Bill Text: IL SB2681 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that the use of an electronic tracking device to determine the location or movement of a person is a Class 4 felony (rather than a Class A misdemeanor) if the violation results in physical injury to the victim of the offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-19 - Rule 3-9(a) / Re-referred to Assignments [SB2681 Detail]

Download: Illinois-2023-SB2681-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2681 Introduced 1/10/2024, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
720 ILCS 5/21-2.5
Amends the Criminal Code of 2012. Provides that the use of an electronic tracking device to determine the location or movement of a person is a Class 4 felony (rather than a Class A misdemeanor) if the violation results in physical injury to the victim of the offense.
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A BILL FOR
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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

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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

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