HLS 25RS-119 ORIGINAL 2025 Regular Session HOUSE BILL NO. 74 BY REPRESENTATIVE MIKE JOHNSON Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. DOMESTIC ABUSE: Provides for the termination of manufacturer vehicle tracking services in certain cases of domestic abuse, sexual assault, or stalking 1 AN ACT 2To enact R.S. 14:323(E) and Chapter 28-E of Title 46 of the Louisiana Revised Statutes of 3 1950, to be comprised of R.S. 46:2191 through 2195, relative to the disabling of 4 remote access technology on motor vehicles; to provide for definitions; to provide 5 for a civil fine; to establish a fund; to provide limitations on manufacturers; and to 6 provide for related matters. 7Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 14:323(E) is hereby enacted to read as follows: 9 §323. Tracking devices prohibited; penalty 10 * * * 11 E. The exception provided in Subsection C of this Section shall not apply 12 under any of the following circumstances: 13 (1) An individual with ownership interest who has been granted a protective 14 order as provided in R.S. 46:2136 or a temporary restraining order as provided in 15 R.S. 46:2135. 16 (2) If another individual has been granted exclusive use of the vehicle by a 17 court of competent jurisdiction. 18 Section 2. Chapter 28-E of Title 46 of the Louisiana Revised Statutes of 1950, 19comprised of R.S. 46:2191 through 2195, is hereby enacted to read as follows: Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-119 ORIGINAL HB NO. 74 1 CHAPTER 28-E. DISABLING OF REMOTE ACCESS TECHNOL OGY 2 §2191. Definitions 3 A. For purposes of this Chapter: 4 (1) "Abuser" means an individual who has committed, or is presumed to 5 have committed a covered act against a survivor, as defined in this Section. 6 (2) "Covered act" means conduct that constitutes: 7 (a) Domestic abuse as defined in R.S. 46:2132. 8 (b) Sexual assault as defined in R.S. 29:220. 9 (c) Stalking as defined in R.S. 14:40.2. 10 (3) "Remote access technology" means technology that enables a driver of 11 a motor vehicle to remotely track, control, or operate the driver's vehicle using a 12 smartphone app or other device. 13 (4) "Survivor" means an individual who is a victim of a covered act, as 14 defined in this Section. 15 §2192. Remote access suspension, survivor of a covered act 16 A.(1) A motor vehicle manufacturer shall suspend the remote access 17 technoloy on a motor vehicle within two business days from receipt of a complete 18 remote access suspension request from a survivor. 19 (2) A complete remote access suspension request requires the following: 20 (a) A certified copy of a protective order as provided by R.S. 46:2136 21 against the abuser that has been signed by a judge, a temporary restraining order as 22 provided by R.S. 46:2135 against the abuser that has been signed by a judge, or any 23 other official document that evidences that abuser has committed a covered act. 24 (b) The survivor has ownership interest in the motor vehicle or a certified 25 copy of a judgment that provides exclusive use of the motor vehicle regardless of 26 ownership. 27 B. The remote access technology may remain disabled for the duration of the 28 protective order, temporary restraining order, or judgment granting exclusive use of 29 the motor vehicle. Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-119 ORIGINAL HB NO. 74 1 C. The motor vehicle manufacturer shall provide secure and remote online 2 means for the survivor to submit a complete remote access suspension request. 3 §2193. Civil fine 4 Any motor vehicle manufacturer that is found to have violated R.S. 46:2192 5 shall be subject to a civil fine of ten thousand dollars per violation, not to exceed a 6 sum of one million dollars. The attorney general may maintain a civil action in a 7 court of competent jurisdiction to recover such fines. 8 §2194. Christine Dowdall Fund 9 A. There is hereby established in the state treasury a special fund to be 10 known as the Christine Dowdall Fund, hereinafter referred to in this Section as the 11 "fund". The fund shall be administered by the Louisiana Commission on Law 12 Enforcement and Administration of Criminal Justice. 13 B. The fund shall be composed of: 14 (1) All monies paid as a civil fine levied against a motor vehicle 15 manufacturer in violation of R.S. 46:2192. 16 (2) Monies derived from appropriations by the legislature. 17 C. The monies in the fund shall be used exclusively for the Victims of Crime 18 Act and the Violence Against Women Act. 19 §2195. Limitations on manufacturer; remote access suspension request 20 A motor vehicle manufacturer may not do any of the following in order to 21 disable the remote access technology: 22 (1) Require the survivor to pay a fee or any outstanding fines owed by the 23 abuser. 24 (2) Contact the abuser after the survivor submits a complete remote access 25 suspension request. Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-119 ORIGINAL HB NO. 74 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 74 Original 2025 Regular Session Mike Johnson Abstract: Provides a mechanism for a survivor of a covered act to disable the remote access technology on a motor vehicle. Proposed law defines "abuser", "covered act", "remote access technology", and "survivor". Proposed law provides that a motor vehicle manufacturer shall suspend the remote access technology on a motor vehicle within two days of a complete remote access suspension request. Proposed law provides the requirements for a complete remote access suspension request. Proposed law provides that the remote access technology may remain disabled for the duration of the protective order, temporary restraining order, or judgment granting exclusive use of the motor vehicle. Proposed law provides that the motor vehicle manufacturer shall provide secure and remote online means for the survivor to submit a complete remote access suspension request. Proposed law provides that a motor vehicle manufacturer shall be subject to a civil fine of ten thousand dollars per violation, not to exceed a sum of one million dollars. The attorney general may maintain a civil action in a court of competent jurisdiction to recover such fines. Proposed law establishes a fund where all civil fines levied against a motor vehicle manufacturer in violation of proposed law are managed by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice. The fund is also composed of monies derived from appropriations by the legislature. Proposed law provides that the monies in the fund shall be used exclusively for the Victims of Crime Act and the Violence Against Women Act. Proposed law provides that a motor vehicle manufacturer may not require the survivor to pay a fee or any outstanding fines owed by the abuser or contact the abuser after the survivor submits a complete remote access suspension request in order to disable the remote access technology. Proposed law provides that an individual with ownership interest who has been granted a protective order or temporary restraining order, or any other individual that has been granted exclusive use of the vehicle by a court of competent jurisdiction shall not be granted the exceptions provided under the prohibition for tracking devices. (Adds R.S. 14:323(E) and R.S. 46:2191-2195) Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.