Bill Text: IL SB3197 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. In the Electronic Monitoring and Home Detention Law, provides that an "approved electronic monitoring device" means a device approved by the supervising authority which is primarily intended to record or transmit information as to the defendant's presence or nonpresence in the home, consumption of alcohol, consumption of drugs, or location by using smartphone applications (rather than through GPS, cellular triangulation, Wi-Fi, or other electronic means). Deletes references to "wire communications" in the definition of "approved electronic monitoring device".

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-06 - Referred to Assignments [SB3197 Detail]

Download: Illinois-2023-SB3197-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3197 Introduced 2/6/2024, by Sen. Neil Anderson SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-8A-2 from Ch. 38, par. 1005-8A-2
Amends the Unified Code of Corrections. In the Electronic Monitoring and Home Detention Law, provides that an "approved electronic monitoring device" means a device approved by the supervising authority which is primarily intended to record or transmit information as to the defendant's presence or nonpresence in the home, consumption of alcohol, consumption of drugs, or location by using smartphone applications (rather than through GPS, cellular triangulation, Wi-Fi, or other electronic means). Deletes references to "wire communications" in the definition of "approved electronic monitoring device".
LRB103 35698 RLC 65774 b
A BILL FOR
SB3197 LRB103 35698 RLC 65774 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 5-8A-2 as follows:
(730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
Sec. 5-8A-2. Definitions. As used in this Article:
(A) "Approved electronic monitoring device" means a device
approved by the supervising authority which is primarily
intended to record or transmit information as to the
defendant's presence or nonpresence in the home, consumption
of alcohol, consumption of drugs, or location by using
smartphone applications as determined through GPS, cellular
triangulation, Wi-Fi, or other electronic means.
An approved electronic monitoring device may record or
transmit: oral or wire communications or an auditory sound;
visual images; or information regarding the offender's
activities while inside the offender's home. These devices are
subject to the required consent as set forth in Section 5-8A-5
of this Article.
An approved electronic monitoring device may be used to
record a conversation between the participant and the
monitoring device, or the participant and the person

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supervising the participant solely for the purpose of
identification and not for the purpose of eavesdropping or
conducting any other illegally intrusive monitoring.
(A-10) "Department" means the Department of Corrections or
the Department of Juvenile Justice.
(A-20) "Electronic monitoring" means the monitoring of an
inmate, person, or offender with an electronic device both
within and outside of their home under the terms and
conditions established by the supervising authority.
(B) "Excluded offenses" means first degree murder, escape,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, aggravated
battery with a firearm as described in Section 12-4.2 or
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
12-3.05, bringing or possessing a firearm, ammunition or
explosive in a penal institution, any "Super-X" drug offense
or calculated criminal drug conspiracy or streetgang criminal
drug conspiracy, or any predecessor or successor offenses with
the same or substantially the same elements, or any inchoate
offenses relating to the foregoing offenses.
(B-10) "GPS" means a device or system which utilizes the
Global Positioning Satellite system for determining the
location of a person, inmate or offender.
(C) "Home detention" means the confinement of a person
convicted or charged with an offense to his or her place of
residence under the terms and conditions established by the

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