The House Courts and Criminal Code Committee heard SB 161 sponsored by Rep. McNamara on unlawful use of a tracking device. Authored by Sen. Crider, the bill:
- Adds a prohibition against using a tracking device to the list of conditions a court may impose when issuing a protection order.
- Increases the penalty for stalking to a Level 5 Felony if the offense is committed by means of a tracking device.
- Provides that a person who, with the intent to track an individual, and without the individual’s knowledge, places a tracking device on an individual or the individual’s property commits remote criminal tracking, a Level 6 felony, unless certain exceptions apply.
- Makes it a Level 5 felony if a person who is the subject of a protective order uses a tracking device to track the person protected by the protective order.
- Establishes a sentence enhancement if a person uses a tracking device to commit or facilitate the commission of a crime.
The bill was amended to remove the section of the bill that contained the crime of remote criminal tracking and added the provisions to an existing statute concerning unlawful surveillance. This amendment changes the base penalty from a Level 6 felony to a Class A misdemeanor, and the enhanced penalty from a Level 5 felony to a Level 6 felony when the person commits the offense by knowingly or intentionally placing the tracking device.
The Indiana Coalition Against Domestic Violence, Indiana Prosecuting Attorneys Council, and a domestic violence victim testified in support of the bill. A licensed private investigator testified in opposition. The Indiana Public Defender Council presented neutral testimony. The amended bill passed 10-0.
Read the bill at: https://iga.in.gov/legislative/2023/bills/senate/161