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OH HB304
Bill
Status
10/6/2009
Primary Sponsor
John Adams
Click for details
AI Summary
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Prohibits use of tracking devices to determine location or movement of any person without consent, with violation classified as a first-degree misdemeanor.
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Allows law enforcement officers and prosecutors to obtain search warrants authorizing tracking device installation, use, and removal upon showing probable cause that a crime has been committed and the device will prevent crime or locate fugitives, suspects, victims, or witnesses.
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Limits initial warrant authorization to 45 days of tracking, with possibility of extensions not exceeding 45 days each; device must be installed within 10 days and monitoring discontinued immediately upon warrant expiration.
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Permits designated investigative and law enforcement officers to install and use tracking devices without prior warrant in emergency situations involving immediate danger of death, serious physical harm, or organized crime, provided a warrant application is made within 48 hours.
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Establishes exceptions allowing tracking devices without consent for vehicles with owner/lien holder consent, electronic monitoring of offenders, parental monitoring of children, tracking persons with dementia, medical facilities, commercial services, and licensed private investigators in civil litigation with court approval.
Legislative Description
To prohibit the use of a tracking device to determine the location or movement of a person without the person's consent subject to specified exceptions, to provide for the issuance of a search warrant to a law enforcement officer or prosecutor authorizing the installation, use, and removal of a tracking device subject to specified conditions, and to provide for the installation and use of a tracking device by an investigative officer or law enforcement officer without a search warrant in specified emergency situations and subject to specified conditions.
Tracking devices-regulate use
Last Action
To Criminal Justice
10/6/2009