Bill Amendment: IL HB0255 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM CD-ELECTRONIC TRACKING

Status: 2019-01-08 - Session Sine Die [HB0255 Detail]

Download: Illinois-2017-HB0255-House_Amendment_002.html

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Rep. Joe Sosnowski

Filed: 2/22/2017

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AMENDMENT TO HOUSE BILL 255
AMENDMENT NO. ______. Amend House Bill 255 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by
changing Section 21-2.5 as follows:
(720 ILCS 5/21-2.5)
Sec. 21-2.5. Electronic tracking devices prohibited.
(a) As used in this Section:
"Electronic tracking device" means any device attached
to a vehicle that reveals its location or movement by the
transmission of electronic signals.
"Local government agency" means a department, officer,
commission, board, institution, or body politic and
corporate of any county, municipality, township, special
district, or other unit of local government.
"State agency" means all departments, officers,

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commissions, boards, institutions, authorities, and bodies
politic and corporate of the State. The term, however, does
not mean the judicial branch, including, without
limitation, the several courts of the State, the offices of
the clerk of the supreme court and the clerks of the
appellate court, and the Administrative Office of the
Illinois Courts, nor does it mean the legislature or its
committees or commissions.
"Telematics" includes, but is not limited to,
automatic airbag deployment and crash notification, remote
diagnostics, navigation, stolen vehicle location, remote
door unlock, transmitting emergency and vehicle location
information to public safety answering points, and any
other service integrating vehicle location technology and
wireless communications.
"Vehicle" has the meaning ascribed to it in Section
1-217 of the Illinois Vehicle Code.
(b) A person or entity in this State may not use an
electronic tracking device to determine the location or
movement of a person.
(c) This Section does not apply:
(1) when the registered owner, lessor, or lessee of a
vehicle has consented to the use of the electronic tracking
device with respect to that vehicle;
(2) to the lawful use of an electronic tracking device
by a law enforcement agency;

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(3) when the vehicle is owned or leased by a business
that is authorized to transact business in this State and
the tracking device is used by the business for the purpose
of tracking vehicles driven by employees of that business,
its affiliates, or contractors of that business or its
affiliates;
(4) when the vehicle is under the control of a State
agency and the electronic tracking device is used by the
agency, or an the Inspector General appointed under the
State Officials and Employees Ethics Act who has
jurisdiction over that State agency, for the purpose of
tracking vehicles driven by employees or contractors of
that State agency; or
(4.1) when the vehicle is owned, leased, or under the
control of a local government agency and the electronic
tracking device is used by the Inspector General who has
jurisdiction over that local government agency, for the
purpose of tracking a vehicle driven by an employee or
contractor of that local government agency; or
(5) telematic services that were installed by the
manufacturer, or installed by or with the consent of the
owner or lessee of the vehicle and to which the owner or
lessee has subscribed. Consent by the owner or lessee of
the vehicle constitutes consent for any other driver or
passenger of that vehicle.
(d) Sentence. A violation of this Section is a Class A

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misdemeanor.
(Source: P.A. 98-381, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.".