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:
<ins>"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.
</ins>
<ins>(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."
</ins>
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.