Full Text of HB5058 102nd General Assembly
HB5058 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5058 Introduced 1/27/2022, by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/5-8A-4.1-5 new | |
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Amends the Unified Code of Corrections. Provides that a person shall not knowingly and without authority remove, destroy, tamper with, damage, alter, disable, or otherwise interfere with or circumvent the operation of an approved electronic monitoring device or knowingly interfere or tamper with, or circumvent or alter, a signal, impulse, or data that is being transmitted by or stored within an approved electronic monitoring device worn or otherwise used by an individual as a condition of: (1) pretrial or pre-adjudicatory detention; (2) probation; (3) conditional discharge; (4) periodic imprisonment; (5) parole, aftercare release, or mandatory
supervised release; (6) work release; (7) furlough; or 8) post-trial incarceration. Provides exceptions. Provides that a violation is a Class 4 felony.
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| | A BILL FOR |
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| | | HB5058 | | LRB102 24817 RLC 34062 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | adding Section 5-8A-4.1-5 as follows: | 6 | | (730 ILCS 5/5-8A-4.1-5 new) | 7 | | Sec. 5-8A-4.1-5. Removing, destroying, tampering with, | 8 | | damaging, altering, disabling, or otherwise interfering with | 9 | | or circumventing the operation of an approved electronic | 10 | | monitoring device. | 11 | | (a) A person shall not knowingly and without authority | 12 | | remove, destroy, tamper with, damage, alter, disable, or | 13 | | otherwise interfere with or circumvent the operation of an | 14 | | approved electronic monitoring device or knowingly interfere | 15 | | or tamper with, or circumvent or alter, a signal, impulse, or | 16 | | data that is being transmitted by or stored within an approved | 17 | | electronic monitoring device worn or otherwise used by an | 18 | | individual as a condition of any of the following: | 19 | | (1) pretrial or pre-adjudicatory detention; | 20 | | (2) probation; | 21 | | (3) conditional discharge; | 22 | | (4) periodic imprisonment; | 23 | | (5) parole, aftercare release, or mandatory
supervised |
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| 1 | | release; | 2 | | (6) work release; | 3 | | (7) furlough; or | 4 | | (8) post-trial incarceration. | 5 | | (b) A person shall not knowingly and without authority | 6 | | request or solicit any other person to remove, destroy, tamper | 7 | | with, damage, alter, disable, or otherwise interfere with or | 8 | | circumvent the operation of an approved electronic monitoring | 9 | | device or knowingly interfere or tamper with, or circumvent or | 10 | | alter, a signal, impulse, or data that is being transmitted by | 11 | | or stored within an approved electronic monitoring device worn | 12 | | or otherwise used by an individual as described in subsection | 13 | | (a). | 14 | | (c) A person commits tampering with an approved electronic | 15 | | monitoring device if he or she knowingly removes, destroys, | 16 | | tampers with, damages, alters, disables, or otherwise | 17 | | interferes with or circumvents electronic monitoring equipment | 18 | | which a court, the Division of Probation Services, or the | 19 | | Prisoner Review Board has required the person to wear. | 20 | | (d) Subsections (a), (b), and (c) do not apply to either of | 21 | | the following: | 22 | | (1) the owner of an approved electronic monitoring | 23 | | device or his or her agent while performing proper | 24 | | maintenance and repairs on that device; or | 25 | | (2) a person who removes an approved electronic | 26 | | monitoring device at the direction of a physician due to |
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| 1 | | an immediate medical necessity. | 2 | | (e) Any person who violates this Section is guilty of a | 3 | | Class 4 felony. | 4 | | (f) In this Section, "approved electronic monitoring | 5 | | device" includes any electronic device or instrument that is | 6 | | used to track the location of a person or detect the presence | 7 | | of alcohol in the person's breath.
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