SB3864 102ND GENERAL ASSEMBLY

LRB102 22442 RLC 31582 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3864

Introduced 1/21/2022, by Sen. John Connor

SYNOPSIS AS INTRODUCED:

720 ILCS 5/21-2.5

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".

A BILL FOR

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.

"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 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 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

(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; or

(6) to 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:

(A) 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

(B) installs the tracking device pursuant to a court order.

In this paragraph (6):

"Immediate family member" means a spouse, parent, son, daughter, son-in-law, daughter-in-law, brother, or sister.

"Protective order" means any order of protection issued under Article 112A of the Code of Criminal Procedure of 1963, the Illinois Domestic Violence Act of 1986, a stalking no contact order issued under the Stalking No Contact Order Act, a civil no contact order issued under the Civil No Contact Order Act, or a firearms restraining order issued under the Firearms Restraining Order Act.

(c-5) Before installing a tracking device on a vehicle under paragraph (6) of subsection (c), a licensed private detective or registered employee of a licensed private detective agency shall request confirmation from the Illinois State Police, that:

(1) the owner or lessee of the vehicle is not under the protection of a protective order; and

(2) an individual who resides with, or is an immediate family member of, the owner or lessee of the motor vehicle is not under the protection of a protective order.

(c-6) On request from a licensed private detective, the Illinois State Police, with access to protective order records, shall confirm or deny the existence of a protective order, disclosing only whether an individual named by the private detective is under the protection of a protective order issued in any jurisdiction.

(c-7) A licensed private detective or registered employee of a licensed private detective agency may not disclose the information obtained under subsection (c-6) to any person, except as permitted by law.

(c-8) On request from the Illinois State Police, a licensed private detective or registered employee of a licensed private detective agency who installs a tracking device on a vehicle shall disclose the purpose of the tracking device to the Illinois State Police.

(d) Sentence. A violation of this Section is a Class A misdemeanor.

(Source: P.A. 98-381, eff. 1-1-14.)