West Virginia 2023 Regular Session

West Virginia House Bill HB3207

Introduced
2/2/23  

Caption

To prohibiting the use of electronic tracking devices

Impact

The bill introduces misdemeanor charges for violations, subjecting offenders to a fine of up to $1,000 or a maximum of 30 days confinement in jail. This legislative move is seen as a step towards safeguarding children's welfare during contentious custody and abuse cases. By explicitly forbidding deceptive practices surrounding tracking devices, the bill reinforces legal and ethical boundaries concerning personal privacy, particularly for minors.

Summary

House Bill 3207 aims to amend West Virginia's legal framework to prohibit the use of electronic tracking devices when installed or placed without consent. Specifically, this bill targets instances where an electronic tracking device is used to follow a child's movements in scenarios involving custody disputes or child abuse and neglect proceedings. The bill defines 'electronic tracking device' as any device permitting remote tracking of another person's location, thus highlighting the intention to protect children's privacy in sensitive situations.

Sentiment

The sentiment surrounding HB3207 appears to be largely positive among advocates for children's rights and privacy. Proponents of the bill regard it as a necessary protective measure against potential abuse and violations of privacy. However, there may be concerns about enforcement challenges and potential pushback from individuals or entities that may depend on tracking technologies for legitimate reasons, suggesting a nuanced debate that balances privacy against oversight.

Contention

Notable points of contention might arise regarding the definition of consent and the circumstances under which tracking devices can be deemed appropriate. While the intention to protect children is clear, discussions may focus on how this prohibition might affect lawful and necessary tracking in other contexts, such as safety concerns or parental monitoring. Advocates for the bill must navigate these discussions to ensure that the law effectively safeguards children without unduly restricting parental rights or lawful oversight.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4390

Prohibiting the use of electronic tracking devices

WV HB2427

Electronic tracking device; unauthorized use, penalties.

WV H1809

Prohibiting electronic tracking of motor vehicles

WV H2036

Prohibiting electronic tracking of motor vehicles

WV HB254

Provides with respect to certain electronic tracking devices (EN INCREASE GF EX See Note)

WV SB741

In assault, providing for the offense of unauthorized use of electronic tracking device.

WV SB159

In assault, providing for the offense of unauthorized use of an electronic tracking device; and providing for penalties.

WV SB990

Electronic Smoking Devices - Prohibitions and Requirements

WV H1572

Prohibiting motor vehicle tracking devices without consent

WV H1773

Prohibiting motor vehicle tracking devices without consent

Similar Bills

No similar bills found.