Rep. Joe Sosnowski

Filed: 2/22/2017





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2    AMENDMENT NO. ______. Amend House Bill 255 by replacing
3everything after the enacting clause with the following:
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        "Local government agency" means a department, officer,
13    commission, board, institution, or body politic and
14    corporate of any county, municipality, township, special
15    district, or other unit of local government.
16        "State agency" means all departments, officers,



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1    commissions, boards, institutions, authorities, and bodies
2    politic and corporate of the State. The term, however, does
3    not mean the judicial branch, including, without
4    limitation, the several courts of the State, the offices of
5    the clerk of the supreme court and the clerks of the
6    appellate court, and the Administrative Office of the
7    Illinois Courts, nor does it mean the legislature or its
8    committees or commissions.
9        "Telematics" includes, but is not limited to,
10    automatic airbag deployment and crash notification, remote
11    diagnostics, navigation, stolen vehicle location, remote
12    door unlock, transmitting emergency and vehicle location
13    information to public safety answering points, and any
14    other service integrating vehicle location technology and
15    wireless communications.
16        "Vehicle" has the meaning ascribed to it in Section
17    1-217 of the Illinois Vehicle Code.
18    (b) A person or entity in this State may not use an
19electronic tracking device to determine the location or
20movement of a person.
21    (c) This Section does not apply:
22        (1) when the registered owner, lessor, or lessee of a
23    vehicle has consented to the use of the electronic tracking
24    device with respect to that vehicle;
25        (2) to the lawful use of an electronic tracking device
26    by a law enforcement agency;



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1        (3) when the vehicle is owned or leased by a business
2    that is authorized to transact business in this State and
3    the tracking device is used by the business for the purpose
4    of tracking vehicles driven by employees of that business,
5    its affiliates, or contractors of that business or its
6    affiliates;
7        (4) when the vehicle is under the control of a State
8    agency and the electronic tracking device is used by the
9    agency, or an the Inspector General appointed under the
10    State Officials and Employees Ethics Act who has
11    jurisdiction over that State agency, for the purpose of
12    tracking vehicles driven by employees or contractors of
13    that State agency; or
14        (4.1) when the vehicle is owned, leased, or under the
15    control of a local government agency and the electronic
16    tracking device is used by the Inspector General who has
17    jurisdiction over that local government agency, for the
18    purpose of tracking a vehicle driven by an employee or
19    contractor of that local government agency; or
20        (5) telematic services that were installed by the
21    manufacturer, or installed by or with the consent of the
22    owner or lessee of the vehicle and to which the owner or
23    lessee has subscribed. Consent by the owner or lessee of
24    the vehicle constitutes consent for any other driver or
25    passenger of that vehicle.
26    (d) Sentence. A violation of this Section is a Class A



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2(Source: P.A. 98-381, eff. 1-1-14.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".