Bill Text: IA HF2 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the unauthorized placement of a global positioning device and providing a penalty. (See HF 204.)

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2018-06-01 - NOBA: Graybook [HF2 Detail]

Download: Iowa-2017-HF2-Introduced.html

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House File 2 - Introduced




                                 HOUSE FILE       
                                 BY  RIZER

                                      A BILL FOR

  1 An Act relating to the unauthorized placement of a global
  2    positioning device and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1443YH (2) 87
    jm/nh

PAG LIN



  1  1    Section 1.  NEW SECTION.  708.11A  Unauthorized placement of
  1  2 global positioning device.
  1  3    1.  A person shall not place a global positioning device or
  1  4 a device equipped with global positioning technology on a motor
  1  5 vehicle owned or leased by another person without the consent
  1  6 of the other person.
  1  7    2.  A person shall not intentionally obtain information
  1  8 regarding the movement or location of another person from a
  1  9 global positioning device or a device equipped with global
  1 10 positioning technology that has been placed without the consent
  1 11 of the other person.
  1 12    3.  This section does not apply to any of the following:
  1 13    a.  A manufacturer, as defined in section 321.1, or a
  1 14 person acting within the scope of the person's employment, who
  1 15 installs an in=vehicle communication or telematics system.
  1 16    b.  A device installed by or with the permission of the
  1 17 vehicle owner for automobile insurance rating, underwriting, or
  1 18 claims handling purposes.
  1 19    c.  A peace officer acting within the officer's scope of
  1 20 employment pursuant to section 808.4A.
  1 21    d.  A parent or guardian tracking the movement or location of
  1 22 the parent's minor child or guardian's ward.
  1 23    e.  An employer or business owner tracking the movement or
  1 24 location of a motor vehicle owned, leased, or assigned for use
  1 25 by the employer or business owner.
  1 26    f.  A person tracking the movement or location of a device
  1 27 included within the person's shared cellular telephone service
  1 28 plan.
  1 29    4.  A person who violates this section commits a serious
  1 30 misdemeanor.
  1 31                           EXPLANATION
  1 32 The inclusion of this explanation does not constitute agreement with
  1 33 the explanation's substance by the members of the general assembly.
  1 34    This bill relates to the unauthorized placement of a global
  2  1 positioning device.
  2  2    Under the bill, a person shall not place a global positioning
  2  3 device or a device equipped with global positioning technology
  2  4 on a motor vehicle owned or leased by another person without
  2  5 the consent of the other person.
  2  6    The bill also prohibits a person from intentionally
  2  7 obtaining information regarding the movement or location of
  2  8 another person from a global positioning device or a device
  2  9 equipped with global positioning technology that has been
  2 10 placed without the consent of the other person.
  2 11    The bill does not apply to any of the following: (1) a
  2 12 manufacturer, as defined in Code section 321.1, or a person
  2 13 acting within the scope of the person's employment, who
  2 14 installs an in=vehicle communication or telematics system, (2)
  2 15 a device installed with the vehicle owner's permission for
  2 16 automobile insurance rating, underwriting, or claims handling
  2 17 purposes, (3) a peace officer acting within the scope of
  2 18 employment pursuant to Code section 808.4A (search warrant for
  2 19 use of global positioning device), (4) a parent or guardian
  2 20 tracking the movement or location of the parent's minor child
  2 21 or guardian's ward, (5) an employer or business owner tracking
  2 22 the movement or location of a motor vehicle owned, leased, or
  2 23 assigned for use by the employer or business owner, or (6) a
  2 24 person tracking the movement or location of a device included
  2 25 within the person's shared cellular telephone service plan.
  2 26    A person who violates the bill commits a serious
  2 27 misdemeanor. A serious misdemeanor is punishable by
  2 28 confinement for no more than one year and a fine of at least
  2 29 $315 but not more than $1,875.
       LSB 1443YH (2) 87
       jm/nh