Rep. Joe Sosnowski
Filed: 4/9/2013
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1 | AMENDMENT TO HOUSE BILL 1199
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2 | AMENDMENT NO. ______. Amend House Bill 1199 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by adding | ||||||
5 | Section 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 | ||||||
15 | electronic tracking device to determine the location or | ||||||
16 | movement 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 | ||||||
17 | misdemeanor. ".
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