health or |
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safety needs, or to coordinate the response of emergency |
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vehicles and personnel to an emergency. As used in this |
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paragraph (9), "Public Safety Answering Point" and "PSAP" |
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have the meaning given to those terms in Section 2 of the |
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Emergency Telephone System Act. |
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(10) If a law enforcement agency is using a drone at a |
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routed event or special event. The use of a drone under |
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this paragraph (10) requires that: |
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(A) notice is posted at the event location for at |
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least 24 hours before the event and clearly |
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communicates that drones may be used at the upcoming |
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event for the purpose of real-time monitoring of |
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participant safety; |
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(B) notice is posted, if practical, at major entry |
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points to the event clearly informing the attendees |
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that a drone may be used for the purpose of real-time |
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monitoring of participant safety; and |
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(C) the drone is flown in accordance with Federal |
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Aviation Administration safety regulations. |
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Under this paragraph (10), a law enforcement agency |
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may use the drone: |
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(i) in advance of an event, before event |
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participants have begun to assemble, for the sole |
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purpose of creating maps and determining appropriate |
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access routes, staging areas, and traffic routes, |
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provided that no personal identifying information is |
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recorded and provided further that no recorded |
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information is used in any criminal prosecution; or |
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(ii) during the event to proactively support |
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public safety personnel by monitoring the event |
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footprint in real time: |
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(I) to detect a breach of event space, |
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including a breach by an unauthorized vehicle, an |
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interruption of a parade route, or a breach of an |
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event barricade or fencing; |
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(II) to evaluate crowd size and density; |
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(III) to identify activity that could present |
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a public safety issue for the crowd as a whole, |
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including crowd movement; |
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(IV) to assist in the response of public |
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safety personnel to a real-time public safety |
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incident at the event; and |
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(V) to assess the traffic and pedestrian flow |
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around the event in real time. |
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(Source: P.A. 98-569, eff. 1-1-14; 98-831, eff. 1-1-15.)
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(725 ILCS 167/17 new) |
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Sec. 17. Use of facial recognition. A law enforcement |
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agency operating a drone under this Act is prohibited from |
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using, during a flight, onboard facial
recognition software |
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that works in conjunction with the drone. A law enforcement |
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agency operating a drone under this Act is prohibited from |
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using any information gathered by a drone with any facial |
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recognition software, unless either (i) the law enforcement |
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agency is using a drone to counter a high risk of a terrorist |
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attack by a specific individual or organization and the United |
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States Secretary of Homeland Security has determined that |
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credible intelligence indicates that there is such a risk or |
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(ii) the law enforcement agency possesses reasonable suspicion |
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that, under particular circumstances, swift action is needed |
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to prevent imminent harm to life or to forestall the imminent |
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escape of a suspect or the destruction of evidence.
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(725 ILCS 167/18 new) |
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Sec. 18. Use of weapons. A law enforcement agency |
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operating a drone under this Act is prohibited from equipping |
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or using on a drone any firearm, weaponized laser, kinetic |
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impact projectile, chemical agent or irritant, or any other |
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lethal or non-lethal weapon.
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(725 ILCS 167/20)
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Sec. 20. Information retention. |
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(a) If a law enforcement agency uses a drone under Section |
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15 of this Act, the agency within 30 days shall destroy all |
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information gathered by the drone within the following |
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timeframes: |
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(1) All information gathered pursuant to paragraph |
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(1), (2), (3), (4), (5), |
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