HB 1596 -- Tracking Devices

Sponsor:  Clayton

The bill establishes procedures for the issuance of tracking
device warrants.  Under the bill, a judge by court order may
authorize the installation, monitoring, servicing, and repair of
a device to track the movement of a person or object.  A
tracking device warrant may be issued by a judge, upon
application by a prosecuting attorney or peace officer, under
standards similar to a search warrant. Generally, the tracking
device order will require: (1) particularity as to the person or
thing onto which the tracking device will be installed; (2)
specification of the length of time the person or object will be
tracked, not to exceed 30 days; and (3) a finding by the court
that probable cause exists to believe that criminal activity is
afoot by the named person or object and probable cause to
believe that evidence of a criminal offense can be obtained by
use of the tracking device.  The bill also establishes time
limitations on installing the tracking device as well as
procedures for extension of time for continued placement of
tracking devices.