Federal Project(s) Operating in the State:

The American Woodcock Singing-Ground Survey, a citizen science monitoring project managed by the U.S. Fish & Wildlife Service, is meant to provide data on woodcock population trends for states, provinces, management regions, and the continent. See American Woodcock, U.S. Fish & Wildlife Serv., https://www.fws.gov/birds/surveys-and-data/webless-migratory-game-birds/american-woodcock.php (last visited Feb. 7, 2019). The project is operating in Illinois. See American Woodcock Singing-ground Survey, CitizenScience.gov, https://www.citizenscience.gov/catalog/182/# (last visited Feb. 7, 2019).

Shared Air/Shared Action (SA₂): Community Empowerment through Low-Cost Air Pollution Monitoring is an environmental justice-focused citizen air monitoring program sponsored by the U.S. Environmental Protection Agency and managed by Kansas State University. See Shared Air/Shared Action (SA2): Community Empowerment through Low-Cost Air Pollution Monitoring, Kan. State U., https://www.engg.ksu.edu/chsr/SA2%20Air%20Monitoring%20Project (last visited Feb. 7, 2019). The program is located in Chicago, Illinois. See id. 

State Project(s):

Citizens Observing and Surveying the Shoreline (“COASTS”) is a citizen science monitoring project that trains volunteers to collect beach topography data along Illinois’ Lake Michigan shoreline. See About COASTS, COASTS – Citizens Observing and Surveying the Shoreline, https://publish.illinois.edu/lakemichigancoasts/history-of-coasts/ (last visited Feb. 7, 2019). COASTS is “a collaborative project between the Great Lakes Coastal Geology Research Group at the Illinois State Geological Survey of the Prairie Research Institute – University of Illinois at Urbana-Champaign and the Illinois Department of Natural Resources’ Coastal Management Program.” Welcome to COASTS!, COASTS – Citizens Observing and Surveying the Shoreline, https://publish.illinois.edu/lakemichigancoasts/ (last visited Feb. 7, 2019). 

Collection of Information:

Ag-Gag Law:

“It shall be unlawful for any person:

(3) to obtain access to an animal facility by false pretenses for the purpose of performing acts not authorized by that facility;

(4) to enter into an animal facility with an intent to destroy, alter, duplicate, or obtain unauthorized possession of records, data, materials, equipment, or animals;

(6) to enter or remain on an animal facility with the intent to commit an act prohibited under this Section.”  720 Ill. Comp. Stat. 5/48-2(c).

“Animal facility” means “any facility engaging in . . . agricultural production of or involving the use of animals including any organization with a primary purpose of representing livestock production or processing, any organization with a primary purpose of promoting or marketing livestock or livestock products, . . . and any organization with a primary purpose of representing any such person, organization, or institution.  ‘Animal facility’ shall include the owner, operator, and employees of any animal facility and any premises where animals are located.”  Id. 5/48-2(a).

A violation of subsection (c) constitutes a Class 4 felony. Id. 5/48-2(d)(1). The penalties increase when damages exceed $300. Id.

Research Permits:

Depending on the research activity, wildlife status, and location of research (e.g., State Park or Nature Reserve), different permits may be required. See Research Permits, Ill. Dep’t of Nat. Resources, https://www.dnr.illinois.gov/conservation/naturalheritage/pages/researchpermits.aspx (last visited Feb. 7, 2019); Ill. Admin. Code tit. 17, § 520.20.

Trespassing Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No, criminal liability for trespass attaches only after having received notice.  

“A person commits criminal trespass to real property when he or she…

(2) enters upon the land of another, after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden;

(3) remains upon the land of another, after receiving notice from the owner or occupant to depart;…

(4) enters a field used or capable of being used for growing crops, an enclosed area containing livestock, an agricultural building containing livestock, or an orchard … after receiving, prior to the entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart.” 

720 Ill. Comp. Stat. 5/21-3(a)(emphasis added).

Such notice is given if communicated personally or if “a printed or written notice forbidding . . . entry has been conspicuously posted or exhibited at the main entrance to the land or the forbidden part thereof.”  Id. 5/21-3(b).

Other Provisions:

See supra “Ag-Gag Law.”

Drone Law: 

Hunter or Fisherman Interference: 

“A person commits hunter or fisherman interference when he or she intentionally or knowingly…uses a drone in a way that interferes with another person’s lawful taking of wildlife or aquatic life.” 720 Ill. Comp. Stat. 5/48-3(b)(10).

A violation of this paragraph is a Class A misdemeanor.  Id. 5/48-3(d). Furthermore, the court will revoke the hunting, fishing, or trapping privilege, license or permit of any person convicted of violating any provision of this section for 1 to 5 years. Id.

Preemption:

“To the extent that State-level oversight does not conflict with federal laws, rules, or regulations, the regulation of an unmanned aircraft system is an exclusive power and function of the State. No unit of local government, including home rule unit, may enact an ordinance or resolution to regulate unmanned aircraft systems…. This Section does not apply to any local ordinance enacted by a municipality of more than 1,000,000 inhabitants.” 620 Ill. Comp. Stat. 5/42.1(b).

Stalking Laws:

Criminal Law:

“A person commits stalking when he or she knowingly engages in a course of conduct directed at a specific person, and he or she knows or should know that this course of conduct would cause a reasonable person to:

(1) fear for his or her safety or the safety of a third person; or

(2) suffer other emotional distress.”  720 Ill. Comp. Stat. 5/12-7.3(a).

Use of Information:

Although our research is incomplete, these provisions could be construed to allow the use of information collected by citizens.

Explicitly Allows within Limit:

Law enforcement agencies can use drone information voluntarily submitted by private third parties, 725 Ill. Comp. Stat. 167/40(b), but the data must be deleted after 30 days unless there is a reasonable suspicion that the information contains evidence of a crime or the information is relevant to an ongoing investigation or trial, id. 167/20. A law enforcement agency is not permitted to disclose any information acquired from a drone, except that an agency supervisor may share it with other agencies only if there is a reasonable suspicion that it contains evidence of a crime or only if the information is relevant to an ongoing investigation or trial. See id. 167/25.

Evidentiary Standards:

Pleading a Claim:

Requires certification that the claim is “is well grounded in fact.” Ill. Sup. Ct. R. 137(a).

Authentication or Chain of Custody:

“The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”  Ill. R. Evid. 901(a).

Expert Testimony:

Frye standard, but only for “new” or “novel” evidence.  See In re Commitment of Simons, 821 N.E.2d 1184, 1188-91 (Ill. 2004) (“[T]he Frye test applies only to ‘new’ or ‘novel’ scientific methodologies.”).