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

26 LC 63 0093 House Bill 1270 By: Representatives Hitchens of the 161 st, Crowe of the 118 th, McDonald III of the 26 th, 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 Cod e of Georgia Annotated,1 relating to searches with warrants, so as to provide for the in stallation and use of mobile2 tracking devices by law enforcement; to provide a procedure for obtaining court3 authorization for such installation and use; to provide for the scope of such installation and4 use; to provide for legal standards; to provide for definitions; to provide for related matters;5 to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 2 of Chapter 5 of Title 17 of the Official Code of Geor gia Annotated, relating to9 searches with warrants, is amended by adding a new Code section to read as follows:10 "17-5-33.11 (a) As used in this Code section, the term:12 (1) 'Court of competent jurisdiction' means a judge of the superior court of this state or13 a judge authorized to act on behalf of a superior court of this state.14 (2) 'Jurisdiction of the issuing court' means the geographic b oundaries of the judicial15 circuit in which a court of competent jurisdiction is located.16 H. B. 1270 - 1 - 26 LC 63 0093 (3) 'Mobile tracking device' means an electronic or mechanical device that permits the17 tracking of the movement of a person, object, or vehicle.18 (b) Any person authorized to apply for a search warrant as set forth in Code19 Section 17-5-20 shall be authorized to apply to a court of comp etent jurisdiction for an20 order authorizing the installation and use of a mobile tracking device in accordance with21 this Code section.22 (c) An application under subsection (b) of this Code section shall include:23 (1) A statement of the identity of the applicant and the law e nforcement agency24 conducting the investigation that requires the use of a mobile tracking device;25 (2) Certification by the applicant, under oath or affirmation, stating facts sufficient to26 show probable cause that a crime is being committed or has been committed, and that the27 information likely to be obtained by the mobile tracking device is relevant to an ongoing28 criminal investigation;29 (3) A statement of the offense or offenses to which the information likely to be obtained30 relates; and31 (4) Where applicable, a statement that it will be necessary to use and monitor the mobile32 tracking device outside the jurisdiction of the issuing court.33 (d) Upon a finding by a court of competent jurisdiction that an application for installation34 and use of a mobile tracking device meets the requirements of subsection (c) of this Code35 section, such court may enter an ex parte order authorizing the installation and use of a36 mobile tracking device for a specified period of time. Such or der may authorize37 installation of a mobile tracking device within the jurisdiction of the issuing court and may38 further authorize the use of such device, including the collect ion of data by such device,39 in any jurisdiction of this state.40 (e) The standards established by the United States Supreme Court for the installation and41 use of mobile tracking devices shall apply to the installation and use of such devices under42 this Code section."43 H. B. 1270 - 2 - 26 LC 63 0093 SECTION 2.44 All laws and parts of laws in conflict with this Act are repealed.45 H. B. 1270 - 3 -