725 ILCS 168/1
Short title
Short title. This Act may be cited as the Freedom From Location Surveillance Act. (Source: P.A. 98-1104, eff. 8-26-14.)
Illinois Compiled Statutes 725 ILCS 168 — Freedom From Location Surveillance Act.
Illinois · statute · 725 ILCS 168 · 8 active provisions
Provisions
725 ILCS 168/5
Definitions
Definitions. For the purpose of this Act: "Basic subscriber information" means name, address, local and long distance telephone connection records or records of session time and durations; length of services, including start dates, and types of services utilized; telephone or instrument number or other subscriber numbe…
725 ILCS 168/10
Court authorization
Court authorization. Except as provided in Section 15, a law enforcement agency shall not obtain location information pertaining to a person or his or her effects without first obtaining a court order under Section 108-4 of the Code of Criminal Procedure of 1963 based on probable cause to believe that the person whose…
725 ILCS 168/15
Exceptions
Exceptions. This Act does not prohibit a law enforcement agency from seeking to obtain location information: (1) to respond to a call for emergency services concerning the user or possessor of an electronic device; (2) with the lawful consent of the owner of the electronic device or person in actual or constructive pos…
725 ILCS 168/20
Admissibility
Admissibility. If the court finds by a preponderance of the evidence that a law enforcement agency obtained location information pertaining to a person or his or her effects in violation of Section 10 or 15 of this Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceedi…
725 ILCS 168/25
Providing location information to a law enforcement agency not required
Providing location information to a law enforcement agency not required. Nothing in this Act shall be construed to require a person to provide location information to a law enforcement agency under Section 15. (Source: P.A. 101-460, eff. 8-23-19.)
725 ILCS 168/30
Inapplicability
Inapplicability. This Act does not apply to a law enforcement agency obtaining basic subscriber information from a service provider under a valid subpoena, court order, or search warrant. (Source: P.A. 98-1104, eff. 8-26-14.)
725 ILCS 168/99
Effective date
Effective date. This Act takes effect upon becoming law. (Source: P.A. 98-1104, eff. 8-26-14.)