This bill establishes that it is a fourth-degree crime to knowingly install or place, or cause the installation or placement of, an electronic tracking device or tracking application to track or determine the location of another person with the intent to initiate or facilitate an unlawful act. The bill defines an "electronic tracking device" as a device designed for tracking a person's location through electronic signals, and a "tracking application" as software used to surreptitiously track and transmit 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.
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 business 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 the application. Additionally, the bill states that consent is presumed revoked under certain circumstances, such as during divorce proceedings or when a restraining order is filed. Notably, the provisions of this bill do not apply to state or local government entities and their equipment.