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18901Virginia GPS ban-limited PI exception

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  • Peter Psarouthakis
    Apr 1, 2013
      On March 16, Virginia Governor Bob McDonnell signed HB 1981, making it a
      Class 3 misdemeanor for any person to install or place an electronic
      tracking device without permission of the owner of the vehicle or causes an
      electronic tracking device to be installed and uses such device to track the
      location of any person.

      The new legislation contains some limited exceptions, including one for
      Virginia state registered private investigators. A caveat against such use
      by private investigators is that their client not be subject to a
      restraining order.

      Nicole Bocra, ISPLA's executive committee member and a founder, worked
      closely with the Virginia Professional Investigators Political Action
      Committee and its lobbyist to achieve this result. Pertinent excerpts from
      the measure are:

      Unauthorized Use of electronic tracking device; penalty.

      "Any person who installs or places an electronic tracking device through
      intentionally deceptive means and without consent, or causes an electronic
      tracking device to be installed or placed through intentionally deceptive
      means without consent, and uses such device to track the location of any
      person is guilty of a Class 3 misdemeanor.

      The provisions of this section shall not apply to the installation,
      placement, or use of an electronic tracking device by:

      ...a registered private investigator. as defined in section 9.1 - 138, who
      is regulated in accordance with section 9.1-139 and is acting in the normal
      course of his business and with the consent of the owner of the property
      upon which the electronic tracking device is installed and placed. However,
      such exception shall not apply if the private investigator is working on
      behalf of a client who is subject to a protective order..., or if the
      private investigator knows or should reasonably know that the client seeks
      the private investigator's services to aid in the commission of a crime."

      A copy of the bill is available here: GPS Bill Signed by Governor

      Bruce Hulme

      ISPLA Director of Government Affairs

      www.ISPLA.org <http://www.ispla.org/>

      Your Proactive Voice from the State Capitols to the Nation's Capitol

      [Non-text portions of this message have been removed]