1.1 A bill for an act
1.2 relating to public safety; authorizing expanded use of tracking devices for fleeing
1.3 motor vehicles; amending Minnesota Statutes 2024, section 626A.35, subdivision
1.4 2b, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 626A.35, subdivision 2b, is amended to read:
1.7 Subd. 2b.Exception; stolen motor vehicles.(a) The prohibition under subdivision 1
1.8does not apply to the use of a mobile tracking device on a stolen motor vehicle when:
1.9 (1) the consent of the owner of the vehicle has been obtained; or
1.10 (2) the owner of the motor vehicle has reported to law enforcement that the vehicle is
1.11stolen, and the vehicle is occupied when the tracking device is installed and the stolen
1.12vehicle is not on private property.
1.13 (b) Within 24 12 hours of a tracking device being attached to a vehicle pursuant to the
1.14authority granted in paragraph (a), clause (2), an officer employed by the agency that attached
1.15the tracking device to the vehicle must remove the device, disable the device, or obtain a
1.16search warrant granting approval to continue to use the device in the investigation.
1.17 (c) A peace officer employed by the agency that attached a tracking device to a stolen
1.18motor vehicle must remove the tracking device if the vehicle is recovered and returned to
1.19the owner.
1.20 (d) Any tracking device evidence collected after the motor vehicle is returned to the
1.21owner is inadmissible.
1Section 1.
REVISOR KLL H1744-1HF1744 FIRST ENGROSSMENT
123
Printed
Page No.State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1744
NINETY-FOURTH SESSION
Authored by Stier, Novotny, Joy, Repinski, Duran and others03/03/2025
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy
Adoption of Report: Placed on the General Register as Amended04/01/2025
Read for the Second Time 2.1 (e) When a peace officer attaches a tracking device to a stolen vehicle pursuant to
2.2paragraph (a), clause (2), the peace officer must prepare a report that includes the evidence
2.3relied upon to establish the vehicle was reported stolen, the date and time the device was
2.4attached to the vehicle, the method used to attach the device to the vehicle, the duration for
2.5which the tracking device was attached to the vehicle, and an explanation of how the device
2.6impacted the outcome of the investigation. Reports created under this paragraph must be
2.7retained as part of the criminal investigation file.
2.8 (f) By August 1, 2024, and each year thereafter, the chief law enforcement officer of an
2.9agency that obtains a search warrant under paragraph (b), must provide notice to the
2.10superintendent of the Bureau of Criminal Apprehension of the number of search warrants
2.11the agency obtained under this subdivision in the preceding 12 months. The superintendent
2.12must provide a summary of the data received pursuant to this paragraph in the bureau's
2.13biennial report to the legislature required under section 299C.18.
2.14 Sec. 2. Minnesota Statutes 2024, section 626A.35, is amended by adding a subdivision to
2.15read:
2.16 Subd. 2c.Exception; fleeing motor vehicles.(a) The prohibition under subdivision 1
2.17does not apply to the use of a mobile tracking device on a fleeing motor vehicle.
2.18 (b) If a mobile tracking device is attached to a vehicle pursuant to the authority granted
2.19in paragraph (a) and the vehicle is not in the custody of law enforcement within 12 hours
2.20of the mobile tracking device being attached to the vehicle, an officer employed by the
2.21agency that attached the tracking device to the vehicle must remove the device, disable the
2.22device, or obtain a search warrant granting approval to continue to use the device in the
2.23investigation.
2.24 (c) A peace officer employed by the agency that attached a tracking device to a fleeing
2.25motor vehicle must remove the tracking device if the vehicle is recovered, determined to
2.26be stolen, and returned to the owner. Any tracking device evidence collected after the motor
2.27vehicle is returned to the owner is inadmissible.
2.28 (d) When a peace officer attaches a tracking device to a fleeing vehicle pursuant to
2.29paragraph (a), the peace officer must prepare a report that includes the evidence relied upon
2.30to establish the vehicle was fleeing, the date and time the device was attached to the vehicle,
2.31the method used to attach the device to the vehicle, the duration for which the tracking
2.32device was attached to the vehicle, and an explanation of how the device impacted the
2.33outcome of the investigation. Reports created under this paragraph must be retained as part
2.34of the criminal investigation file.
2Sec. 2.
REVISOR KLL H1744-1HF1744 FIRST ENGROSSMENT 3.1 (e) By August 1, 2026, and each year thereafter, the chief law enforcement officer of an
3.2agency that obtains a search warrant under paragraph (b) must provide notice to the
3.3superintendent of the Bureau of Criminal Apprehension of the number of search warrants
3.4the agency obtained under this subdivision in the preceding 12 months. The superintendent
3.5must provide a summary of the data received pursuant to this paragraph in the bureau's
3.6biennial report to the legislature required under section 299C.18.
3.7 (f) For purposes of this subdivision, "flee" has the meaning given in section 609.487,
3.8subdivision 1.
3Sec. 2.
REVISOR KLL H1744-1HF1744 FIRST ENGROSSMENT