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.