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Georgia General Assembly · Full text

HB 1270: Criminal procedure; installation and use of mobile tracking devices by law enforcement; provide

Introduced version, the latest LegiScan holds · Last action February 12, 2026 · Introduced

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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.