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2011 SESSION

11100629D
HOUSE BILL NO. 2032
Offered January 12, 2011
Prefiled January 11, 2011
A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 4 of Title 18.2 a section numbered 18.2-60.5, relating to placement of electronic tracking devices in or on vehicles through deceptive means; penalty.
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Patrons-- May and Byron
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Article 6 of Chapter 4 of Title 18.2 a section numbered 18.2-60.5 as follows:

§ 18.2-60.5. Unauthorized installation or placement of electronic tracking device in vehicle; penalty.

A. Any person who installs or places, through intentionally deceptive means, an electronic tracking device in or on a vehicle or causes an electronic tracking device to be installed or placed, through intentionally deceptive means, in or on a vehicle is guilty of a Class 3 misdemeanor.

B. The provisions of this section shall not apply to the installation or placement of an electronic tracking device in or on a vehicle by:

1. A law-enforcement officer, judicial officer, probation or parole officer, or employee of the Department of Corrections when any such person is engaged in the lawful performance of official duties; or

2. The parent or legal guardian of a minor in or on any vehicle owned or leased by the minor or the parent or guardian of the minor and operated by the minor.

C. For the purposes of this section:

"Electronic tracking device" means an electronic or mechanical device that, when placed on or installed in a vehicle, permits other persons to remotely determine or track the position and movement of such vehicle.

"Vehicle" has the same meaning set forth in § 46.2-100.