Bill Text: IL HB0255 | 2017-2018 | 100th General Assembly | Introduced

---

Bill Title: Amends the Criminal Code of 2012. Provides that the prohibition of a person or entity using an electronic tracking device to determine the location or movement of a person does not apply when the vehicle is owned, leased, or under the control of a local government agency and the electronic tracking device is used by the Inspector General who has jurisdiction over that local government agency, for the purpose of tracking a vehicle driven by an employee or contractor of that local government agency. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0255 Detail]

Download: Illinois-2017-HB0255-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0255 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED:
720 ILCS 5/21-2.5
Amends the Criminal Code of 2012. Provides that the prohibition of a person or entity using an electronic tracking device to determine the location or movement of a person does not apply when the vehicle is owned, leased, or under the control of a local government agency and the electronic tracking device is used by the Inspector General who has jurisdiction over that local government agency, for the purpose of tracking a vehicle driven by an employee or contractor of that local government agency. Effective immediately.
LRB100 04737 RLC 14743 b
A BILL FOR
HB0255 LRB100 04737 RLC 14743 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 21-2.5 as follows:
(720 ILCS 5/21-2.5)
Sec. 21-2.5. Electronic tracking devices prohibited.
(a) As used in this Section:
"Electronic tracking device" means any device attached
to a vehicle that reveals its location or movement by the
transmission of electronic signals.
"Local government agency" means a department, officer,
commission, board, institution, or body politic and
corporate of any county, municipality, township, special
district, or other unit of local government.
"State agency" means all departments, officers,
commissions, boards, institutions, and bodies politic and
corporate of the State. The term, however, does not mean
the judicial branch, including, without limitation, the
several courts of the State, the offices of the clerk of
the supreme court and the clerks of the appellate court,
and the Administrative Office of the Illinois Courts, nor
does it mean the legislature or its committees or

HB0255 - 2 - LRB100 04737 RLC 14743 b
commissions.
"Telematics" includes, but is not limited to,
automatic airbag deployment and crash notification, remote
diagnostics, navigation, stolen vehicle location, remote
door unlock, transmitting emergency and vehicle location
information to public safety answering points, and any
other service integrating vehicle location technology and
wireless communications.
"Vehicle" has the meaning ascribed to it in Section
1-217 of the Illinois Vehicle Code.
(b) A person or entity in this State may not use an
electronic tracking device to determine the location or
movement of a person.
(c) This Section does not apply:
(1) when the registered owner, lessor, or lessee of a
vehicle has consented to the use of the electronic tracking
device with respect to that vehicle;
(2) to the lawful use of an electronic tracking device
by a law enforcement agency;
(3) when the vehicle is owned or leased by a business
that is authorized to transact business in this State and
the tracking device is used by the business for the purpose
of tracking vehicles driven by employees of that business,
its affiliates, or contractors of that business or its
affiliates;
(4) when the vehicle is under the control of a State

HB0255 - 3 - LRB100 04737 RLC 14743 b
agency and the electronic tracking device is used by the
agency, or the Inspector General appointed under the State
Officials and Employees Ethics Act who has jurisdiction
over that State agency, for the purpose of tracking
vehicles driven by employees or contractors of that State
agency; or
(4.1) when the vehicle is owned, leased, or under the
control of a local government agency and the electronic
tracking device is used by the Inspector General who has
jurisdiction over that local government agency, for the
purpose of tracking a vehicle driven by an employee or
contractor of that local government agency; or
(5) telematic services that were installed by the
manufacturer, or installed by or with the consent of the
owner or lessee of the vehicle and to which the owner or
lessee has subscribed. Consent by the owner or lessee of
the vehicle constitutes consent for any other driver or
passenger of that vehicle.
(d) Sentence. A violation of this Section is a Class A
misdemeanor.
(Source: P.A. 98-381, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.