Full Text of HB0255 100th General Assembly
HB0255ham002 100TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing 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 | 19 | | electronic tracking device to determine the location or | 20 | | movement 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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| 1 | | misdemeanor.
| 2 | | (Source: P.A. 98-381, eff. 1-1-14.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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