STALKING BY GPS/CRIMINAL OFFENSE.

View NCGA Bill Details2015-2016 Session
House Bill 187 (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 Glazier, Horn, Faircloth, McGrady.

Status: Re-ref Com On Judiciary II (House Action) (Apr 1 2015)

SOG comments (1):

Identical Bill

Identical to S 238 filed on 3/10/15.

Bill History:

H 187

Bill Summaries:

  • Summary date: Apr 1 2015 - More information

    House amendments make the following changes to the 2nd edition.

    Amendment #1 makes organizational and technical changes, dividing the provisions of GS 14-196.3(b)(5)d. into two subsubdivisions, d. and e., and re-lettering the remaining subsubdivisions accordingly.

    Amendment #2 rewrites GS 14-196.3(b)(5)b. to provide that the prohibition against knowingly installing or placing an electronic tracking device, without consent, for the purpose of tracking a person, does not apply to the installation of an electronic tracking device by the parent or legal guardian of a minor on any vehicle owned or leased by that parent or legal guardian of the minor and operated by the minor. Provides that this exception does not apply if there is a domestic violence protective order in place unless the parent or legal guardian subject to the order has custody of the minor.


  • Summary date: Mar 31 2015 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 14-196.3 adding language to the proposed term "fleet vehicle" providing that fleet vehicles are also motor vehicles used as demonstrators, test vehicles, or loaner vehicles by motor vehicle dealers. Amends the provisions which create exceptions to the prohibition and unlawful tracking of vehicles, expanding on the exception for the owner of fleet vehicles, establishing that the provisions also do not apply to creditors of fleet vehicles or a motor vehicle dealer or seller as defined in GS 20-286 and 25A-6 when tracking such vehicles. Also exempts the installation, placement, or use of an electronic tracking device to locate and remotely disable a fleet vehicle with the express consent of the purchaser, borrower, or lessee of the fleet vehicle. Makes a clarifying change to GS 14-196.3(e)


  • Summary date: Mar 10 2015 - More information

    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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