HB 2134

Abstract

Amends the Freedom From Location Surveillance Act. Provides that "electronic device" means any device that enables access to, or use of an electronic communication service that provides the ability to send or receive wire or electronic communications, including wireless communications connecting the device to a telephone network. Modifies the definition of "location information" to include information concerning the location of an electronic device that, in whole or in part, is generated by or derived from the possession of the device (rather than only operation of the device). Provides that a law enforcement agency shall not obtain location information (rather than current or future location information) pertaining to a person or his or her effects without first obtaining a court order under the Code of Criminal Procedure of 1963 based on probable cause. Provides that the Act does not apply to a law enforcement agency obtaining basic subscriber information from a service provider under a valid court order or search warrant (removes subpoena). Makes other changes. Effective immediately. House Committee Amendment No. 3 Deletes reference to: 725 ILCS 168/5 725 ILCS 168/30 Replaces everything after the enacting clause. Amends the Freedom From Location Surveillance Act. Reinserts the provisions of the introduced bill, except omits the amendatory changes to the provision concerning the inapplicability of the Act and definitional provisions. Effective immediately.