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OHIO Bill that may effect use of GPS Tracking

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  • ohioprivateeye
    Group, Attached is a bill introduced in OHIO that may effect the legal use of GPS monitoring devices. Pass this around to PI associates in Ohio. Thank you!
    Message 1 of 1 , Mar 9 6:07 PM
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      Group,
      Attached is a bill introduced in OHIO that may effect the legal use of GPS monitoring devices. Pass this around to PI associates in Ohio.
      Thank you!

      Roland E Georgi
      Resolution Assurance Group
      5005 Rockside Road
      Cleveland, Ohio 44131
      216-539-0464 / 877-464-4674
      www.OhioPrivateEye.com / www.SpySupplyWarehouse.com
      RolandG@...


      ---------
      As Introduced
      128th General Assembly
      Regular Session H. B. No. 304
      2009-2010
      Representative Burke
      Cosponsors: Representatives Adams, J., Blair, Boose, Grossman, Huffman,
      Ruhl, Sears, Stebelton
      A B I L L
      To enact sections 2917.51 and 2933.81 of the Revised
      Code to prohibit the use of a tracking device to
      determine the location or movement of a person
      without the person's consent subject to specified
      exceptions, to provide for the issuance of a
      search warrant to a law enforcement officer or
      prosecutor authorizing the installation, use, and
      removal of a tracking device subject to specified
      conditions, and to provide for the installation
      and use of a tracking device by an investigative
      officer or law enforcement officer without a
      search warrant in specified emergency situations
      and subject to specified conditions.
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      BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
      Section 1. That sections 2917.51 and 2933.81 of the Revised
      Code be enacted to read as follows:
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      Sec. 2917.51. (A) As used in this section: 16
      (1) "Tracking device" means any device that reveals its
      location or movement by the transmission of electronic signals.
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      (2) "Class A license," "class B license," and "private
      investigator" have the same meanings as in section 4749.01 of the
      Revised Code.
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      (B) Except as otherwise provided in this section, no person
      shall use a tracking device to determine the location or movement
      of another person without the other person's consent.
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      (C) Division (B) of this section does not apply to the use of
      a tracking device pursuant to section 2933.81 of the Revised Code
      by any law enforcement agency, law enforcement officer,
      prosecutor, or investigative officer if the use is in accordance
      with that section.
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      (D) Division (B) of this section does not apply to any of the
      following:
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      (1) The use of a tracking device to determine the location or
      movement of another person if the owner or lien holder of a
      vehicle has consented to the use of a tracking device with respect
      to the vehicle and the device is used with respect to that
      vehicle;
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      (2) The use of a tracking device to determine the location or
      movement of another person if the lessor or lessee of a vehicle
      and the person operating the vehicle have consented to the use of
      a tracking device with respect to the vehicle and the device is
      used with respect to that vehicle;
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      (3) To an action of a law enforcement agency acting in a law
      enforcement capacity or to an action of a law enforcement
      official, court official, or other authorized person that relates
      to an offender's or delinquent child's use of a global positioning
      system device, global positioning device, or electronic monitoring
      device required pursuant to a sanction imposed or order issued
      under any provision of the Revised Code;
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      (4) To an action of United States military law enforcement 49
      H. B. No. 304 Page 2
      As Introduced
      personnel in the performance of the personnel's official duties; 50
      (5) To an action of a parent, guardian, custodian, or person
      in loco parentis of a child or another person, with respect to
      determining the location or movement of the child or other person
      with whom the parent, guardian, custodian, or person in loco
      parentis has the specified legal relationship;
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      (6) To an action of a person who is a family member or
      caregiver of another person who has been diagnosed by a licensed
      physician to be suffering from Alzheimer's disease, vascular
      dementia, Pick's disease, Creutzfeldt-Jakob disease, Parkinson's
      disease, or Lewy body dementia, with respect to determining the
      location or movement of the other person who has been so
      diagnosed;
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      (7) To an action of a facility licensed, certified, or
      accredited pursuant to Chapter 3712., 3721., 3722., or 3727. of
      the Revised Code, with respect to determining the location or
      movement of a patient through the use of a tracking device when
      the device is considered medically necessary by the patient's
      physician;
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      (8) To the provision of a commercial service, including, but
      not limited to, a mobile telephone service or vehicle safety or
      security service, that allows the provider of the service to
      determine the location or movement of a device provided to a
      customer of the commercial service for the purpose of providing
      the commercial service;
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      (9) To an action of a private investigator who has been
      issued a class A or class B license under Chapter 4749. of the
      Revised Code that is valid at the time of the action, while in the
      performance of any duty that is authorized for the private
      investigator in connection with pending, active civil litigation
      if all of the following are satisfied:
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      H. B. No. 304 Page 3
      As Introduced
      (a) Before engaging in the action, the private investigator
      obtains an order authorizing the use of a tracking device from the
      court of common pleas of the county in which the person who is the
      subject of the tracking device resides.
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      (b) Any information or data obtained as a result of the use
      of a tracking device by the private investigator is kept
      confidential and is not to be disclosed to any person other than
      the judge and the parties involved in the litigation and their
      attorneys except upon order of the court in which the civil
      litigation is pending, the information or data so obtained is
      subject to discovery by any party to the civil litigation, and,
      upon the termination of the civil litigation, the information or
      data is immediately destroyed.
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      (E) Notwithstanding division (D) of this section, no person
      shall be required to be implanted with a tracking device pursuant
      to this section.
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      (F) Whoever violates this section is guilty of "unauthorized
      use of a tracking device," a misdemeanor of the first degree.
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      Sec. 2933.81. (A) As used in this section: 99
      (1)(a) Except as provided in division (A)(1)(b) of this
      section, "tracking device" means an electronic or mechanical
      device that, when placed or installed upon a person or object,
      permits one or more other persons to remotely determine or track
      the position and movement of the person upon whom, or the object
      upon which, the device is placed or installed.
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      (b) As used in this section, "tracking device" does not
      include any of the following:
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      (i) Any device, including, but not limited to, a cellular
      telephone or another personal electronic device, that includes as
      an incidental feature the capability of determining the location
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      H. B. No. 304 Page 4
      As Introduced
      of the device by utilizing a global positioning satellite system; 111
      (ii) Any device that is installed or utilized with the
      knowledge and consent of the owner or user of the device or, in
      the case of a minor, with the knowledge and consent of the minor's
      parent or guardian.
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      (2) "Investigative officer" has the same meaning as in
      section 2933.51 of the Revised Code.
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      (3) "Law enforcement officer" means any sheriff, deputy
      sheriff, constable, municipal police officer, marshal, deputy
      marshal, or state highway patrolman, or any officer, agent, or
      employee of this state or any of its agencies, instrumentalities,
      or political subdivisions upon whom, by statute, the authority to
      arrest violators is conferred, when the officer, agent, or
      employee is acting within the limits of that statutory authority.
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      (4) "Prosecutor" means the prosecuting attorney of a county,
      the village solicitor, city director of law, or similar chief
      legal officer of a municipal corporation, and any assistant of any
      of those officers.
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      (B) A law enforcement officer of a law enforcement agency in
      the county in which the tracking device is to be installed, or a
      prosecutor who serves that county or a municipal corporation
      within that county, may apply to a judge of the court of common
      pleas of that county for the issuance of a search warrant
      authorizing the installation, use, and removal of a tracking
      device. Each application for a search warrant of that nature shall
      be in writing upon oath or affirmation to a judge of the court of
      common pleas of the county in which the tracking device is to be
      installed and shall contain all of the following:
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      (1) A full and complete statement of the facts relied on by
      the applicant that are sufficient to establish probable cause to
      believe that a particular crime has been committed, is being
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      H. B. No. 304 Page 5
      As Introduced
      committed, or will be committed and that the person or object to
      be tracked is involved, was involved, or will be involved in the
      commission or facilitation of that crime;
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      (2) A full and complete statement of the facts relied on by
      the applicant that are sufficient to establish probable cause to
      believe that the use of a tracking device will result in the
      prevention of a criminal offense under investigation, the seizure
      of evidence relevant to the investigation or prosecution of a
      criminal offense, or the whereabouts of a fugitive from justice or
      a suspect, victim, or witness relating to a criminal offense;
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      (3) A particular description of the person or object upon
      which a tracking device is to be installed.
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      (C) Upon the written application of a law enforcement officer
      or prosecutor made pursuant to division (B) of this section, a
      judge of a court of common pleas with whom the application is made
      may issue a search warrant authorizing the installation, use, and
      removal of a tracking device. If a judge of a court of common
      pleas issues a search warrant of that nature, all of the following
      apply:
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      (1) A tracking device authorized by the search warrant shall
      be installed within ten days after the issuance of the warrant and
      shall be installed within the county served by the issuing judge.
      The date and time of installation shall be recorded and included
      in the return described in division (C)(4) of this section that is
      made to the issuing judge. If the tracking device is not installed
      within the ten-day period specified in this division, the warrant
      shall be returned to the issuing judge as unexecuted.
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      (2) The search warrant shall authorize the use of a tracking
      device for a reasonable period of time, not to exceed forty-five
      days, unless extended as provided in this division, commencing on
      the date on which the tracking device is installed upon the person
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      H. B. No. 304 Page 6
      As Introduced
      or object to be tracked. Upon written application for an extension
      of the authorized time for use of the device and upon a finding of
      good cause, the issuing judge may authorize one or more extensions
      of the search warrant for a reasonable period of time, not to
      exceed forty-five days for each such extension.
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      (3) When the period of time authorized for the use of a
      tracking device under the search warrant or the last extension of
      the period of time for the use of the device has expired,
      monitoring of the tracking device shall be discontinued
      immediately.
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      (4) Within ten days after the period of time authorized for
      the use of a tracking device under the search warrant or the last
      extension of the period of time for the use of the device has
      expired, the officer executing the warrant shall make a return of
      the warrant to the issuing judge. The return shall specify the
      date on which and the time at which the tracking device was
      installed, the address or location of installation of the tracking
      device, the date on which and the time at which the monitoring was
      discontinued, and a general summary of the movements of the object
      or person tracked during the duration of the tracking.
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      (5) Within ten days after the period of time authorized for
      the use of a tracking device under the search warrant or the last
      extension of the period of time for the use of the device has
      expired, the officer executing the warrant shall serve a copy of
      the warrant on the person who was tracked or whose property was
      tracked. The office shall accomplish service of the warrant on a
      person under this division by delivering a copy of it to the
      person, by leaving a copy of it at the person's residence or usual
      place of abode with an individual of suitable age and discretion
      who resides at that location, or by mailing a copy of it to the
      person's last known address. Upon the request of the law
      enforcement officer or prosecutor who applied for the warrant or
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      H. B. No. 304 Page 7
      As Introduced
      the officer who executed the warrant, the issuing judge may delay
      for a reasonable time service of the notice otherwise required
      under this division. If the issuing judge delays service of notice
      upon request as described in this division, the notice shall be
      served not later than ten days after the issuance of an arrest
      warrant, indictment, or information based wholly or in part upon
      information derived from the use of a tracking device pursuant to
      the warrant.
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      (6) A tracking device installed and used under the authority
      of the search warrant may be used within the county served by the
      issuing judge and, provided the device is installed within that
      county, may be used outside that county.
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      (7) Except as otherwise provided in this division, the search
      warrant and any extension of the warrant, the application upon
      which the warrant and extensions, if any, were issued, the
      affidavit supporting the warrant and extensions, if any, the
      return made under division (C)(4) of this section, and any request
      for an order granting a delay in the service of notice made as
      described in division (C)(5) of this section shall be filed with
      the clerk of the court of common pleas served by the issuing
      judge, or with the issuing judge if so ordered, at the time the
      return is made or when the warrant has been returned pursuant to
      division (C)(1) of this section as unexecuted. The judge who
      issues the search warrant may order that the documents described
      in this division be sealed while an investigation remains ongoing
      until such time that an arrest warrant, indictment, or information
      based wholly or in part upon information derived from the use of
      the tracking device installed and used under the authority of the
      warrant is issued.
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      (D)(1) Any investigative officer or law enforcement officer
      who is specially designated in writing by the attorney general or
      by a prosecuting attorney for the purpose of having installed and
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      H. B. No. 304 Page 8
      As Introduced
      using a tracking device without the prior issuance of a search
      warrant, may have installed and use a tracking device without the
      prior issuance of a search warrant pursuant to divisions (B) and
      (C) of this section, subject to division (D)(2) of this section,
      if the officer reasonably determines both of the following:
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      (a) That an emergency situation exists that involves either
      immediate danger of death or serious physical harm to any person
      or conspiratorial activities characteristic of organized crime and
      the emergency situation requires the installation and use of a
      tracking device before a search warrant authorizing that
      installation and use can, with due diligence, be obtained pursuant
      to divisions (B) and (C) of this section;
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      (b) There are grounds upon which a search warrant could be
      issued pursuant to divisions (B) and (C) of this section to
      authorize such installation and use.
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      (2) If an investigative officer or law enforcement officer
      has installed and uses a tracking device under authority of
      division (D)(1) of this section, within forty-eight hours after
      the time the tracking device is installed, the officer or another
      investigative officer or law enforcement officer serving the same
      law enforcement agency as that officer shall apply for and obtain
      in accordance with divisions (B) and (C) of this section a search
      warrant approving the installation or use of the device.
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      (3) If an application for a search warrant is made as
      described in division (D)(2) of this section and it is granted,
      division (C) of this section applies to the further installation
      and use of the tracking device.
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      If an application for a search warrant is made as described
      in division (D)(2) of this section and the application is denied,
      or if the installation or use of the tracking device under
      division (D)(1) of this section is terminated without a search
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      As Introduced
      warrant having been issued pursuant to divisions (B) and (C) of
      this section, any tracking information or other surveillance
      effected pursuant to division (D)(1) of this section is
      confidential and shall not be disclosed or be admissible in any
      court of this state except to prove violations of this section or
      section 2917.51 of the Revised Code.
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      H. B. No. 304 Page 10
      As Introduced
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