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

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-Enrolled.html

---

HB1199 Enrolled LRB098 00243 HEP 32584 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Section 21-2.5 as follows:
(720 ILCS 5/21-2.5 new)
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.
"State agency" means all departments, officers,
commissions, boards, institutions, 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

HB1199 Enrolled - 2 - LRB098 00243 HEP 32584 b
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;
(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 the Inspector General appointed under the State
Officials and Employees Ethics Act who has jurisdiction
over that State agency, for the purpose of tracking

HB1199 Enrolled - 3 - LRB098 00243 HEP 32584 b
vehicles driven by employees or contractors of that State
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
misdemeanor.