HB 2861 Summary

• Creates the "Geolocation Information Protection Act" establishing criminal penalties and civil remedies for unauthorized interception, disclosure, or use of geolocation information from wireless devices and tracking devices.

• Makes it unlawful for any person to intentionally intercept geolocation information or disclose/use information obtained through unlawful interception, with violators subject to felony charges (up to 5 years imprisonment and/or $5,000 fine).

• Permits interception with prior consent, by service providers in normal operations, by parents of minors under 18, in public systems, by emergency responders, and by law enforcement with warrants or in emergency situations involving immediate danger.

• Prohibits geolocation evidence obtained in violation of the act from being admitted in any court, regulatory proceeding, or government agency action within the state.

• Authorizes civil suits for damages (including punitive damages) and attorney fees, with a one-year filing deadline; provides good-faith reliance defense for those acting on court orders, subpoenas, or statutory authorization.