HF 204 (LSB 1443HV (2) 87)

HOUSE FILE 204

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 2)

A BILL FOR

An Act relating to the unauthorized placement of a global positioning device and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  708.11A  Unauthorized placement of global positioning device.
   1.  A person shall not place a global positioning device or a device equipped with global positioning technology on a motor vehicle owned or leased by another person without the consent of the other person.
   2.  A person shall not intentionally obtain information regarding the movement or location of another person from a global positioning device or a device equipped with global positioning technology that has been placed without the consent of the other person.
   3.  This section does not apply to any of the following:
   a.  A manufacturer, as defined in section 321.1, or a person acting within the scope of the person’s employment, who installs an in-vehicle communication or telematics system.
   b.  A device installed by or with the permission of the vehicle owner for automobile insurance rating, underwriting, or claims handling purposes.
   c.  A peace officer acting within the officer’s scope of employment.
   d.  A parent or guardian tracking the movement or location of the parent’s minor child or guardian’s ward.
   e.  An employer or business owner tracking the movement or location of a motor vehicle owned, leased, or assigned for use by the employer or business owner.
   f.  A person tracking the movement or location of a device included within the person’s shared cellular telephone service plan.
   4.  A person who violates this section commits a serious misdemeanor.
   
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the unauthorized placement of a global positioning device.
   Under the bill, a person shall not place a global positioning device or a device equipped with global positioning technology on a motor vehicle owned or leased by another person without the consent of the other person.
   The bill also prohibits a person from intentionally obtaining information regarding the movement or location of another person from a global positioning device or a device equipped with global positioning technology that has been placed without the consent of the other person.
   The bill does not apply to any of the following: (1) a manufacturer, as defined in Code section 321.1, or a person acting within the scope of the person’s employment, who installs an in-vehicle communication or telematics system, (2) a device installed with the vehicle owner’s permission for automobile insurance rating, underwriting, or claims handling purposes, (3) a peace officer acting within the scope of employment, (4) a parent or guardian tracking the movement or location of the parent’s minor child or guardian’s ward, (5) an employer or business owner tracking the movement or location of a motor vehicle owned, leased, or assigned for use by the employer or business owner, or (6) a person tracking the movement or location of a device included within the person’s shared cellular telephone service plan.
   A person who violates the bill commits a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.