HB5058 102ND GENERAL ASSEMBLY

LRB102 24817 RLC 34062 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5058

Introduced 1/27/2022, by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-8A-4.1-5 new

Amends the Unified Code of Corrections. Provides that a person shall not knowingly and without authority remove, destroy, tamper with, damage, alter, disable, or otherwise interfere with or circumvent the operation of an approved electronic monitoring device or knowingly interfere or tamper with, or circumvent or alter, a signal, impulse, or data that is being transmitted by or stored within an approved electronic monitoring device worn or otherwise used by an individual as a condition of: (1) pretrial or pre-adjudicatory detention; (2) probation; (3) conditional discharge; (4) periodic imprisonment; (5) parole, aftercare release, or mandatory supervised release; (6) work release; (7) furlough; or 8) post-trial incarceration. Provides exceptions. Provides that a violation is a Class 4 felony.

A BILL FOR

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 adding Section 5-8A-4.1-5 as follows:

(730 ILCS 5/5-8A-4.1-5 new)

Sec. 5-8A-4.1-5. Removing, destroying, tampering with, damaging, altering, disabling, or otherwise interfering with or circumventing the operation of an approved electronic monitoring device.

(a) A person shall not knowingly and without authority remove, destroy, tamper with, damage, alter, disable, or otherwise interfere with or circumvent the operation of an approved electronic monitoring device or knowingly interfere or tamper with, or circumvent or alter, a signal, impulse, or data that is being transmitted by or stored within an approved electronic monitoring device worn or otherwise used by an individual as a condition of any of the following:

(1) pretrial or pre-adjudicatory detention;

(2) probation;

(3) conditional discharge;

(4) periodic imprisonment;

(5) parole, aftercare release, or mandatory supervised release;

(6) work release;

(7) furlough; or

(8) post-trial incarceration.

(b) A person shall not knowingly and without authority request or solicit any other person to remove, destroy, tamper with, damage, alter, disable, or otherwise interfere with or circumvent the operation of an approved electronic monitoring device or knowingly interfere or tamper with, or circumvent or alter, a signal, impulse, or data that is being transmitted by or stored within an approved electronic monitoring device worn or otherwise used by an individual as described in subsection (a).

(c) A person commits tampering with an approved electronic monitoring device if he or she knowingly removes, destroys, tampers with, damages, alters, disables, or otherwise interferes with or circumvents electronic monitoring equipment which a court, the Division of Probation Services, or the Prisoner Review Board has required the person to wear.

(d) Subsections (a), (b), and (c) do not apply to either of the following:

(1) the owner of an approved electronic monitoring device or his or her agent while performing proper maintenance and repairs on that device; or

(2) a person who removes an approved electronic monitoring device at the direction of a physician due to an immediate medical necessity.

(e) Any person who violates this Section is guilty of a Class 4 felony.

(f) In this Section, "approved electronic monitoring device" includes any electronic device or instrument that is used to track the location of a person or detect the presence of alcohol in the person's breath.