2017 -- S 0841

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LC002603

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL OFFENSES-ELECTRONIC TRACKING OF MOTOR

VEHICLES

     Introduced By: Senator Daniel DaPonte

     Date Introduced: April 27, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-69-1 of the General Laws in Chapter 11-69 entitled "Electronic

Tracking of Motor Vehicles" is hereby amended to read as follows:

     11-69-1. Electronic tracking of motor vehicles.

     (a)(1) Except as provided in subsection (b) of this section, it is an offense for a person to

knowingly install, conceal, or otherwise place or use an electronic tracking device in or on a

motor vehicle without the consent of the operator and all occupants of the vehicle for the purpose

of monitoring or following the operator, occupant, or occupants of the vehicle.

     (2) Definitions. As used in this section:

     (i) The term "dealer" has the same meaning as set forth in § 31-5-5 and includes, for

purposes of this section, an assignee of the dealer;

     (ii) The term "person" does not include the manufacturer of the motor vehicle, provider of

telematics equipment and services, or entities that rent motor vehicles; and

     (iii) The term "starter interrupt technology" means technology used to remotely disable

the starter of a motor vehicle.

     (b)(1) It shall not be a violation if the installation, concealment, placement, or use 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 installation, concealment, placement, or use 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, placement, or use of the device in or on the vehicle without the consent of any or all

occupants in the vehicle shall not be a violation, unless the person utilizing the tracking device

has an active restraining order or no contact order against them for the protection of any vehicle

occupant.

     (3) It shall not be a violation of this section if an electronic tracking device is attached to

stolen goods for the purpose of tracking the location of the stolen goods, whether or not they may

be transported in a vehicle, or if installed, concealed, placed, or used in or on a vehicle as a

vehicle theft recovery device.

     (4) It shall not be a violation of this section if an electronic tracking device, including but

not limited to devices also containing technology used to remotely disable the starter of a motor

vehicle, is installed and/or used by a motor vehicle dealer in connection with the credit sale, loan,

or lease of a motor vehicle with the express written consent of the vehicle's purchaser, lessor, or

lessee.

     (5) It shall not be a violation of this section if an electronic tracking device is installed

and/or used by a business that is authorized to transact business in this state and the tracking

device is used by the business for the purpose of tracking vehicles that are owned or leased by the

business and driven by employees of that business, its affiliates, or contractors of that business or

its affiliates.

     (6) It shall not be a violation of this section if the installation, concealment, placement, or

use of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a

licensed private detective or a licensed bail bondsman in furtherance of operating their business in

accordance with applicable state or federal law.

     (c) The provisions of subsection (b) of this section shall not apply to any person utilizing

the tracking device who is the subject of an active restraining order or no contact order for the

protection of any vehicle occupant.

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

manufacturer of a motor vehicle, a provider of telematics equipment and services, or installed

and/or used by an entity renting out vehicles, or installed or provided by an insurance company

with the vehicle owner's or vehicle lessee's permission to monitor driving habits for insurance

rating purposes.

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

up to a one thousand dollar ($1,000) 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-ELECTRONIC TRACKING OF MOTOR

VEHICLES

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     This act would exempt from violation the installation, concealment, placement, or use of

an electronic tracking device in or on a motor vehicle by a licensed private detective or a licensed

bail bondsman if in furtherance of operating their business in accordance within the scope of

applicable state or federal law. This act would also prohibit the use of an electronic tracking

device by any person who is the subject of an active order of protection or restraining order for

the protection of the occupants of a vehicle.

     This act would take effect upon passage.

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