Bill Summary for H 450 (2025-2026)

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Summary date: 

Mar 18 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 450 (Public) Filed Tuesday, March 18, 2025
AN ACT TO PROHIBIT A PRIVATE DETECTIVE OR PRIVATE INVESTIGATOR FROM INSTALLING AND USING AN ELECTRONIC TRACKING DEVICE WITHOUT FIRST OBTAINING A SEARCH WARRANT OR OTHER JUDICIAL ORDER AUTHORIZING THE INSTALLATION AND USE; AND TO REQUIRE THAT WILDLIFE PROTECTORS OBTAIN A SEARCH WARRANT OR OTHER SIMILAR ORDER BEFORE CONDUCTING INSPECTIONS OR INVESTIGATIONS ON OR IN CERTAIN PRIVATE PROPERTY.
Intro. by Chesser, Miller, Pyrtle, Huneycutt.

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Bill summary

Repeals GS 14-196.3(b)(5)k (making it unlawful for a private detective or private investigator licensed under GS Chapter 74C, to knowingly install, place, or use an electronic tracking device without consent and other acts described, provided that (1) the tracking is pursuant to authority under GS 74C-3(a)(8), (2) the tracking is not otherwise contrary to law, and (3) the person being tracked is not under the protection of a domestic violence protective order under GS Chapter 50B or any other court order that protects against assault, threat, harassment, following, or contact).

Specifies that nothing in GS 113-136 (enforcement authority of inspectors and protectors) authorizes searches as described without a search warrant or judicial order authorizing the search (was, just those search in contravention of the constitutional prohibitions against unreasonable searches and seizures). Amends GS 113-302.1 (inspections of licensed and commercial premises) to require when a search is conducted to determine whether any wildlife on the premises is possessed in accordance with applicable laws and rules, required records are being kept, and other legal requirements are being observed when the establishment is open for business or if a proprietor or employee is on the premises, an administrative search warrant is required that it is secured under the terms of Article 4A of GS Chapter 15 (currently, only need to secure an administrative warrant in the protector’s discretion or if case law requires it). 

Applies to offenses committed on or after December 1, 2025.