IL SB2875

Law enforcement must obtain a court order under Section 108-4 of the Code of Criminal Procedure based on probable cause before obtaining current or future location information, with orders limited to 60-day periods renewable upon showing of good cause.

Courts may grant location information requests through electronic video and audio testimony with sworn statements, following procedures for electronic issuance of search warrants.

Law enforcement may obtain location information without a court order in specific circumstances including emergency services responses, with owner consent, from publicly available social media/metadata, for monitoring individuals under release conditions, and to locate missing persons.

Emergency situations permitting warrantless location tracking include imminent danger of death or great bodily harm, kidnapping, hostage situations, abductions, organized crime investigations, national security threats, computer attacks constituting felonies, and escapes under Section 31-6 of the Criminal Code; emergency requests require court approval within 72 hours or must cease immediately.

Law enforcement may track devices owned or leased by their agency without a court order.