103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2681
 
Introduced 1/10/2024, by Sen. Michael W. Halpin
 
SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/21-2.5
    Amends the Criminal Code of 2012. Provides that the use of an electronic tracking device to determine the location or movement of a person is a Class 4 felony (rather than a Class A misdemeanor) if the violation results in physical injury to the victim of the offense.


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A BILL FOR
 
SB2681LRB103 36232 RLC 66327 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 
5changing Section 21-2.5 as follows:
 
6    (720 ILCS 5/21-2.5)
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        "State agency" means all departments, officers, 
13    commissions, boards, institutions, and bodies politic and 
14    corporate of the State. The term, however, does not mean 
15    the judicial branch, including, without limitation, the 
16    several courts of the State, the offices of the clerk of 
17    the supreme court and the clerks of the appellate court, 
18    and the Administrative Office of the Illinois Courts, nor 
19    does it mean the legislature or its committees or 
20    commissions. 
21        "Telematics" includes, but is not limited to, 
22    automatic airbag deployment and crash notification, remote 
23    diagnostics, navigation, stolen vehicle location, remote 
 
 
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1    door unlock, transmitting emergency and vehicle location 
2    information to public safety answering points, and any 
3    other service integrating vehicle location technology and 
4    wireless communications. 
5        "Vehicle" has the meaning ascribed to it in Section 
6    1-217 of the Illinois Vehicle Code. 
7    (b) A person or entity in this State may not use an 
8electronic tracking device to determine the location or 
9movement of a person.
10    (c) This Section does not apply: 
11        (1) when the registered owner, lessor, or lessee of a 
12    vehicle has consented to the use of the electronic 
13    tracking device with respect to that vehicle;
14        (2) to the lawful use of an electronic tracking device 
15    by a law enforcement agency;
16        (3) when the vehicle is owned or leased by a business 
17    that is authorized to transact business in this State and 
18    the tracking device is used by the business for the 
19    purpose of tracking vehicles driven by employees of that 
20    business, its affiliates, or contractors of that business 
21    or its affiliates;
22        (4) when the vehicle is under the control of a State 
23    agency and the electronic tracking device is used by the 
24    agency, or the Inspector General appointed under the State 
25    Officials and Employees Ethics Act who has jurisdiction 
26    over that State agency, for the purpose of tracking 
 
 
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1    vehicles driven by employees or contractors of that State 
2    agency; or 
3        (5) telematic services that were installed by the 
4    manufacturer, or installed by or with the consent of the 
5    owner or lessee of the vehicle and to which the owner or 
6    lessee has subscribed. Consent by the owner or lessee of 
7    the vehicle constitutes consent for any other driver or 
8    passenger of that vehicle. 
9    (d) Sentence. A violation of this Section is a Class A 
10misdemeanor. A violation of this Section is a Class 4 felony if 
11the violation results in physical injury to the victim of the 
12offense. 
13(Source: P.A. 98-381, eff. 1-1-14.)