Illinois General Assembly - Full Text of HB0255
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Full Text of HB0255  100th General Assembly




State of Illinois
2017 and 2018


Introduced 1/11/2017, by Rep. Joe Sosnowski


720 ILCS 5/21-2.5

    Amends the Criminal Code of 2012. Provides that the prohibition of a person or entity using an electronic tracking device to determine the location or movement of a person does not apply when the vehicle is owned, leased, or under the control of a local government agency and the electronic tracking device is used by the Inspector General who has jurisdiction over that local government agency, for the purpose of tracking a vehicle driven by an employee or contractor of that local government agency. Effective immediately.

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HB0255LRB100 04737 RLC 14743 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 changing
5Section 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,
17    commissions, boards, institutions, and bodies politic and
18    corporate of the State. The term, however, does not mean
19    the judicial branch, including, without limitation, the
20    several courts of the State, the offices of the clerk of
21    the supreme court and the clerks of the appellate court,
22    and the Administrative Office of the Illinois Courts, nor
23    does it mean the legislature or its committees or



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1    commissions.
2        "Telematics" includes, but is not limited to,
3    automatic airbag deployment and crash notification, remote
4    diagnostics, navigation, stolen vehicle location, remote
5    door unlock, transmitting emergency and vehicle location
6    information to public safety answering points, and any
7    other service integrating vehicle location technology and
8    wireless communications.
9        "Vehicle" has the meaning ascribed to it in Section
10    1-217 of the Illinois Vehicle Code.
11    (b) A person or entity in this State may not use an
12electronic tracking device to determine the location or
13movement of a person.
14    (c) This Section does not apply:
15        (1) when the registered owner, lessor, or lessee of a
16    vehicle has consented to the use of the electronic tracking
17    device with respect to that vehicle;
18        (2) to the lawful use of an electronic tracking device
19    by a law enforcement agency;
20        (3) when the vehicle is owned or leased by a business
21    that is authorized to transact business in this State and
22    the tracking device is used by the business for the purpose
23    of tracking vehicles driven by employees of that business,
24    its affiliates, or contractors of that business or its
25    affiliates;
26        (4) when the vehicle is under the control of a State



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1    agency and the electronic tracking device is used by the
2    agency, or the Inspector General appointed under the State
3    Officials and Employees Ethics Act who has jurisdiction
4    over that State agency, for the purpose of tracking
5    vehicles driven by employees or contractors of that State
6    agency; or
7        (4.1) when the vehicle is owned, leased, or under the
8    control of a local government agency and the electronic
9    tracking device is used by the Inspector General who has
10    jurisdiction over that local government agency, for the
11    purpose of tracking a vehicle driven by an employee or
12    contractor of that local government agency; or
13        (5) telematic services that were installed by the
14    manufacturer, or installed by or with the consent of the
15    owner or lessee of the vehicle and to which the owner or
16    lessee has subscribed. Consent by the owner or lessee of
17    the vehicle constitutes consent for any other driver or
18    passenger of that vehicle.
19    (d) Sentence. A violation of this Section is a Class A
21(Source: P.A. 98-381, eff. 1-1-14.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.