HB1270: HB1270 Criminal procedure; installation and use of mobile tracking devices by law enforcement; provide

Currently, Georgia law spells out procedures for search warrants but does not have a dedicated statute addressing mobile tracking devices, such as GPS trackers, that law enforcement attaches to vehicles or objects to monitor movement. This bill adds a new section to Georgia's search warrant law (O.C.G.A. § 17-5-33) that lets anyone authorized to seek a search warrant also apply to a superior court judge for an order allowing installation and use of a mobile tracking device. The application must identify the requesting officer and agency, include a sworn statement showing probable cause that a crime occurred, describe the offense involved, and note if the device will be monitored outside the judge's judicial circuit. If approved, a judge can issue an order, without notifying the target beforehand, allowing installation within the circuit and use anywhere in Georgia. The bill also states that federal Supreme Court standards for these devices apply, and it repeals any conflicting laws.

• Creates a new Georgia law (O.C.G.A. § 17-5-33) letting law enforcement apply to a superior court judge for an order to install and use mobile tracking devices.
• Requires the application to include the applicant's identity, a sworn statement of probable cause, the suspected offense, and whether monitoring will occur outside the judge's home circuit.
• Allows the judge to issue the order without notifying the tracked person in advance (an ex parte order), for a set period of time.
• Permits the device to be installed only inside the judge's judicial circuit but allows monitoring and data collection anywhere in Georgia once installed.
• Adopts United States Supreme Court legal standards for tracking device installation and use as the governing rule under this new state law.
• Repeals any existing Georgia laws that conflict with this new procedure.

Law enforcement agencies and officers who seek to track suspects' vehicles or belongings, superior court judges who review and approve these applications, and any person, vehicle, or object that becomes the subject of a tracking order during a criminal investigation.

The bill gives Georgia police a clear, court-supervised path to use tracking devices, similar to how search warrants work, rather than relying only on federal case law. It also lets devices installed in one judicial circuit be monitored statewide, which could affect how far-reaching surveillance orders can be.

• Subsection (a) defines key terms including 'mobile tracking device,' 'court of competent jurisdiction,' and 'jurisdiction of the issuing court' (the judicial circuit where the court sits).
• Subsection (b) lets anyone eligible to apply for a search warrant under O.C.G.A. § 17-5-20 also apply for a tracking device order.
• Subsection (c) lists four required elements of the application, including sworn probable cause and identification of the offense being investigated.
• Subsection (d) allows the judge to issue an ex parte order (without the tracked person present) authorizing installation within the circuit and use statewide.
• Subsection (e) applies United States Supreme Court standards for tracking device installation and use to orders issued under this section.
• Section 2 repeals any conflicting Georgia laws.

1. 2026-02-12House Second Readers (House)
2. 2026-02-11House First Readers (House)
3. 2026-02-10House Hopper (House)

• Bill Hitchens (R, HD-161)Primary sponsor
• Clint Crowe (R, HD-118)
• Lauren McDonald (R, HD-026)
• Eddie Lumsden (R, HD-012)
• William Werkheiser (R, HD-157)

• criminal procedure
• law enforcement surveillance
• search warrants
• GPS tracking
• court orders