Heyl Royster

 


Heyl Royster

 

Review of New Illinois Laws: Criminal Law

3/4/15

Drone Aircraft can be used by law enforcement agencies to help determine whether a disaster or emergency should be declared, to monitor conditions, survey damage, and coordinate response efforts. Police cannot use or direct the use of drones owned by private parties to gather information outside of certain exceptions, but can accept such information if voluntarily provided to them (S.B. 2937, Biss-Connelly— Williams et al.) P.A. 98-831

Location Surveillance. Law enforcement agencies must have a court order based on probable cause to get location information from a personal electronic device, except in emergencies. A court order must be sought to continue emergency acquisition of such information after 72 hours have passed (S.B. 2808, Biss-Connelly-Rose et al.—Williams-D. Harris-T. Morrison-B. Wheeler-Gabel). P.A. 98-1104

Official Misconduct. A public officer or employee who knowingly discloses information acquired in employment to prevent or impede a criminal investigation, arrest, or prosecution will commit official misconduct, a Class 3 felony (S.B. 2695, Koehler et al.—Unes-Stewart-Zalewski-Anthony-Sandack). P.A. 98-867

Patent Infringement Claims. Making false or deceptive assertions of patent infringement becomes an unlawful practice (S.B. 3405, Biss et al.—Williams-Kifowit-Sente-Yingling-DeLuca et al.) P.A. 98-1119

Records. Destroying. Altering, destroying, removing, or concealing any local public record knowingly, without lawful authority, and with intent to defraud becomes a Class 4 felony (H.B. 4216, DeLuca-Sims-Pihos—Haine). P.A. 98-1063

Expunging. The Department of State Police must automatically expunge a record of arrest, created after 2014, for a Class 3 felony or lesser crime, other than a sex offense, of any minor upon turning 18 if the arrest did not result in a delinquency petition and the minor has not been arrested or charged with delinquency or a crime in the last 6 months. Adults can query the Department about any juvenile records on them predating 2015, and file expungement requests (S.B. 978, Raoul-Hunter-Collins-Trotter et al.—Turner-C. Mitchell-Smith-Sims et al.) P.A. 98-637

Sealing records of "qualified probation," applying mostly to drug crimes and arrest or conviction for some violent misdemeanors, are added to the list of kinds of records that courts can order sealed (H.B. 2378, Mayfield-M. Davis-Ford-Evans-Flowers et al.—Hunter-Van Pelt-Collins-Raoul-Trotter et al.) P.A. 98-1009

Orders of supervision and convictions for municipal ordinance violations are now eligible for sealing (H.B. 5815, Ives-Zalewski-Reboletti-Durkin-Rita et al.—Connelly-Van Pelt-Trotter-Collins). P.A. 98-635

Ticket Quotas. State and local police agencies cannot require their officers to issue specific numbers of citations within a designated time or consider numbers of citations issued in their evaluations (S.B. 3411, Manar-Holmes-Connelly-Link-Rose et al.—Hoffman-Anthony-Cabello-Sandack-Gordon-Booth et al.) P.A. 98-650

Underaged Drinking. Vehicles and watercraft are added to the places where parents or guardians can not knowingly allow underaged drinking (H.B. 4745, Sente-Yingling-E. Sullivan-Reboletti-Pritchard et al.—J. Morrison-Bush-Kotowski-Althoff-Collins). P.A. 98-1017