LC
14 9896
A
BILL TO BE ENTITLED
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)
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.
(b)
This Code section shall not apply when the registered owner, lessor, or lessee
of a vehicle has consented to the use of the electronic tracking device with
respect to that vehicle.
(c)
This Code section shall not apply to:
(1)
Actions of an official law enforcement agency;
(2)
Actions of United States military personnel in the performance of their official
duties;
(3)
Actions of a parent or person in loco parentis with respect to determining the
location or movement of his or her child; or
(4)
The provision of a commercial service such as mobile telephone service or
vehicle safety or security service which incidentally allows the provider of the
service to determine the location or movement of a device provided to a customer
of the commercial service.
(d)
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.
(e)
Any person violating this Code section shall upon conviction be guilty of a
misdemeanor of a high and aggravated
nature."
SECTION
2.
This
Act shall become effective on July 1, 2009, 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laws and parts of laws in conflict with this Act are repealed.