2014 -- H 7258

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LC003298

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL OFFENSES

     Introduced By: Representatives Mattiello, Shekarchi, Craven, and Lally

     Date Introduced: January 30, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 69

ELECTRONIC TRACKING OF MOTOR VEHICLES

     11-69-1. Electronic Tracking of Motor Vehicles. – (a)(1) Except as provided in

subsection (b), it is an offense for a person to knowingly install, conceal or otherwise place an

electronic tracking device in or on a motor vehicle without the consent of all owners of the

vehicle for the purpose of monitoring or following an occupant or occupants of the vehicle.

     (2) As used in this section, “person” does not include the manufacturer of the motor

vehicle.

     (b)(1) It shall not be a violation if the installing, concealing or placing of an electronic

tracking device in or on a motor vehicle is by, or at the direction of, a law enforcement officer in

furtherance of a criminal investigation and is carried out in accordance with the applicable state

and federal law.

     (2) If the installing, concealing or placing of an electronic tracking device in or on a

motor vehicle is by, or at the direction of, a parent or legal guardian who owns or leases the

vehicle, and if the device is used solely for the purpose of monitoring the minor child of the

parent or legal guardian when the child is an occupant of the vehicle, then the installation,

concealment or placement of the device in or on the vehicle without the consent of any or all

occupants in the vehicle shall not be a violation.

      (3) It shall also not be a violation of this section if the installing, concealing or placing

of an electronic tracking device in or on a motor vehicle is for the purpose of tracking the location

of stolen goods being transported in the vehicle or for the purpose of tracking the location of the

vehicle if it is stolen.

     (c) The provisions of this section shall not apply to a tracking system installed by the

manufacturer of a motor vehicle.

     (d) A violation of this section is a misdemeanor punishable by up to one year in prison, or

up to a one thousand dollar ($1000) fine, or both.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES

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     This act would restrict the installation, concealment or placement of an electronic

tracking device in or on a motor vehicle.

     This act would take effect upon passage.

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