99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5794
 
Introduced , by Rep. Christine Winger
 
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 without the consent of all owners 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.
  


LRB099 18666 RLC 43048 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB5794LRB099 18666 RLC 43048 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 adding 
5Section 26-4.7 as follows:
 
6    (720 ILCS 5/26-4.7 new)
7    Sec. 26-4.7. Illegal electronic monitoring.
8    (a) As used in this Section:
9        "Electronic communication device" means an electronic 
10    device, including, but not limited to, a wireless 
11    telephone, personal digital assistant, or a portable or 
12    mobile computer, that is capable of transmitting images or 
13    pictures.
14        "Electronic tracking software or spyware" means a 
15    computer program that tracks computer activity and is 
16    capable of recording and transmitting the information to 
17    third parties.
18        "Person" does not include the manufacturer of the 
19    electronic software or spyware.
20    (b) Except as provided in subsection (c), a person commits 
21illegal electronic monitoring when he or she knowingly 
22installs, conceals, or otherwise places an electronic tracking 
23software or spyware on an electronic communication device 
 
 
HB5794- 2 -LRB099 18666 RLC 43048 b

1without the consent of all owners of the device for the purpose 
2of monitoring or following the user or users of the software.
3    (c) It is not a violation of this Section:
4        (1) if the installing, concealing, or placing of 
5    electronic tracking software or spyware on an electronic 
6    communication device is by, or at the direction of, a peace 
7    officer in furtherance of a criminal investigation and is 
8    carried out in accordance with applicable State and federal 
9    law;
10        (2) if the installing, concealing, or placing of 
11    electronic tracking software or spyware on an electronic 
12    communication device is by, or at the direction of, a 
13    parent or legal guardian who owns the device, and if the 
14    device is used solely for the purpose of monitoring the 
15    minor child of the parent or legal guardian when the child 
16    is the user of the device; or
17        (3) if the  electronic tracking software or spyware was 
18    installed by the manufacturer of the electronic 
19    communication device.
20    (d)  Sentence. Illegal electronic monitoring is a Class 4 
21felony.  A second or subsequent conviction of illegal electronic 
22monitoring is a Class 3 felony.