Rep. Joe Sosnowski
Filed: 2/22/2017
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 255 




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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1misdemeanor.

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