HB47 Summary

• Authorizes judges to issue warrants for installation, removal, maintenance, use, and monitoring of tracking devices upon written application by law enforcement officers, district attorneys, or the Attorney General.

• Requires warrant applications to demonstrate probable cause that a crime is being, has been, or is about to be committed and to clearly identify the person or object to be tracked.

• Limits initial tracking device authorization to 45 days with possible extensions of up to 45 days each based on renewed probable cause, and requires installation within 10 days of warrant issuance.

• Establishes procedures for officer compliance including documenting installation dates/times, returning warrants within 10 days of device removal, and serving notice on tracked persons within 90 days (or longer if court finds adverse result such as endangerment or evidence destruction).

• Creates the crime of unlawfully installing a tracking device as a Class A misdemeanor, with exceptions for business entities and individuals installing devices on property they own, lease, or operate.