HB4726 102ND GENERAL ASSEMBLY

LRB102 24866 RLC 34114 b

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.

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 Criminal Code of 2012 is amended by adding Section 26-4.7 as follows:

(720 ILCS 5/26-4.7 new)

Sec. 26-4.7. Illegal electronic monitoring.

(a) As used in this Section:

"Electronic communication device" means an electronic device, including, but not limited to, a wireless telephone, personal digital assistant, or a portable or mobile computer, that is capable of transmitting images or pictures.

"Electronic tracking software or spyware" means a computer program that tracks computer activity and is capable of recording and transmitting the information to third parties or a device that tracks location activity of a person or device.

"Person" does not include the manufacturer of the electronic software or spyware or a retail mercantile establishment as provided in paragraph (4) of subsection (c) of this Section.

(b) Except as provided in subsection (c), a person commits illegal electronic monitoring 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.

(c) It is not a violation of this Section:

(1) if the installing, concealing, or placing of electronic tracking software or spyware on an electronic communication device is by, or at the direction of, a peace officer in furtherance of a criminal investigation and is carried out in accordance with applicable State and federal law;

(2) if the installing, concealing, or placing of electronic tracking software or spyware on an electronic communication device is by, or at the direction of, a parent or legal guardian who owns the device, and if the device is used solely for the purpose of monitoring the minor child of the parent or legal guardian when the child is the user of the device;

(3) if the electronic tracking software or spyware was installed by the manufacturer of the electronic communication device; or

(4) for a retail mercantile establishment as defined in Section 16-0.1 of this Code to track the location of customers within its establishment for commercial purposes.

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