HB87 Summary

• Authorizes judges to issue warrants for installation, removal, maintenance, use, and monitoring of electronic or mechanical tracking devices upon written application from law enforcement officers, district attorneys, or the Attorney General showing probable cause that a crime is being, has been, or is about to be committed.

• Limits tracking device warrants to a maximum of 45 days from issuance, with extensions of up to 45 days each available based on renewed or ongoing probable cause, and requires installation within 10 days of warrant issuance.

• Requires law enforcement to remove tracking devices as soon as practicable after warrant expiration, serve notice to the tracked person within 10 days after use ends, and return the warrant with collected inventory to the issuing judge.

• Allows delay of notice to the tracked person for up to 90 days (extendable by court finding of continuous adverse results) if there is risk of endangerment, flight from prosecution, evidence destruction, witness intimidation, or investigation jeopardy.

• Establishes unlawful installation of a tracking device as a Class A misdemeanor and preserves the right of businesses and individuals to install tracking devices on property they own, lease, or operate.