SB 1586 - Freedom From GPS Surveillance Act

• Law enforcement agents must obtain a search warrant based on probable cause (renewable for up to 30 days) or an arrest warrant before obtaining GPS location information, with limited exceptions.

• GPS location information may be obtained without a warrant in three circumstances: responding to emergency calls from the GPS device user, obtaining express consent from the subscriber or user, or in emergency situations involving imminent death or great bodily harm.

• Emergency access without a warrant is limited to 48 hours, after which law enforcement must obtain a warrant for continued use; information obtained beyond 48 hours without a warrant is inadmissible as evidence unless the state proves it would have been discovered through lawful means.

• The lead law enforcement agency must retain emergency access applications for a minimum of 2 years and provide them to the State's Attorney within 48 hours of obtaining the GPS location information.

• Compliance with the Act's provisions is a prerequisite for admitting GPS location information as evidence in court, and courts may independently review admissibility under the Fourth Amendment and Illinois Constitution.