Present law authorizes a magistrate to order a defendant, who is arrested for the offense of stalking; aggravated stalking; especially aggravated stalking; a crime against a domestic abuse victim, sexual assault victim, or stalking victim; or a violation of an order of protection, to do the following as a condition of bail:
(1) Carry or wear a GPS monitoring device; or
(2) If the victim of the offense gives informed consent, pay the costs associated with providing the victim with an electronic receptor device that can detect whether the defendant is in an area where the defendant has been ordered not to go as a condition of bail and warn the victim of the defendant's presence in such an area.
Present law requires the magistrate to provide certain information to a victim before imposing GPS monitoring as a condition of bail.
NOTICE FROM ARRESTING OFFICER
This bill requires an officer, when arresting a person for an offense as described above, to provide the victim with a document describing the following regarding the global positioning monitoring system ("system"):
(1) When considering bail, the magistrate may order the defendant to carry or wear a GPS monitoring device;
(2) The victim's right to participate in the system or to refuse to participate in the system and the procedure for requesting the magistrate to terminate the victim's participation;
(3) The manner in which the system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements;
(4) The victim's right to provide the magistrate with a list of areas from which the victim would like the defendant excluded from going to or near;
(5) The fact that the victim's communications with the magistrate concerning the system, and restrictions to be imposed on the defendant's movements, are not confidential; and
(6) Other information that the administrative office of the courts finds necessary to properly inform an alleged victim about the system.
ON FEBRUARY 29, 2024, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 689, AS AMENDED.
AMENDMENT #2 changes the bill's effective date to July 1, 2024.

Statutes affected:
Introduced: 40-11-152