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| Public Act 098-0381 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by adding | ||||
Section 21-2.5 as follows: | ||||
(720 ILCS 5/21-2.5 new) | ||||
Sec. 21-2.5. Electronic tracking devices prohibited. | ||||
(a) As used in this Section: | ||||
"Electronic tracking device" means any device attached | ||||
to a vehicle that reveals its location or movement by the | ||||
transmission of electronic signals. | ||||
"State agency" means all departments, officers, | ||||
commissions, boards, institutions, and bodies politic and | ||||
corporate of the State. The term, however, does not mean | ||||
the judicial branch, including, without limitation, the | ||||
several courts of the State, the offices of the clerk of | ||||
the supreme court and the clerks of the appellate court, | ||||
and the Administrative Office of the Illinois Courts, nor | ||||
does it mean the legislature or its committees or | ||||
commissions. | ||||
"Telematics" includes, but is not limited to, | ||||
automatic airbag deployment and crash notification, remote | ||||
diagnostics, navigation, stolen vehicle location, remote | ||||
door unlock, transmitting emergency and vehicle location | ||
information to public safety answering points, and any | ||
other service integrating vehicle location technology and | ||
wireless communications. | ||
"Vehicle" has the meaning ascribed to it in Section | ||
1-217 of the Illinois Vehicle Code. | ||
(b) A person or entity in this State may not use an | ||
electronic tracking device to determine the location or | ||
movement of a person. | ||
(c) This Section does not apply: | ||
(1) when the registered owner, lessor, or lessee of a | ||
vehicle has consented to the use of the electronic tracking | ||
device with respect to that vehicle; | ||
(2) to the lawful use of an electronic tracking device | ||
by a law enforcement agency; | ||
(3) when the vehicle is owned or leased by a business | ||
that is authorized to transact business in this State and | ||
the tracking device is used by the business for the purpose | ||
of tracking
vehicles driven by employees of that business, | ||
its affiliates, or contractors of that business or its | ||
affiliates; | ||
(4) when the vehicle is under the control of a State | ||
agency and the electronic tracking device is used by the | ||
agency, or the Inspector General appointed under the State | ||
Officials and Employees Ethics Act who has jurisdiction | ||
over that State agency, for the purpose of tracking | ||
vehicles driven by employees or contractors of that State | ||
agency; or | ||
(5) telematic services that were installed by the | ||
manufacturer, or installed by or with the consent of the | ||
owner or lessee of
the vehicle and to which the owner or | ||
lessee has subscribed. Consent by the owner or lessee of | ||
the vehicle constitutes consent for any other driver or | ||
passenger of that vehicle. | ||
(d) Sentence. A violation of this Section is a Class A | ||
misdemeanor.
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