SLS 13RS-137 ORIGINAL
Page 1 of 2
Regular Session, 2013
SENATE CONCURRENT RESOLUTI ON NO. 8
BY SENATOR NEVERS
CHILDREN. Requests the Louisiana State Law Institute to study the feasibility of requiring
the consent of both parents of a child to track that child by GPS.
A CONCURRENT RESOLUTI ON1
To urge and request the Louisiana State Law Institute to study whether the state should2
require the consent of both of a child's parents to track the child by tracking device,3
including a Global Positioning System (GPS) tracking device, and whether such a4
requirement may conflict with current legal authority granted to parents with sole or5
joint custody of their child.6
WHEREAS, La. R.S. 14:323(A) currently prohibits any person from using a tracking7
device to determine the location or movement of another person without the consent of that8
person; and9
WHEREAS, La. R.S. 14:323(C) provides a list of exceptions to such prohibition on10
tracking devices; and11
WHEREAS, one of those exceptions, La. R.S. 14:323 (C)(4), allows a parent or legal12
guardian to track the location or movements of their minor child; and13
WHEREAS, such exception in its present form could potentially be used to track an14
adult parent with the child, rather than simply tracking the child; and 15
WHEREAS, one parent may not want their child to be tracked; and16
WHEREAS, such exception should therefore be studied to determine whether the17
state should revise the exception to require the consent of both parents to track the location18 SCR NO. 8
SLS 13RS-137 ORIGINAL
Page 2 of 2
or movements of a minor child; and1
WHEREAS, the legislature does not seek to hinder or limit the authority of a parent2
to whom the court has granted sole custody of a child or the rights of parents having joint3
custody of a child; and 4
WHEREAS, the study should therefore include review of whether such proposed5
revision to the language of the current exception would conflict with existing state laws6
relating to the legal authority of parents having sole or joint custody of children in cases of7
divorce.8
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby9
urge and request the Louisiana State Law Institute to study whether state law should be10
revised to require the consent of both of a child's parents to track the child by tracking11
device, including a Global Positioning System (GPS) tracking device.12
BE IT FURTHER RESOLVED that a copy of the Law Institute report, together with13
any proposed legislation, shall be submitted to the Legislature of Louisiana not later than14
February 15, 2014.15
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the16
director of the Louisiana State Law Institute.17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Nevers SCR No. 8
Requests the Louisiana State Law Institute to study the feasibility of revising state law to
require the consent of both of a child's parents to track the child by tracking device,
including a Global Positioning System (GPS) tracking device.