Illinois Compiled Statutes 725 ILCS 167/45 – Policy; violations
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(a) Each law enforcement agency using drones under this Act shall have a policy outlining drone use consistent with this Act. The policy shall include that, if an agency learns of violations of this Act, the agency shall immediately take actions to prevent future violations of the Act through any one or more of the following means: training, discipline, including progressive discipline for repeat violations, or other means that will prevent repeated violations of the Act by law enforcement. If an agency learns of willful and wanton violations of this Act, the agency shall immediately remove the pilot from its drone program and take action to prevent future willful and wanton violations of the Act.
(b) The Attorney General shall have authority to conduct investigations into patterns and practices of violations of this Act. The Attorney General may:
(1) require a law enforcement agency, law enforcement
(b) The Attorney General shall have authority to conduct investigations into patterns and practices of violations of this Act. The Attorney General may:
Terms Used In Illinois Compiled Statutes 725 ILCS 167/45
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Oath: A promise to tell the truth.
- oath: shall be deemed to include an affirmation, and the word "sworn" shall be construed to include the word "affirmed. See Illinois Compiled Statutes 5 ILCS 70/1.12
- Subpoena: A command to a witness to appear and give testimony.
(1) require a law enforcement agency, law enforcement
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official, or any other person or entity to file a statement or report in writing under oath or otherwise, as to all information the Attorney General may consider necessary;
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(2) examine under oath any law enforcement official
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or any other person alleged to have participated in or with knowledge of the alleged violation; or
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(3) issue subpoenas, obtain records, conduct
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hearings, or take any other actions in aid of any investigation.
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If a law enforcement agency, law enforcement official, or other person or entity fails to comply, in whole or in part, with a subpoena or other investigative request issued under paragraph (3) of this subsection, the Attorney General may compel compliance through an action in the circuit court.
(c) Following completion of an investigation under subsection (b), the Attorney General may, upon his or her own information or upon the complaint of any person, maintain an action for declaratory, injunctive, or any other equitable relief in the circuit court against any law enforcement agency, law enforcement official, or other person or entity who violates any provision of this Act. These remedies are in addition to, and not in substitution for, other available remedies, penalties, or disciplinary action.
(d) Upon entry of an adverse judgment under this Act demonstrating a pattern or practice of violations of this Act, a law enforcement agency shall forfeit its ability to use drones under Section 15 of this Act for not less than 6 months for a first adverse judgment and up to one year for a second adverse judgment demonstrating a pattern or practice of violating this Act.
(e) Nothing in this Section is intended to prohibit or limit any other remedy available by law.
(c) Following completion of an investigation under subsection (b), the Attorney General may, upon his or her own information or upon the complaint of any person, maintain an action for declaratory, injunctive, or any other equitable relief in the circuit court against any law enforcement agency, law enforcement official, or other person or entity who violates any provision of this Act. These remedies are in addition to, and not in substitution for, other available remedies, penalties, or disciplinary action.
(d) Upon entry of an adverse judgment under this Act demonstrating a pattern or practice of violations of this Act, a law enforcement agency shall forfeit its ability to use drones under Section 15 of this Act for not less than 6 months for a first adverse judgment and up to one year for a second adverse judgment demonstrating a pattern or practice of violating this Act.
(e) Nothing in this Section is intended to prohibit or limit any other remedy available by law.