Bill Text: IL HB1199 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides that a person or entity may not use an electronic tracking device to determine the location or movement of a person. Exempts from the new provisions (1) situations where the registered owner, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device; and (2) the lawful use of an electronic tracking device by a law enforcement agency. Provides that a violation of the new provisions is a Class A misdemeanor.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0381 [HB1199 Detail]

Download: Illinois-2013-HB1199-Amended.html

Rep. Joe Sosnowski

Filed: 3/19/2013

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1
AMENDMENT TO HOUSE BILL 1199
2 AMENDMENT NO. ______. Amend House Bill 1199 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Criminal Code of 2012 is amended by adding
5Section 21-2.5 as follows:
6 (720 ILCS 5/21-2.5 new)
7 Sec. 21-2.5. Electronic tracking devices prohibited.
8 (a) As used in this Section:
9 "Electronic tracking device" means any device attached
10 to a vehicle that reveals its location or movement by the
11 transmission of electronic signals.
12 "Informatics" means the science of information, the
13 practice of information processing, and the engineering of
14 information systems. "Informatics" includes the study of
15 the structure, algorithms, behavior, and interactions of
16 natural and artificial systems that store, process,

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1 access, and communicate information and the study of
2 human-computer interaction and how an interface can be
3 built to maximize user-efficiency.
4 "Telematics" includes, but is not limited to,
5 automatic airbag deployment and crash notification, remote
6 diagnostics, navigation, stolen vehicle location, remote
7 door unlock, transmitting emergency and vehicle location
8 information to public safety answering points, and any
9 other service integrating vehicle location technology and
10 wireless communications.
11 "Vehicle" has the meaning ascribed to it in Section
12 1-217 of the Illinois Vehicle Code.
13 (b) A person or entity in this State may not use an
14electronic tracking device to determine the location or
15movement of a person.
16 (c) This Section does not apply:
17 (1) when the registered owner, lessor, or lessee of a
18 vehicle has consented to the use of the electronic tracking
19 device with respect to that vehicle;
20 (2) to the lawful use of an electronic tracking device
21 by a law enforcement agency;
22 (3) to the lawful use of an electronic tracking device
23 by an Inspector General appointed under the State Officials
24 and Employees Ethics Act or under Section 14 of the
25 Secretary of State Act;
26 (4) when the vehicle is owned or leased by a business

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1 that is authorized to transact business in this State and
2 the tracking device is used by the business for the purpose
3 of tracking vehicles driven by employees of that business,
4 its affiliates, or contractors of that business or its
5 affiliates; or
6 (5) telematic services that were installed by the
7 manufacturer, or installed by or with the consent of the
8 owner or lessee of the vehicle and to which the owner or
9 lessee has subscribed. Consent by the owner or lessee of
10 the vehicle constitutes consent for any other driver or
11 passenger of that vehicle.
12 (d) Sentence. A violation of this Section is a Class A
13misdemeanor.".
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