102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4726
 
Introduced 1/27/2022, by Rep. Keith R. Wheeler
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/26-4.7 new

     Amends the Criminal Code of 2012.  Creates the offense of illegal electronic monitoring.  Provides that a person commits the offense when he or she knowingly installs, conceals, or otherwise places an electronic tracking software or spyware on an electronic communication device or on a person  or the person's belongings without the consent of all owners and primary users of the device for the purpose of monitoring or following the user or users of the software.  Provides that a first violation is a Class 4 felony and a second or subsequent conviction is a Class 3 felony.  Provides exceptions.
  


LRB102 24866 RLC 34114 b

 
 
A BILL FOR
 

  
HB4726LRB102 24866 RLC 34114 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by adding 
5Section 26-4.7 as follows:
 
6    (720 ILCS 5/26-4.7 new)
7    Sec. 26-4.7. Illegal electronic monitoring.
8    (a) As used in this Section:
9        "Electronic communication device" means an electronic 
10    device, including, but not limited to, a wireless 
11    telephone, personal digital assistant, or a portable or 
12    mobile computer, that is capable of transmitting images or 
13    pictures.
14        "Electronic tracking software or spyware" means a 
15    computer program that tracks computer activity and is 
16    capable of recording and transmitting the information to 
17    third parties or a device that tracks location activity of 
18    a person or device.
19        "Person" does not include the manufacturer of the 
20    electronic software or spyware or a retail mercantile 
21    establishment as
provided in paragraph (4) of subsection 
22    (c) of this Section.
23    (b) Except as provided in subsection (c), a person commits 
 
 
HB4726- 2 -LRB102 24866 RLC 34114 b

1illegal electronic monitoring when he or she knowingly 
2installs, conceals, or otherwise places an electronic tracking 
3software or spyware on an electronic communication device or 
4on a person  or the person's belongings without the consent of 
5all owners and primary users of the device for the purpose of 
6monitoring or following the user or users of the software.
7    (c) It is not a violation of this Section:
8        (1) if the installing, concealing, or placing of 
9    electronic tracking software or spyware on an electronic 
10    communication device is by, or at the direction of, a 
11    peace officer in furtherance of a criminal investigation 
12    and is carried out in accordance with applicable State and 
13    federal law;
14        (2) if the installing, concealing, or placing of 
15    electronic tracking software or spyware on an electronic 
16    communication device is by, or at the direction of, a 
17    parent or legal guardian who owns the device, and if the 
18    device is used solely for the purpose of monitoring the 
19    minor child of the parent or legal guardian when the child 
20    is the user of the device;
21        (3) if the  electronic tracking software or spyware was 
22    installed by the manufacturer of the electronic 
23    communication device; or
24        (4) for a retail mercantile establishment as defined 
25    in
Section 16-0.1 of this Code to track the location of

26    customers within its establishment for commercial

 
 
HB4726- 3 -LRB102 24866 RLC 34114 b

1    purposes. 
2    (d)  Sentence. Illegal electronic monitoring is a Class 4 
3felony.  A second or subsequent conviction of illegal 
4electronic monitoring is a Class 3 felony.