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words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 399
BY SENATOR RISER
GEOGRAPHIC INFO SYSTEMS. Prohibits the use of tracking device to track the location
or movement of a person without that person's consent. (8/15/10)
AN ACT1
To enact Chapter 19-E of Title 51 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 51:1749.1 through 1749.4, relative to the use of tracking devices;3
to prohibit the tracking of the location or movement of another person without the4
consent of that person; to provide definitions; to provide exceptions; to provide5
remedies for violations; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Chapter 19-E of Title 51 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 51:1749.1 through 1749.4, is hereby enacted to read as follows: 9
CHAPTER 19-E. PERSONAL LOCATION PRIVACY PROTECTION ACT10
§1749.1. Short title11
This Chapter shall be known and may be cited as the "Personal Location12
Privacy Protection Act."13
§1749.2. Definition of tracking device14
For the purposes of this Chapter, "tracking device" means any device15
that reveals its location or movement by the transmission of electronic signals.16
§1749.3. Unlawful acts; exceptions17 SB NO. 399
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A. Except as otherwise provided in Subsections B and C of this Section,1
no person shall use a tracking device to determine the location or movement of2
another person without the consent of that person.3
B. Law enforcement agencies are specifically authorized to use tracking4
devices, pursuant to a valid court order.5
C. This Chapter shall not apply when any of the following criteria are6
met:7
(1) The owner of a motor vehicle has consented to the use of the tracking8
device with respect to such vehicle.9
(2) The lessor or lessee of a motor vehicle and the person operating such10
vehicle have consented to the use of a tracking device with respect to such11
vehicle.12
(3) The tracking device is being lawfully used by a law enforcement13
agency in a law enforcement activity.14
(4) The tracking device is being lawfully used by United States military15
law enforcement personnel in the performance of their official duties.16
(5) The person employing the tracking device is the parent or legal17
guardian of a child or other person whose location or movements are being18
tracked and with whom the parent or guardian has a legal relationship.19
(6) The person employing the tracking device is a family member or20
caregiver of a person with a diagnosis by a licensed physician of Alzheimer's21
disease, vascular dementia, Pick's disease, Creutzfeldt-Jakob disease,22
Parkinson's disease, or Lewy body dementia and the tracking device is used23
with respect to determining the location or movement of such patient or family24
member.25
(7) The tracking device is employed by a nursing home or long term care26
facility licensed by the state or required to be licensed by the state pursuant to27
R.S. 40:2009.1 through 2009.12 and R.S. 40:2151 through 2163 and used with28
respect to determining the location or movement of a patient when such device29 SB NO. 399
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is deemed medically necessary by the patient's physician and is authorized in1
writing by such physician.2
(8) The tracking device is employed by the provider of a commercial3
service, such as mobile telephone service or vehicle safety or security service,4
which allows the provider of such service to determine the location or5
movement of a device provided to a customer of such commercial service for the6
purpose of providing such commercial service.7
(9) The person whose location or movement is being tracked without the8
consent of that person, if such person is an occupant of a motor vehicle where9
use of such tracking device is permissible according to the provisions of this10
Chapter.11
D. Notwithstanding Subsection C of this Section, no person shall be12
required to have his location or movements determined by a tracking device13
pursuant to this Chapter.14
§1749.4. Remedies for violation15
A. Any person who is adversely affected by a violation of this Chapter16
may bring an action against a person who knowingly uses a tracking device to17
determine the location or movement of another person in violation of this18
Chapter. A person who brings an action under this Chapter may seek to enjoin19
further violations of R.S. 51:1749.1, et seq., and seek to recover the greater of20
three times the amount of actual damages or five thousand dollars per violation.21
B. The attorney general or a district attorney in a parish where a22
violation occurs may bring an action against a person who violates or is in23
violation of this Chapter to enjoin further violations of R.S. 52:1749.1, et seq.,24
and to recover a civil penalty of up to five thousand dollars per violation.25
C. The remedies provided for in this Section shall not preclude other26
remedies, including criminal remedies, provided by law.27 SB NO. 399
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Present law contains no provisions regarding the use of tracking devices without the consent
of the person being tracked.
Proposed law enacts the "Personal Location Privacy Protection Act."
Proposed law defines a "tracking device" and prohibits any such device from being used to
reveal the location or movement of a person without that person's consent.
Proposed law provides for the following exceptions:
1. The owner of the vehicle may use a tracking device.
2.The lessor or lessee of a vehicle obtains the consent of the person operating the
vehicle.
3.Lawful use by a law enforcement officer in an official law enforcement capacity.
4. Lawful use by a U.S. military law enforcement officer in an official military law
enforcement capacity.
5. Parent or legal guardian with respect to the location or movement of a child or other
person for whom the parent or guardian has a legal relationship.
6. Person tracking the location or movement of a person with specific diagnoses by a
family member or caregiver.
7. A nursing home or long term care facility tracks the location or movement of a
patient when deemed medically necessary by the patient's physician and is
authorized in writing.
8. The device is employed by a commercial provider of mobile telephone services or
a vehicle safety or security service obtained by the customer.
9. If the person being tracked without his consent is a passenger in a vehicle where the
use of the tracking device is permissible.
Proposed law provides that no person shall be required to have the location or movement of
his person determined by a tracking device.
Proposed law provides for private civil actions against the violator of proposed law seeking
injunctive relief and money damages; provides for the attorney general or a district attorney
to seek civil money penalties against violators; and specifically states that other remedies,
including criminal sanctions, are not precluded for violations of proposed law.
Effective August 15, 2010.
(Adds R.S. 51:1749.1-1749.4)