Establishes the offense of unlawful tracking of a motor vehicle

SECOND REGULAR SESSION
HOUSE BILL NO. 191 1
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WILLIAMS.
5480H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 565, RSMo, by adding thereto one new section relating to the of fense of
unlawful tracking of a motor vehicle, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 565, RSMo, is amended by adding thereto one new section, to be
2 known as section 565.260, to read as follows:
565.260. 1. Except as pr ovided in subsection 2 of this section, a person commits
2 the offense of unlawful tracking of a motor vehicle if the person knowingly installs,
3 conceals, or otherwise places an electr onic tracking device in or on a motor vehicle
4 without the consent of all owners of the vehicle for the purpose of monitoring or
5 following an occupant or occupants of the vehicle. As used in this section, "person" does
6 not include the manufactur er of the motor vehicle.
7 2. (1) It shall not be an offense under this section if the installing, concealing, or
8 placing of an electr onic tracking device in or on a motor vehicle is by , or at the dir ection
9 of, a law enforcem ent officer in furtherance of a criminal investigation and such
10 investigation is carried out in accordance with applicable state and federal law .
11 (2) If the installing, concealing, or placing of an electr onic tracking device in or
12 on a motor vehicle is by , or at the dir ection of, a par ent or legal guardian who owns or
13 leases the vehicle, and if the device is used solely for the purpose of monitoring the
14 minor child of the paren t or legal guardian when the child is an occupant of the vehicle,
15 the installation, concealment, or placement of the device in or on the vehicle without the
16 consent of any or all occupants of the vehicle shall not be an offense under this section.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (3) It shall not be an offense under this section if the installing, concealing, or
18 placing of an electr onic tracking device in or on a motor vehicle is for the purpose of
19 tracking the location of stolen goods being transported in the vehicle or for the purpose
20 of tracking the location of the vehicle if the motor vehicle is stolen.
21 (4) It shall not be an offense under this section if the installing, concealing, or
22 placing of an electr onic tracking device in or on a motor vehicle is by a legally
23 authorized r epr esentative of a vulnerable adult. As used in this subdivision,
24 "vulnerable adult" means any person eighteen years of age or older who is impair ed
25 by reas on of mental illness, intellectual or developmental disability , physical illness or
26 disability , or other causes, including age, to the extent the adult lacks sufficient
27 understanding or capacity to make, communicate, or carry out reas onable decisions
28 concerning his or her well-being or has one or mor e limitations that substantially impair
29 the adult's ability to independently provi de for his or her daily needs or safeguard his or
30 her person, pr operty , or legal interes ts.
31 (5) If the installing, concealing, or placing of an electr onic tracking device in or
32 on a motor vehicle is by , or at the dir ection of, a person who obtains consent fr om all
33 owners of the vehicle, the installation, concealment, or placement of the device in or on
34 the vehicle shall not be an offense under this section.
35 (6) It shall not be an offense under this section if the installing, concealing, or
36 placing of an electr onic tracking device in or on a motor vehicle is by a vehicle r ental,
37 sharing, or leasing company that rent s motor vehicles for the purpose of tracking or
38 managing the motor vehicles owned by such company or pr oviding services to
39 customers.
40 (7) It shall not be an offense under this section if the installing, concealing, or
41 placing of an electr onic tracking device in or on a motor vehicle is by a lienholder or
42 agent of a lienholder acting to track the movement or location of a motor vehicle in
43 order to reposs ess the motor vehicle.
44 (8) It shall not be an offense under this section if the installing, concealing, or
45 placing of an electr onic tracking device in or on a motor vehicle is for any party to
46 participate in a voluntary usage-based insurance pro gram. "V oluntary usage-based
47 insurance pr ogram" shall mean any pro gram implemented by , or on behalf of, an
48 insurance company that collects, re cords, or transmits information r elating to driving
49 behavior of an insured party .
50 3. The prov isions of this section shall not apply to a tracking system installed by
51 the manufactur er of a motor vehicle.
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52 4. The offense of unlawful tracking of a motor vehicle is a class A misdemeanor
53 for a first offense and a class E felony for any second or subsequent offense.
✔
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