Illinois General Assembly - Full Text of HB1199
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Full Text of HB1199  98th General Assembly




HB1199 EnrolledLRB098 00243 HEP 32584 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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        "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
8electronic tracking device to determine the location or
9movement 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 tracking
13    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 purpose
19    of tracking vehicles driven by employees of that business,
20    its affiliates, or contractors of that business or its
21    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.
9    (d) Sentence. A violation of this Section is a Class A