STALKING BY GPS/CRIMINAL OFFENSE.

View NCGA Bill Details2015-2016 Session
Senate Bill 238 (Public) Filed Tuesday, March 10, 2015
AN ACT TO PROVIDE THAT A PERSON COMMITS THE OFFENSE OF CYBERSTALKING IF THE PERSON KNOWINGLY INSTALLS OR PLACES A TRACKING DEVICE WITHOUT CONSENT AND USES THE DEVICE TO TRACK THE LOCATION OF AN INDIVIDUAL.
Intro. by Stein, Hartsell.

Status: Ch. SL 2015-282 (Senate Action) (Oct 22 2015)

SOG comments (2):

Long Title Change

House committee substitute to the 3rd edition makes changes to the long title. The original title was as follows:

AN ACT TO PROVIDE THAT A PERSON COMMITS THE OFFENSE OF CYBERSTALKING IF THE PERSON KNOWINGLY INSTALLS OR PLACES A TRACKING DEVICE WITHOUT CONSENT AND USES THE DEVICE TO TRACK THE LOCATION OF AN INDIVIDUAL.

Long Title Change

House committee substitute to the 4th edition made changes to the long title. The previous title was as follows:

AN ACT TO PROVIDE THAT A PERSON COMMITS THE OFFENSE OF CYBERSTALKING IF THE PERSON KNOWINGLY INSTALLS OR PLACES A TRACKING DEVICE WITHOUT CONSENT AND USES THE DEVICE TO TRACK THE LOCATION OF AN INDIVIDUAL AND TO AMEND THE RULES OF EVIDENCE TO ALLOW A CERTIFICATION BY THE CUSTODIAN OF A BUSINESS RECORD TO SHOW THE AUTHENTICITY OF THE RECORD IN LIEU OF OFFERING THE CUSTODIAN'S IN-PERSON TESTIMONY.

Bill History:

S 238/S.L. 2015-282

Bill Summaries:

  • Summary date: Oct 29 2015 - More information

    AN ACT TO PROVIDE THAT A PERSON COMMITS THE OFFENSE OF CYBERSTALKING IF THE PERSON KNOWINGLY INSTALLS OR PLACES A TRACKING DEVICE WITHOUT CONSENT AND USES THE DEVICE TO TRACK THE LOCATION OF AN INDIVIDUAL. Enacted October 22, 2015. Effective December 1, 2015.


  • Summary date: Sep 23 2015 - More information

    Conference report makes the following change to the 6th edition. 

    Amends GS 14-196.3 to narrow the statute's exemption for private detectives and private investigators so that the exemption applies only when the tracking is not otherwise contrary to law and the person being tracked is not under the protection of a domestic violence protective order. 


  • Summary date: Sep 2 2015 - More information

    House amendment makes the following changes to the 5th edition.

    Amends proposed GS 14-196.3(b)(5), concerning the prohibited use of electronic tracking devices, making clarifying changes.

    Further amends proposed GS 14-196.3(b)(5) to expand the specified exceptions to the prohibition on knowingly installing or placing an electronic tracking device without consent in order to track a person's location to include exemptions for (1) employers, when providing a communication device to employees or contractors for use in conducting business for the employer; (2) businesses, if such tracking is incidental to providing a product or service requested by the person being tracked; and (3) licensed private detectives or investigators, when engaging in such tracking for the purposes of investigating (i) crimes or wrongs done or threatened against the United States or any state; (ii) the location, disposition, or recovery of lost or stolen property; or (iii) the protection of individuals from serious bodily harm or death. 


  • Summary date: Jul 28 2015 - More information

    House committee substitute makes the following changes to the 4th edition.

    Amends the long title.

    Amends GS 14-196.3, concerning the exemptions from the prohibition on knowingly installing or placing an electronic tracking device without consent to track a person's location, adding a new exemption for parents or legal guardians of a minor when the device is used to track the minor's location. Restricts parents or guardians that have a domestic violence protective order or other court order promoting specified actions from qualifying for this exemption.

    Deletes proposed changes to Rule 803(6) of the Rules of Evidence found in GS Chapter 8C, which allowed a custodian of business records to authenticate such records by way of affidavit or by document under seal under Rule 902 of the Rules of Evidence made by the custodian in lieu of in-person testimony. 

    Makes conforming changes. 


  • Summary date: Jun 24 2015 - More information

    House committee substitute makes the following changes to the 3rd edition.

    Amends the long title.

    Amends GS 14-196.3, concerning the exemptions from the prohibition on knowingly installing or placing an electronic tracking device without consent to track a person's location, by providing that owners or lessees (previously, owners or lessors were exempt) of any vehicle utilizing such a tracking device are exempt, unless the owner or lessee is subject to a domestic violence protective order or a court order prohibiting specified conduct. Amends the exemption for a legally authorized representative of a disabled adult as defined in GS 108A-101(d) by now providing that legal guardians for a disabled adult, as defined in GS 108A-101(d) and legally authorized individuals or organizations designated to provide protective services as specified in GS 108A-105(c) are exempt from the prohibition when the tracking device is utilized to track the location of the disabled adult. Amends the exemption concerning motor vehicle creditors, providing that creditors or other secured parties, lessors, and any assignees or successors in interest under a retail installment agreement or retail lease are exempt from the prohibition when the use of a tracking device is agreed to by the express written consent of the purchaser, borrower, or lessee of the vehicle (previously, exempted a creditor of a motor vehicle dealer or seller when tracking the vehicle in connection with the sale, loan, or lease of the vehicle with the written consent of the vehicle purchaser, borrower, or lessee). Adds a new exemption for motor vehicle manufacturers and their subsidiary and affiliates when installing or using a tracking device in conjunction with a telematics service program, provided the customer consents to the service. 

    Amends Rule 803(6) of the Rules of Evidence found in GS Chapter 8C to allow a custodian of business records to authenticate such records by way of affidavit or by document under seal under Rule 902 of the Rules of Evidence made by the custodian in lieu of in-person testimony. Further provides that the authentication of evidence by affidavit must be confined to the records of non-parties and requires advance notice of intent to offer the evidence with authorization by affidavit. Effective October 1, 2015.


  • Summary date: Apr 16 2015 - More information

    Senate amendment makes the following changes to the 2nd edition.

    Amends proposed GS 14-196.3(b)(5), which provides exceptions to the prohibition on knowingly installing or placing an electronic tracking device without consent, replacing the exception for parents or legal guardians of a minor, or any person authorized by the parent or legal guardian as a caretaker of the minor, with language that provides an exception for owners or lessors of any vehicle that installs, places, or uses an electronic tracking device unless they are subject to (1) a domestic violence protective order or (2) any court order that prevents the owner or lessor from assaulting, threatening, harassing, following, or contacting a driver or occupant of the vehicle.


  • Summary date: Apr 15 2015 - More information

    Senate committee substitute to the 1st edition makes the following changes. Amends the definition of fleet vehicle in GS 14-196.3 to include motor vehicles used as demonstrators, test vehicles, or loaner vehicles by motor vehicle dealers. Amends the exemptions from the prohibition on knowingly installing or placing an electronic tracking device without consent to track a person's location as follows: (1) deletes the previous language concerning tracking a minor and instead allows a minor's parent or legal guarding to place a tracking device on any vehicle they own or lease that is operated by the minor, unless the parent or guardian is subject to a domestic violence protective order under GS Chapter 50B and does not have have custody of the minor; (2) adds to the exceptions a creditor of a motor vehicle dealer or seller when tracking the vehicle to locate and remotely disable a vehicle in connection with the sale, loan, or lease of the vehicle with the written consent of the vehicle purchaser, borrower, or lessee; and (3) deletes the exception for private investigators.


  • Summary date: Mar 10 2015 - More information

    Identical to H 187 filed on 3/10/15.

    Amends GS 14-196.3, as the title indicates. Adds definitions for the following terms as they apply in this statute: electronic tracking device and fleet vehicle.

    Makes it unlawful to knowingly install or place an electronic tracking device without consent, or to cause an electronic tracking device to be installed without consent, and use the electronic device to track the location of any person. Specifies that these provisions do not apply to the installment, placement, or use of an electronic tracking device by any of the following: (1) law enforcement, judicial officer, probation or parole officer, employee of the Division of Corrections, Department of Public Safety when the person is engaged in the performance of official duties in accordance with state or federal law; (2) the parent or legal guardian of a minor, or any person authorized by the parent or legal guardian as a caretaker of the minor; (3) a legally authorized representative of a disabled adult as defined in GS 108A-101(d); (4) the owner of a fleet of vehicles when tracking those vehicles; (5) a licensed private investigator but provides that this exception does not apply if the investigator is working on behalf of a client subject to a domestic violence protective order under GS Chapter 50B or if the investigator knows or should reasonably know that the client is seeking services to aid in the commission of a crime; and (6) an order issued by a state or federal court.

    Effective December 1, 2015, and applies to offenses committed on or after that date.


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