Rep. Joe Sosnowski
Filed: 3/19/2013
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 1199




2    AMENDMENT NO. ______. Amend House Bill 1199 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Criminal Code of 2012 is amended by adding 
5Section 21-2.5 as follows:
 
6    (720 ILCS 5/21-2.5 new)
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        "Informatics" means the science of information, the 
13    practice of information processing, and the engineering of 
14    information systems. "Informatics"  includes the study of  
15    the structure, algorithms, behavior, and interactions of 
16    natural and artificial systems that store, process, 
 
 
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1    access, and communicate information and the study of  
2    human-computer interaction and how an interface can be 
3    built to maximize user-efficiency. 
4        "Telematics" includes, but is not limited to, 
5    automatic airbag deployment and crash notification, remote 
6    diagnostics, navigation, stolen vehicle location, remote 
7    door unlock, transmitting emergency and vehicle location 
8    information to public safety answering points, and any 
9    other service integrating vehicle location technology and 
10    wireless communications. 
11        "Vehicle" has the meaning ascribed to it in Section 
12    1-217 of the Illinois Vehicle Code. 
13    (b)  A person or entity in this State may not use an 
14electronic tracking device to determine the location or 
15movement of a person.
16    (c)  This Section does not apply: 
17        (1) when the registered owner, lessor, or lessee of a 
18    vehicle has consented to the use of the electronic tracking 
19    device with respect to that vehicle;
20        (2) to the lawful use of an electronic tracking device 
21    by a law enforcement agency;
22        (3) to the lawful use of an electronic tracking device 
23    by an Inspector General appointed under the
State Officials 
24    and Employees Ethics Act or under Section 14 of the 
25    Secretary of State Act;
26        (4) when the vehicle is owned or leased by a business 
 
 
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1    that is authorized to transact business in this State and 
2    the tracking device is used by the business for the purpose 
3    of tracking
vehicles driven by employees of that business, 
4    its affiliates, or contractors of that business or its 
5    affiliates; or
6        (5) telematic services that were installed by the 
7    manufacturer, or installed by or with the consent of the 
8    owner or lessee of
the vehicle and to which the owner or 
9    lessee has subscribed.  Consent by the owner or lessee of 
10    the vehicle constitutes consent for any other driver or 
11    passenger of that vehicle. 
12    (d)  Sentence.  A violation of this Section is a Class A 
13misdemeanor.".