Bill Text: IL HB5794 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Creates the offense of illegal electronic monitoring. Provides that a person commits the offense when he or she knowingly installs, conceals, or otherwise places an electronic tracking software or spyware on an electronic communication device without the consent of all owners of the device for the purpose of monitoring or following the user or users of the software. Provides that a first violation is a Class 4 felony and a second or subsequent conviction is a Class 3 felony. Provides exceptions.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-04-08 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB5794 Detail]

Download: Illinois-2015-HB5794-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5794 Introduced , by Rep. Christine Winger SYNOPSIS AS INTRODUCED:
720 ILCS 5/26-4.7 new
Amends the Criminal Code of 2012. Creates the offense of illegal electronic monitoring. Provides that a person commits the offense when he or she knowingly installs, conceals, or otherwise places an electronic tracking software or spyware on an electronic communication device without the consent of all owners of the device for the purpose of monitoring or following the user or users of the software. Provides that a first violation is a Class 4 felony and a second or subsequent conviction is a Class 3 felony. Provides exceptions.
LRB099 18666 RLC 43048 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB5794 LRB099 18666 RLC 43048 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 adding
Section 26-4.7 as follows:
(720 ILCS 5/26-4.7 new)
Sec. 26-4.7. Illegal electronic monitoring.
(a) As used in this Section:
"Electronic communication device" means an electronic
device, including, but not limited to, a wireless
telephone, personal digital assistant, or a portable or
mobile computer, that is capable of transmitting images or
pictures.
"Electronic tracking software or spyware" means a
computer program that tracks computer activity and is
capable of recording and transmitting the information to
third parties.
"Person" does not include the manufacturer of the
electronic software or spyware.
(b) Except as provided in subsection (c), a person commits
illegal electronic monitoring when he or she knowingly
installs, conceals, or otherwise places an electronic tracking
software or spyware on an electronic communication device

HB5794 - 2 - LRB099 18666 RLC 43048 b
without the consent of all owners of the device for the purpose
of monitoring or following the user or users of the software.
(c) It is not a violation of this Section:
(1) if the installing, concealing, or placing of
electronic tracking software or spyware on an electronic
communication device is by, or at the direction of, a peace
officer in furtherance of a criminal investigation and is
carried out in accordance with applicable State and federal
law;
(2) if the installing, concealing, or placing of
electronic tracking software or spyware on an electronic
communication device is by, or at the direction of, a
parent or legal guardian who owns the device, and if the
device is used solely for the purpose of monitoring the
minor child of the parent or legal guardian when the child
is the user of the device; or
(3) if the electronic tracking software or spyware was
installed by the manufacturer of the electronic
communication device.
(d) Sentence. Illegal electronic monitoring is a Class 4
felony. A second or subsequent conviction of illegal electronic
monitoring is a Class 3 felony.