Rep. Joe Sosnowski
Filed: 4/9/2013
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 1199




2    AMENDMENT NO. ______. Amend House Bill 1199 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Criminal Code of 2012 is amended by adding 
5Section 21-2.5 as follows:
 
6    (720 ILCS 5/21-2.5 new)
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        "State agency" means all departments, officers, 
13    commissions, boards, institutions, and bodies politic and 
14    corporate of the State. The term, however, does not mean 
15    the judicial branch, including, without limitation, the 
16    several courts of the State, the offices of the clerk of 
 
 
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1    the supreme court and the clerks of the appellate court, 
2    and the Administrative Office of the Illinois Courts, nor 
3    does it mean the legislature or its committees or 
4    commissions. 
5        "Telematics" includes, but is not limited to, 
6    automatic airbag deployment and crash notification, remote 
7    diagnostics, navigation, stolen vehicle location, remote 
8    door unlock, transmitting emergency and vehicle location 
9    information to public safety answering points, and any 
10    other service integrating vehicle location technology and 
11    wireless communications. 
12        "Vehicle" has the meaning ascribed to it in Section 
13    1-217 of the Illinois Vehicle Code. 
14    (b)  A person or entity in this State may not use an 
15electronic tracking device to determine the location or 
16movement of a person.
17    (c)  This Section does not apply: 
18        (1) when the registered owner, lessor, or lessee of a 
19    vehicle has consented to the use of the electronic tracking 
20    device with respect to that vehicle;
21        (2) to the lawful use of an electronic tracking device 
22    by a law enforcement agency;
23        (3) when the vehicle is owned or leased by a business 
24    that is authorized to transact business in this State and 
25    the tracking device is used by the business for the purpose 
26    of tracking
vehicles driven by employees of that business, 
 
 
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1    its affiliates, or contractors of that business or its 
2    affiliates;
3        (4) when the vehicle is under the control of a State 
4    agency and the electronic tracking device is used by the 
5    agency, or the Inspector General appointed under the State 
6    Officials and Employees Ethics Act who has jurisdiction 
7    over that State agency, for the purpose of tracking 
8    vehicles driven by employees or contractors of that State 
9    agency; or 
10        (5) telematic services that were installed by the 
11    manufacturer, or installed by or with the consent of the 
12    owner or lessee of
the vehicle and to which the owner or 
13    lessee has subscribed.  Consent by the owner or lessee of 
14    the vehicle constitutes consent for any other driver or 
15    passenger of that vehicle. 
16    (d)  Sentence.  A violation of this Section is a Class A 
17misdemeanor.".