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House File 204 - IntroducedA Bill ForAn Act 1relating to the unauthorized placement of a global
2positioning device and providing a penalty.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 708.11A Unauthorized placement of
2global positioning device.
31. A person shall not place a global positioning device or
4a device equipped with global positioning technology on a motor
5vehicle owned or leased by another person without the consent
6of the other person.
72. A person shall not intentionally obtain information
8regarding the movement or location of another person from a
9global positioning device or a device equipped with global
10positioning technology that has been placed without the consent
11of the other person.
123. This section does not apply to any of the following:
13a. A manufacturer, as defined in section 321.1, or a
14person acting within the scope of the person’s employment, who
15installs an in-vehicle communication or telematics system.
16b. A device installed by or with the permission of the
17vehicle owner for automobile insurance rating, underwriting, or
18claims handling purposes.
19c. A peace officer acting within the officer’s scope of
20employment.
21d. A parent or guardian tracking the movement or location of
22the parent’s minor child or guardian’s ward.
23e. An employer or business owner tracking the movement or
24location of a motor vehicle owned, leased, or assigned for use
25by the employer or business owner.
26f. A person tracking the movement or location of a device
27included within the person’s shared cellular telephone service
28plan.
294. A person who violates this section commits a serious
30misdemeanor.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to the unauthorized placement of a global
-1-1positioning device.
2Under the bill, a person shall not place a global positioning
3device or a device equipped with global positioning technology
4on a motor vehicle owned or leased by another person without
5the consent of the other person.
6The bill also prohibits a person from intentionally
7obtaining information regarding the movement or location of
8another person from a global positioning device or a device
9equipped with global positioning technology that has been
10placed without the consent of the other person.
11The bill does not apply to any of the following: (1) a
12manufacturer, as defined in Code section 321.1, or a person
13acting within the scope of the person’s employment, who
14installs an in-vehicle communication or telematics system, (2)
15a device installed with the vehicle owner’s permission for
16automobile insurance rating, underwriting, or claims handling
17purposes, (3) a peace officer acting within the scope of
18employment, (4) a parent or guardian tracking the movement
19or location of the parent’s minor child or guardian’s ward,
20(5) an employer or business owner tracking the movement or
21location of a motor vehicle owned, leased, or assigned for use
22by the employer or business owner, or (6) a person tracking the
23movement or location of a device included within the person’s
24shared cellular telephone service plan.
25A person who violates the bill commits a serious
26misdemeanor. A serious misdemeanor is punishable by
27confinement for no more than one year and a fine of at least
28$315 but not more than $1,875.
-2-jm/nh
2positioning device and providing a penalty.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 708.11A Unauthorized placement of
2global positioning device.
31. A person shall not place a global positioning device or
4a device equipped with global positioning technology on a motor
5vehicle owned or leased by another person without the consent
6of the other person.
72. A person shall not intentionally obtain information
8regarding the movement or location of another person from a
9global positioning device or a device equipped with global
10positioning technology that has been placed without the consent
11of the other person.
123. This section does not apply to any of the following:
13a. A manufacturer, as defined in section 321.1, or a
14person acting within the scope of the person’s employment, who
15installs an in-vehicle communication or telematics system.
16b. A device installed by or with the permission of the
17vehicle owner for automobile insurance rating, underwriting, or
18claims handling purposes.
19c. A peace officer acting within the officer’s scope of
20employment.
21d. A parent or guardian tracking the movement or location of
22the parent’s minor child or guardian’s ward.
23e. An employer or business owner tracking the movement or
24location of a motor vehicle owned, leased, or assigned for use
25by the employer or business owner.
26f. A person tracking the movement or location of a device
27included within the person’s shared cellular telephone service
28plan.
294. A person who violates this section commits a serious
30misdemeanor.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to the unauthorized placement of a global
-1-1positioning device.
2Under the bill, a person shall not place a global positioning
3device or a device equipped with global positioning technology
4on a motor vehicle owned or leased by another person without
5the consent of the other person.
6The bill also prohibits a person from intentionally
7obtaining information regarding the movement or location of
8another person from a global positioning device or a device
9equipped with global positioning technology that has been
10placed without the consent of the other person.
11The bill does not apply to any of the following: (1) a
12manufacturer, as defined in Code section 321.1, or a person
13acting within the scope of the person’s employment, who
14installs an in-vehicle communication or telematics system, (2)
15a device installed with the vehicle owner’s permission for
16automobile insurance rating, underwriting, or claims handling
17purposes, (3) a peace officer acting within the scope of
18employment, (4) a parent or guardian tracking the movement
19or location of the parent’s minor child or guardian’s ward,
20(5) an employer or business owner tracking the movement or
21location of a motor vehicle owned, leased, or assigned for use
22by the employer or business owner, or (6) a person tracking the
23movement or location of a device included within the person’s
24shared cellular telephone service plan.
25A person who violates the bill commits a serious
26misdemeanor. A serious misdemeanor is punishable by
27confinement for no more than one year and a fine of at least
28$315 but not more than $1,875.
-2-jm/nh