Kane County Reporter

State Rep. Keith Wheeler (R-North Aurora) has filed legislation he hopes will put an end to “stalkerware.”

“Criminals and perpetrators are always adapting to new technology as a means to prey on victims, I have introduced new legislation to make it a crime to use any form of what’s known as stalkerware,” Wheeler posted on Facebook, describing the practice as someone using “software programs, apps and devices that enable someone to secretly spy on another person’s private life via their mobile device.”

Wheeler said the tools often used run hidden in the background, and are hard to detect, but are easy to buy and install and allow the abuser the chance to remotely monitor the whole device for everything from web searches, geolocation, text messages, photos, voice calls and more.

“Emerging technologies pose a seemingly endless range of new threats to individual privacy and safety,” he said in a post to his website. “News accounts of Apple Air Tags being used to track unwitting victims has raised increased concerns about electronic monitoring. As a career IT professional, I am taking the lead on proposing legislation to meet this challenge. The time to update our laws to match up with threats posed by new technology is now.”

If passed into law, HB 4726 would make it illegal if “a person commits the offense of illegal electronic monitoring when he or she knowingly installs, conceals, or otherwise places an electronic tracking software or spyware on an electronic communication device or on a person or the person’s belongings without the consent of all owners and primary users of the device for the purpose of monitoring or following the user or users of the software.”

First-time offenders would face a sentence of up to three years and a fine of up to $25,000. A second or subsequent conviction would carry a sentence of 5 to 10 years in prison and fine of up to $25,000.

Wheeler said he plans to reach across the aisle to invite both Democratic and Republican lawmakers to join him sponsoring his bill. He said he plans to request that his bill be scheduled for a hearing in the House Judiciary – Criminal Committee at the earliest possible date. House members were scheduled to reconvene in Springfield on Feb. 1.

Republican House members proposed similar legislation in 2016, but the legislation was never called for a full vote.

According to the Stalking Prevention Awareness, and Resource Center, up to 7.5 million people are stalking victims each year, with some of the victims reporting that their stalkers used GPS, cameras, or video devices to monitor them.