Illinois General Assembly - Full Text of Public Act 098-0381
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Public Act 098-0381





Public Act 098-0381
HB1199 EnrolledLRB098 00243 HEP 32584 b

    AN ACT concerning transportation.
    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 21-2.5 as follows:
    (720 ILCS 5/21-2.5 new)
    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
        "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
        (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.
    (d) Sentence. A violation of this Section is a Class A

Effective Date: 1/1/2014