Full Text of SB3864 102nd General Assembly
SB3864 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3864 Introduced 1/21/2022, by Sen. John Connor SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012 concerning the use of electronic tracking devices. Exempts from criminal liability for using an electronic tracking device, a private detective licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 or a registered employee of a licensed private detective agency who: (1) installs the tracking device for a legitimate
business purpose and installs the tracking device on a vehicle that is not: (i) owned or leased by an individual under the protection of a protective order; or (ii) operated by an individual under the protection of a protective order who resides
with, or is an immediate family member of, the owner or lessee of the vehicle; or (2) installs the tracking device pursuant to a court order. Defines "immediate family member" and "protective order".
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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 ; or | 9 | | (6) to a private detective licensed under the Private | 10 | | Detective, Private Alarm, Private Security, Fingerprint | 11 | | Vendor, and Locksmith Act of 2004 or a registered employee | 12 | | of a licensed private detective agency who: | 13 | | (A) installs the tracking device for a legitimate
| 14 | | business purpose and installs the tracking device on a | 15 | | vehicle that is not: | 16 | | (i) owned or leased by an individual under the | 17 | | protection of a protective order; or | 18 | | (ii) operated by an individual under the | 19 | | protection of a protective order who resides
with, | 20 | | or is an immediate family member of, the owner or | 21 | | lessee of the vehicle; or | 22 | | (B) installs the tracking device pursuant to a | 23 | | court order. | 24 | | In this paragraph (6): | 25 | | "Immediate family member" means a spouse, parent, son, | 26 | | daughter, son-in-law, daughter-in-law, brother, or sister. |
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| 1 | | "Protective order" means any order of protection | 2 | | issued under Article 112A of the Code of Criminal | 3 | | Procedure of 1963, the Illinois Domestic Violence Act of | 4 | | 1986, a stalking no contact order issued under the | 5 | | Stalking No Contact Order Act, a civil no contact order | 6 | | issued under the Civil No Contact Order Act, or a firearms | 7 | | restraining order issued under the Firearms Restraining | 8 | | Order Act . | 9 | | (c-5) Before installing a tracking device on a vehicle | 10 | | under paragraph (6) of subsection (c), a
licensed private | 11 | | detective or registered employee of a licensed private | 12 | | detective agency shall request confirmation from the Illinois | 13 | | State Police, that: | 14 | | (1) the owner or lessee of the vehicle is not under the | 15 | | protection of a protective order; and | 16 | | (2)
an individual who resides with, or is an immediate | 17 | | family member of, the owner or
lessee of the motor vehicle | 18 | | is not under the protection of a protective order. | 19 | | (c-6) On request from a licensed private detective, the | 20 | | Illinois State Police, with access to protective order | 21 | | records, shall confirm or deny the existence
of a protective | 22 | | order, disclosing only whether an individual named by the | 23 | | private detective is
under the protection of a protective | 24 | | order issued in any jurisdiction. | 25 | | (c-7) A licensed private detective or registered employee | 26 | | of a licensed private detective agency may not disclose the |
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| 1 | | information obtained under subsection (c-6) to any person, | 2 | | except as permitted by law. | 3 | | (c-8) On request from the Illinois State Police, a | 4 | | licensed private detective or registered employee of a | 5 | | licensed private detective agency who
installs a tracking | 6 | | device on a vehicle shall disclose the purpose of the tracking | 7 | | device to the Illinois State Police. | 8 | | (d) Sentence. A violation of this Section is a Class A | 9 | | misdemeanor.
| 10 | | (Source: P.A. 98-381, eff. 1-1-14.)
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