This bill establishes that it is a fourth-degree crime to knowingly install or place an electronic tracking device or tracking application with the intent to facilitate an unlawful act, such as stalking or harassment. The bill defines an electronic tracking device as one that tracks a person's location through electronic signals, while a tracking application is software that surreptitiously tracks and transmits the location of a computer or mobile device. The penalties for this crime include imprisonment for up to 18 months and fines up to $10,000. Additionally, the bill creates a permissive inference that using such devices or applications for surveillance is intended for unlawful purposes.
However, the bill outlines specific lawful uses of tracking devices and applications, including by parents tracking minor children, monitoring individuals at risk due to health conditions, and tracking personal property during lawful transactions. It also allows for tracking with the consent of the individual being tracked, which must be documented in writing or through affirmative acceptance of an application. Notably, the bill exempts state and local government entities from these provisions. Consent is presumed revoked under certain conditions, such as during divorce proceedings or when restraining orders are filed. The bill is set to take effect four months after its enactment.