Results 1 to 6 of 6

Thread: New GPS Laws in Virginia

  1. #1
    Paul Abernathy is offline Lifetime Professional Management Member

    Corporate Agency Member of:
    International Private Investigators Union (IPIU)
    Join Date
    Dec 2012
    Location
    Virginia
    Posts
    231

    New GPS Laws in Virginia

    VIRGINIA ACTS OF ASSEMBLY -- 2013 SESSION
    CHAPTER 434
    An Act 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 the use of electronic tracking devices; penalty.
    [H 1981]
    Approved March 16, 2013
    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 use of electronic tracking device; penalty.
    A. 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 and without consent, and uses such device to track the location of any
    person is guilty of a Class 3 misdemeanor.
    B. The provisions of this section shall not apply to the installation, placement, or use of an
    electronic tracking device 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
    and in accordance with other state or federal law;
    2. The parent or legal guardian of a minor when tracking (i) the minor or (ii) any person authorized
    by the parent or legal guardian as a caretaker of the minor at any time when the minor is under the
    person's sole care;
    3. A legally authorized representative of an incapacitated adult, as defined in § 18.2-369;
    4. The owner of fleet vehicles, when tracking such vehicles;
    5. An electronic communications provider to the extent that such installation, placement, or use is
    disclosed in the provider's terms of use, privacy policy, or similar document made available to the
    customer; or
    6. A registered private investigator, as defined in § 9.1-138, who is regulated in accordance with
    § 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 under § 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, 19.2-152.10, or
    subsection B of § 20-103, 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.
    C. For the purposes of this section:
    "Electronic tracking device" means an electronic or mechanical device that permits a person to
    remotely determine or track the position and movement of another person.
    "Fleet vehicle" means (i) one or more motor vehicles owned by a single entity and operated by
    employees or agents of the entity for business or government purposes, (ii) motor vehicles held for lease
    or rental to the general public, or (iii) motor vehicles held for sale by motor vehicle dealers.

  2. #2
    John Sanderson is offline Lifetime Member

    Corporate Agency Member of:
    International Private Investigators Union (IPIU)
    Join Date
    Dec 2008
    Location
    Massachusetts
    Posts
    4,492

    Re: New GPS Laws in Virginia

    I'm sorry, but I'm tired. Can you post a summary? What's old and what's new?

  3. #3
    Paul Abernathy is offline Lifetime Professional Management Member

    Corporate Agency Member of:
    International Private Investigators Union (IPIU)
    Join Date
    Dec 2012
    Location
    Virginia
    Posts
    231

    Re: New GPS Laws in Virginia

    John,

    The summary is that it is now a Class 3 Misdemeanor for placing an electronic tracking device on a subjects property (let's say vehicle) without the owner of the property's prior consent. The law now says Registed Private Investigators are exempt from the rule IF...the owner of the property to which you place the ETD on has given consent.

  4. #4
    Paul Abernathy is offline Lifetime Professional Management Member

    Corporate Agency Member of:
    International Private Investigators Union (IPIU)
    Join Date
    Dec 2012
    Location
    Virginia
    Posts
    231

    Re: New GPS Laws in Virginia

    However...loopholes being what they are. If I am tracking a CAR I am not tracking the person and the law deals with the person. When the author of the bill was asked a specific question here was their reply:

    "I wanted to get to the bottom of Delegate May’s intent so I then posed this question to May for further clarification.

    As a Citizen of Virginia, I decided, on a whim, to place a GPS Tracking Device or similar technology on my neighbor’s car without consent would I be in violation of this legislation. May stated “no”. May went on to say “you are monitoring the vehicle and not the person”.

    With Mays acknowledgment that personal property is not regulated by this legislation, it begs the question of how would one track the movements of the naked human over a large distance?"

  5. #5
    Join Date
    May 1989
    Location
    National Office
    Posts
    2,253

    Re: New GPS Laws in Virginia

    As of this date, today:

    § 18.2-60.5. Unauthorized use of electronic tracking device; penalty.

    A. 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 and without consent, and uses such device to track the location of any person is guilty of a Class 3 misdemeanor.

    B. The provisions of this section shall not apply to the installation, placement, or use of an electronic tracking device 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 and in accordance with other state or federal law;

    2. The parent or legal guardian of a minor when tracking (i) the minor or (ii) any person authorized by the parent or legal guardian as a caretaker of the minor at any time when the minor is under the person's sole care;

    3. A legally authorized representative of an incapacitated adult, as defined in § 18.2-369;

    4. The owner of fleet vehicles, when tracking such vehicles;

    5. An electronic communications provider to the extent that such installation, placement, or use is disclosed in the provider's terms of use, privacy policy, or similar document made available to the customer; or

    6. A registered private investigator, as defined in § 9.1-138, who is regulated in accordance with § 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 under § 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, 19.2-152.10, or subsection B of § 20-103, 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.

    C. For the purposes of this section:

    "Electronic tracking device" means an electronic or mechanical device that permits a person to remotely determine or track the position and movement of another person.

    "Fleet vehicle" means (i) one or more motor vehicles owned by a single entity and operated by employees or agents of the entity for business or government purposes, (ii) motor vehicles held for lease or rental to the general public, or (iii) motor vehicles held for sale by motor vehicle dealers.

    2013, c. 434.
    Legal Affairs comments are not intended to be and should absolutely not be taken as legal advice. If you should require legal, tax, or financial advice, you must first enter into a written agreement with only a licensed professional for legal, tax, or financial services, signed by both you and the licensed professional, and paid a retainer in good funds. Legal Affairs is not, nor intends to be, nor solicits to be your licensed professional. Members accessing comments by Legal Affairs are required to be bound by their Terms of Use Agreement regarding Legal Affairs.

  6. #6
    Join Date
    May 1989
    Location
    National Office
    Posts
    2,253

    Re: New GPS Laws in Virginia

    Quote Originally Posted by Paul Abernathy View Post
    However...loopholes being what they are. If I am tracking a CAR I am not tracking the person and the law deals with the person. When the author of the bill was asked a specific question here was their reply:

    "I wanted to get to the bottom of Delegate May’s intent so I then posed this question to May for further clarification.

    As a Citizen of Virginia, I decided, on a whim, to place a GPS Tracking Device or similar technology on my neighbor’s car without consent would I be in violation of this legislation. May stated “no”. May went on to say “you are monitoring the vehicle and not the person”.

    With Mays acknowledgment that personal property is not regulated by this legislation, it begs the question of how would one track the movements of the naked human over a large distance?"
    It appears Delegate May's HB 807 bill failed to pass. See below quote:

    Quote from Morse Investigations:

    "We are pleased to announce that Virginia House Bill 807 was defeated in Senate Committee (Courts of Justice) by a vote of 7 to 5. House Bill 807 is a pet project of Delegate May and seems to be aimed squarley at Private Investigators. This is the second year in a row that similar legislation has been introduced by Delegate May.

    "House Bill 807 passed the House of Delegates with little opposition despite the efforts of Joe D. Morrissey Democrat District 74, and 9 other Democrats that voted against the measure. To see how your Delegate Representative voted click here.

    "In the Senate Courts of Justice Committee a bipartisan effort lead by Committee Chair Tommy Normant Republican District 3, and 7 others voted against HB 807. To see how your Senate Representative voted click here.

    "The Private Investigator industry was represented by Lobbyist James Towey, John Morse of Morse Investigation Services, LLC, and John Kipley. All three spoke in opposition in front of the Senate Committee. Behind the scenes PIAVA, PISA and ISPLA all worked hard to fund the the Lobbying efforts and handle communication to its members. Also a special thanks goes to Nicole Bocra for all of her tireless efforts.

    "We agree that legislation is in order to reign in the abuse of electronic tracking devices when they are used with the intent to harass or cause harm. Despite Delegate May’s assertion otherwise, HB 807 was seriously flawed. This bill would have dramatically affected property rights, and a host of other unintended consequences. We hope that Delegate May will consider introducing a bill that would expand the use GPS tracking devices used to stalk or harass to be included under stalking laws that carry a much higher penalty and jail time."
    Legal Affairs comments are not intended to be and should absolutely not be taken as legal advice. If you should require legal, tax, or financial advice, you must first enter into a written agreement with only a licensed professional for legal, tax, or financial services, signed by both you and the licensed professional, and paid a retainer in good funds. Legal Affairs is not, nor intends to be, nor solicits to be your licensed professional. Members accessing comments by Legal Affairs are required to be bound by their Terms of Use Agreement regarding Legal Affairs.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •