Bill Summary for S 238 (2015-2016)

Summary date: 

Jun 24 2015

Bill Information:

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.

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Bill summary

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.

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