Full Text of SB2681 103rd General Assembly
SB2681 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2681 Introduced 1/10/2024, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: | | | Amends the Criminal Code of 2012. Provides that the use of an electronic tracking device to determine the location or movement of a person is a Class 4 felony (rather than a Class A misdemeanor) if the violation results in physical injury to the victim of the offense. |
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| | A BILL FOR |
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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 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 | | "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 | 17 | | the supreme court and the clerks of the appellate court, | 18 | | and the Administrative Office of the Illinois Courts, nor | 19 | | does it mean the legislature or its committees or | 20 | | commissions. | 21 | | "Telematics" includes, but is not limited to, | 22 | | automatic airbag deployment and crash notification, remote | 23 | | diagnostics, navigation, stolen vehicle location, remote |
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| 1 | | door unlock, transmitting emergency and vehicle location | 2 | | information to public safety answering points, and any | 3 | | other service integrating vehicle location technology and | 4 | | wireless communications. | 5 | | "Vehicle" has the meaning ascribed to it in Section | 6 | | 1-217 of the Illinois Vehicle Code. | 7 | | (b) A person or entity in this State may not use an | 8 | | electronic tracking device to determine the location or | 9 | | movement of a person. | 10 | | (c) This Section does not apply: | 11 | | (1) when the registered owner, lessor, or lessee of a | 12 | | vehicle has consented to the use of the electronic | 13 | | tracking device with respect to that vehicle; | 14 | | (2) to the lawful use of an electronic tracking device | 15 | | by a law enforcement agency; | 16 | | (3) when the vehicle is owned or leased by a business | 17 | | that is authorized to transact business in this State and | 18 | | the tracking device is used by the business for the | 19 | | purpose of tracking vehicles driven by employees of that | 20 | | business, its affiliates, or contractors of that business | 21 | | or its affiliates; | 22 | | (4) when the vehicle is under the control of a State | 23 | | agency and the electronic tracking device is used by the | 24 | | agency, or the Inspector General appointed under the State | 25 | | Officials and Employees Ethics Act who has jurisdiction | 26 | | over that State agency, for the purpose of tracking |
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| 1 | | vehicles driven by employees or contractors of that State | 2 | | agency; or | 3 | | (5) telematic services that were installed by the | 4 | | manufacturer, or installed by or with the consent of the | 5 | | owner or lessee of the vehicle and to which the owner or | 6 | | lessee has subscribed. Consent by the owner or lessee of | 7 | | the vehicle constitutes consent for any other driver or | 8 | | passenger of that vehicle. | 9 | | (d) Sentence. A violation of this Section is a Class A | 10 | | misdemeanor. A violation of this Section is a Class 4 felony if | 11 | | the violation results in physical injury to the victim of the | 12 | | offense. | 13 | | (Source: P.A. 98-381, eff. 1-1-14.) |
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