09 HB
16/CSFA
House
Bill 16 (COMMITTEE SUBSTITUTE) (AM)
By:
Representatives Levitas of the
82nd,
Lunsford of the
110th,
Wilkinson of the
52nd,
Jerguson of the
22nd,
Glanton of the
76th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of
Georgia Annotated, relating to crimes involving wiretapping, eavesdropping,
unauthorized surveillance, and related activities, so as to prohibit the
electronic tracking of the location or movement of another person without such
other person's consent; to provide for exceptions; to provide for punishment; to
provide for related matters; to provide for an effective date and applicability;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized
surveillance, and related activities, is amended by inserting a new Code section
as follows:
"16-11-62.1.
(a)
As used in Code section, the term 'electronic tracking device' means any device
that reveals its location or movement by the transmission of electronic
signals.
(b)
Except as otherwise provided in this Code section, no person shall use an
electronic tracking device to determine the location or movement of another
person without such other person's consent.
(c)
This Code section shall not apply when the owner, lienholder, lessor, or lessee
of a vehicle has consented to the use of the electronic tracking device with
respect to that vehicle.
(d)
This Code section shall not apply to:
(1)
Official actions of an official law enforcement agency acting in a law
enforcement capacity;
(2)
Actions of United States military law enforcement personnel in the performance
of their official duties;
(3)
Actions of a parent, legal guardian, or person in loco parentis with respect to
determining the location or movement of a child or other person with whom such
parent, legal guardian, or person in loco parentis has such legal
relationship;
(4)
Actions of a family member or caregiver with respect to determining the location
or movement of a patient or family member with a diagnosis by a licensed
physician of Alzheimer's disease, vascular dementia, Pick's disease,
Creutzfeldt-Jakob disease, Parkinson's disease, or Lewy Body
dementia;
(5)
The provision of a commercial service such as mobile telephone service or
vehicle safety or security service which allows the provider of the service to
determine the location or movement of a device provided to a customer of the
commercial service for the purpose of providing the commercial service;
or
(6)
Actions of a facility licensed pursuant to Title 31 with respect to determining
the location or movement of a patient, when such device is deemed medically
necessary by the patient's physician.
(e)
No person shall be required to be implanted with an electronic tracking device
pursuant to this Code section.
(f)
Any person violating this Code section shall upon conviction be guilty of a
misdemeanor; provided, however, it shall not be a violation of this Code section
to use an electronic tracking device to determine the location or movement of
another person without such other person's consent if such person is an occupant
of a vehicle where use of such electronic tracking device is permissible
according to the provisions of subsection (c) or subsection (d) of this Code
section or both subsections (c) and (d) of this Code
section."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply with respect to conduct on
and after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.