LEGISLATIVE FISCAL ESTIMATE
ASSEMBLY, No. 3591
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: SEPTEMBER 30, 2024
SUMMARY
Synopsis: Makes it fourth degree crime to engage in certain tracking and location
activities.
Type of Impact: Annual State expenditure and revenue increases. Annual local
expenditure increase.
Agencies Affected: Department of Law and Public Safety; County Prosecutors; the
Judiciary; Office of the Public Defender; Department of Corrections;
State Parole Board.
Office of Legislative Services Estimate
Fiscal Impact Annual
State Cost Increase Indeterminate
State Revenue Increase Indeterminate
Local Cost Increase Indeterminate
 The Office of Legislative Services (OLS) concludes that making the use of an electronic
tracking device or tracking application for an unlawful purpose a crime of the fourth degree
will result in an indeterminate annual increase in State expenditures and revenues. The OLS
lacks sufficient information to quantify the fiscal impact, as it is not possible to know how
many individuals will be prosecuted, tried, and sentenced for the crime established by the bill.
 The following State and local agencies would incur caseload and expenditure increases: a) the
Department of Law and Public Safety would provide guidance and other information related
to the prosecution of the cases; b) county prosecutors would have to prosecute additional cases;
c) the Judiciary would have to adjudicate additional complaints and monitor additional
probationers; d) the Office of the Public Defender would have to represent additional low-
income criminal defendants; e) the Department of Corrections would have to house and care
for more individuals who are sentenced to prison terms; and f) the State Parole Board would
have to supervise the return to society of additional convicts.
Office of Legislative Services Legislative Budget and Finance Office
State House Annex Phone (609) 847-3105
P.O. Box 068 Fax (609) 777-2442
Trenton, New Jersey 08625 www.njleg.state.nj.us
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 The OLS also notes the State may receive indeterminate revenue from fines imposed on
individuals convicted of this crime; however, the State’s ability to collect fines has historically
been limited.
BILL DESCRIPTION
Under the bill, it is a crime of the fourth degree for a person to knowingly install or place, or
cause to be installed or placed, an electronic tracking device or tracking application to track or
determine the location of another person in order to initiate or facilitate an unlawful act. The bill
specifies the uses of an electronic tracking device or tracking application that are considered useful.
The bill establishes a permissive inference (for consideration by a jury) that the use of a
tracking device or application to conduct surreptitious surveillance of another person was to initiate
or facilitate an unlawful act, such as stalking or harassment.
The bill would exempt actions involving State or local government entities and equipment
owned, leased, or operated by those entities, as the bill indicates that the provisions which
criminalize tracking or location spotting activities would not be applicable to such entities. The
bill also provides that several enumerated parties, and certain uses related to those parties, would
be deemed to be lawful. The bill specifies that a failure by an employer to comply with the written
notice requirement established under the bill, or any other requirements pursuant to State or federal
law or regulation would only be considered a violation of the law or regulation, and would not
punishable as a crime under the bill.
The bill delineates how the person to be tracked or located is required to provide consent, and
specifies the instances when a person’s consent is presumed to be revoked.
State or local government entities and equipment, leased, owned, or operated by those entities
are excepted from the bill’s provisions.
A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months,
a fine of up to $10,000, or both.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that making the use of an electronic tracking device or tracking
application for an unlawful purpose a crime of the fourth degree will result in an indeterminate
annual increase in State expenditures and revenues. The OLS lacks sufficient information to
quantify the fiscal impact, as it is not possible to know how many individuals will be prosecuted,
tried, and sentenced for the crime established by the bill.
The following State and local agencies would incur caseload and expenditure increases: a) the
Department of Law and Public Safety would provide guidance and other information related to the
prosecution of the cases; b) county prosecutors would have to prosecute additional cases; c) the
Judiciary would have to adjudicate additional complaints and monitor additional probationers; d)
the Office of the Public Defender would have to represent additional low-income criminal
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defendants; e) the Department of Corrections would have to house and care for more individuals
who are sentenced to prison terms; and f) the State Parole Board would have to supervise the return
to society of additional convicts. The OLS notes that there could be instances in which the
Department of Law and Public Safety prosecutes the cases, under special circumstances.
A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a
fine of up to $10,000, or both. Generally, a presumption of non-incarceration applies to first-
time offenders of crimes of the fourth degree. The OLS finds that to the extent that the bill will
result in additional incarcerations, based on information provided by the Department of
Corrections, the FY 2023 average annual cost for housing, ensuring security, and providing
services to an incarcerated individual was $75,574, whereas the average daily cost was $207.
The OLS also notes the State may receive indeterminate revenue from fines imposed on
individuals convicted of this crime; however, the State’s ability to collect fines has historically
been limited.
Section: Judiciary
Analyst: Anuja Pande Joshi
Senior Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).