House File 2 - Introduced HOUSE FILE 2 BY RIZER A BILL FOR An Act relating to the unauthorized placement of a global 1 positioning device and providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1443YH (2) 87 jm/nh
H.F. 2 Section 1. NEW SECTION . 708.11A Unauthorized placement of 1 global positioning device. 2 1. A person shall not place a global positioning device or 3 a device equipped with global positioning technology on a motor 4 vehicle owned or leased by another person without the consent 5 of the other person. 6 2. A person shall not intentionally obtain information 7 regarding the movement or location of another person from a 8 global positioning device or a device equipped with global 9 positioning technology that has been placed without the consent 10 of the other person. 11 3. This section does not apply to any of the following: 12 a. A manufacturer, as defined in section 321.1, or a 13 person acting within the scope of the person’s employment, who 14 installs an in-vehicle communication or telematics system. 15 b. A device installed by or with the permission of the 16 vehicle owner for automobile insurance rating, underwriting, or 17 claims handling purposes. 18 c. A peace officer acting within the officer’s scope of 19 employment pursuant to section 808.4A. 20 d. A parent or guardian tracking the movement or location of 21 the parent’s minor child or guardian’s ward. 22 e. An employer or business owner tracking the movement or 23 location of a motor vehicle owned, leased, or assigned for use 24 by the employer or business owner. 25 f. A person tracking the movement or location of a device 26 included within the person’s shared cellular telephone service 27 plan. 28 4. A person who violates this section commits a serious 29 misdemeanor. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the unauthorized placement of a global 34 -1- LSB 1443YH (2) 87 jm/nh 1/ 2
H.F. 2 positioning device. 1 Under the bill, a person shall not place a global positioning 2 device or a device equipped with global positioning technology 3 on a motor vehicle owned or leased by another person without 4 the consent of the other person. 5 The bill also prohibits a person from intentionally 6 obtaining information regarding the movement or location of 7 another person from a global positioning device or a device 8 equipped with global positioning technology that has been 9 placed without the consent of the other person. 10 The bill does not apply to any of the following: (1) a 11 manufacturer, as defined in Code section 321.1, or a person 12 acting within the scope of the person’s employment, who 13 installs an in-vehicle communication or telematics system, (2) 14 a device installed with the vehicle owner’s permission for 15 automobile insurance rating, underwriting, or claims handling 16 purposes, (3) a peace officer acting within the scope of 17 employment pursuant to Code section 808.4A (search warrant for 18 use of global positioning device), (4) a parent or guardian 19 tracking the movement or location of the parent’s minor child 20 or guardian’s ward, (5) an employer or business owner tracking 21 the movement or location of a motor vehicle owned, leased, or 22 assigned for use by the employer or business owner, or (6) a 23 person tracking the movement or location of a device included 24 within the person’s shared cellular telephone service plan. 25 A person who violates the bill commits a serious 26 misdemeanor. A serious misdemeanor is punishable by 27 confinement for no more than one year and a fine of at least 28 $315 but not more than $1,875. 29 -2- LSB 1443YH (2) 87 jm/nh 2/ 2