---
title: HB 1270. Criminal procedure; installation and use of mobile tracking devices by law enforcement; provide
collection: bills
id: 2025-2026/hb1270
cite_as: HB 1270, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1270
md_url: https://georgiacommons.org/bills/2025-2026/hb1270.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1270/text
source_url: https://www.legis.ga.gov/legislation/73075
date: 2026-02-12
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1270.md?full=1
bill_number: HB 1270
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-10
last_action: House Second Readers
sponsors:
- Bill Hitchens
- Clint Crowe
- Lauren McDonald
- Eddie Lumsden
- William Werkheiser
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1270/2025
upstream_id: 2113607
summaries_model: claude-sonnet-5
topic_tags:
- criminal procedure
- law enforcement surveillance
- search warrants
- GPS tracking
- court authorization
---
# HB 1270. Criminal procedure; installation and use of mobile tracking devices by law enforcement; provide
## Text
House Bill 1270
By: Representatives Hitchens of the 161st, Crowe of the 118th, McDonald III of the 26th,
Lumsden of the 12th, and Werkheiser of the 157th
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated,
relating to searches with warrants, so as to provide for the installation and use of mobile
tracking devices by law enforcement; to provide a procedure for obtaining court
authorization for such installation and use; to provide for the scope of such installation and
use; to provide for legal standards; to provide for definitions; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to
searches with warrants, is amended by adding a new Code section to read as follows:
"17-5-33.
(a) As used in this Code section, the term:
(1) 'Court of competent jurisdiction' means a judge of the superior court of this state or
a judge authorized to act on behalf of a superior court of this state.
(2) 'Jurisdiction of the issuing court' means the geographic boundaries of the judicial
circuit in which a court of competent jurisdiction is located.
(3) 'Mobile tracking device' means an electronic or mechanical device that permits the
tracking of the movement of a person, object, or vehicle.
(b) Any person authorized to apply for a search warrant as set forth in Code
Section 17-5-20 shall be authorized to apply to a court of competent jurisdiction for an
order authorizing the installation and use of a mobile tracking device in accordance with
this Code section.
(c) An application under subsection (b) of this Code section shall include:
(1) A statement of the identity of the applicant and the law enforcement agency
conducting the investigation that requires the use of a mobile tracking device;
(2) Certification by the applicant, under oath or affirmation, stating facts sufficient to
show probable cause that a crime is being committed or has been committed, and that the
information likely to be obtained by the mobile tracking device is relevant to an ongoing
criminal investigation;
(3) A statement of the offense or offenses to which the information likely to be obtained
relates; and
(4) Where applicable, a statement that it will be necessary to use and monitor the mobile
tracking device outside the jurisdiction of the issuing court.
(d) Upon a finding by a court of competent jurisdiction that an application for installation
and use of a mobile tracking device meets the requirements of subsection (c) of this Code
section, such court may enter an ex parte order authorizing the installation and use of a
mobile tracking device for a specified period of time. Such order may authorize
installation of a mobile tracking device within the jurisdiction of the issuing court and may
further authorize the use of such device, including the collection of data by such device,
in any jurisdiction of this state.
(e) The standards established by the United States Supreme Court for the installation and
use of mobile tracking devices shall apply to the installation and use of such devices under
this Code section."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would create a formal court process for law enforcement to get judicial approval before installing GPS or similar tracking devices on people, vehicles, or objects during criminal investigations.
### Plain-language summary
Georgia law currently has procedures for search warrants but no specific statute covering mobile tracking devices, such as GPS trackers that law enforcement might attach to a vehicle or object. This bill adds a new section to Georgia's search warrant law (O.C.G.A. § 17-5-33) that lays out exactly how police and prosecutors can ask a judge for permission to install and use such a device.
Under the bill, the same people who can apply for a search warrant could apply to a superior court judge for an order authorizing a mobile tracking device. The application must identify the investigating agency, swear to facts showing probable cause that a crime occurred, name the offense involved, and say if the device will be used outside the judge's home circuit. A judge could then issue a secret (ex parte) order letting police install the device within the circuit and track it anywhere in Georgia for a set time. The bill also says the installation and use must meet the standards the U.S. Supreme Court has set for these devices.
### What it does
- Creates a new Georgia Code section (O.C.G.A. § 17-5-33) setting up a specific court approval process for installing and using mobile tracking devices like GPS trackers.
- Defines who counts as a 'court of competent jurisdiction' (a superior court judge) and what a 'mobile tracking device' is under the law.
- Requires investigators to submit a sworn application showing probable cause, naming the offense, and identifying the requesting agency before a device can be installed.
- Allows judges to issue orders without notifying the tracked person in advance (ex parte), authorizing installation in one judicial circuit but tracking anywhere in Georgia.
- Requires that use of these devices follow standards set by the United States Supreme Court, tying the new state process to existing federal constitutional limits.
### Who it affects
The bill affects law enforcement agencies and prosecutors who investigate crimes, superior court judges who would review and approve tracking device applications, and any person, vehicle, or object that becomes the subject of a court-authorized mobile tracking device during a criminal investigation.
### Why it matters
Without a specific statute, Georgia law enforcement has relied on general search warrant rules or federal case law when using tracking devices like GPS trackers. This bill would spell out exactly what officers must show a judge, giving investigators a clearer legal path while also setting fixed conditions, such as probable cause and time limits, on how tracking can be authorized.
### Key provisions
- Section 1 adds new Code section 17-5-33 to Georgia's search warrant law (Article 2 of Chapter 5 of Title 17).
- Subsection (a) defines 'court of competent jurisdiction,' 'jurisdiction of the issuing court,' and 'mobile tracking device.'
- Subsection (b) allows anyone authorized to apply for a search warrant under O.C.G.A. § 17-5-20 to also apply for a mobile tracking device order.
- Subsection (c) lists required application contents: the applicant's identity, sworn probable cause facts, the offense involved, and whether tracking will extend outside the issuing judge's circuit.
- Subsection (d) lets the judge issue an ex parte order for a specified period, allowing installation in the issuing circuit and use or data collection statewide.
- Subsection (e) requires that installation and use follow standards set by the United States Supreme Court.
- Section 2 repeals any conflicting laws.
## Status
- Status: Introduced (2026-02-10)
- Last action: House Second Readers (2026-02-12)
- Sponsors: Bill Hitchens, Clint Crowe, Lauren McDonald, Eddie Lumsden, William Werkheiser
- Official page: https://www.legis.ga.gov/legislation/73075
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1270.md?full=1