HB 5449 Summary

• Criminalizes unauthorized installation or placement of tracking devices in motor vehicles without knowledge and consent of owner or lessee as a misdemeanor punishable by up to 1 year imprisonment or $1,000 fine.

• Prohibits tracking vehicle location with a tracking device without consent of owner, lessee, or authorized operator, with enhanced penalties for tracking under protective orders or by individuals on probation/parole for assaultive crimes.

• Creates exceptions for tracking devices used for navigation, emergency assistance, vehicle diagnostics, fleet management, parental monitoring of minors, and use by law enforcement, court officers, bail agents, and licensed investigators when legally authorized.

• Adds new prohibition on tracking or obtaining physical location of another person via GPS in cellular telephones without consent or valid search warrant, with penalties of up to 2 years imprisonment or $1,000 fine (up to 4 years or $5,000 if resulting in injury or death).

• Imposes civil liability on those who illegally install or use tracking devices for all damages incurred by vehicle owners or lessees.