| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; eliminating the requirement that a vehicle be unoccupied |
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| 3 | 3 | | 1.3 when law enforcement attach a tracking device; authorizing the expanded use of |
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| 4 | 4 | | 1.4 tracking devices for fleeing motor vehicles; amending Minnesota Statutes 2024, |
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| 5 | 5 | | 1.5 section 626A.35, subdivision 2b, by adding a subdivision. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 626A.35, subdivision 2b, is amended to read: |
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| 8 | 8 | | 1.8 Subd. 2b.Exception; stolen motor vehicles.(a) The prohibition under subdivision 1 |
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| 9 | 9 | | 1.9does not apply to the use of a mobile tracking device on a stolen motor vehicle when: |
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| 10 | 10 | | 1.10 (1) the consent of the owner of the vehicle has been obtained; or |
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| 11 | 11 | | 1.11 (2) the owner of the motor vehicle has reported to law enforcement that the vehicle is |
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| 12 | 12 | | 1.12stolen, and the vehicle is occupied when the tracking device is installed. |
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| 13 | 13 | | 1.13 (b) Within 24 hours of a tracking device being attached to a vehicle pursuant to the |
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| 14 | 14 | | 1.14authority granted in paragraph (a), clause (2), an officer employed by the agency that attached |
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| 15 | 15 | | 1.15the tracking device to the vehicle must remove the device, disable the device, or obtain a |
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| 16 | 16 | | 1.16search warrant granting approval to continue to use the device in the investigation. |
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| 17 | 17 | | 1.17 (c) A peace officer employed by the agency that attached a tracking device to a stolen |
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| 18 | 18 | | 1.18motor vehicle must remove the tracking device if the vehicle is recovered and returned to |
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| 19 | 19 | | 1.19the owner. |
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| 20 | 20 | | 1.20 (d) Any tracking device evidence collected after the motor vehicle is returned to the |
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| 21 | 21 | | 1.21owner is inadmissible. |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | 25-00787 as introduced12/09/24 REVISOR KLL/HL |
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| 24 | 24 | | SENATE |
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| 25 | 25 | | STATE OF MINNESOTA |
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| 26 | 26 | | S.F. No. 2318NINETY-FOURTH SESSION |
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| 27 | 27 | | (SENATE AUTHORS: LANG, Seeberger and Kreun) |
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| 28 | 28 | | OFFICIAL STATUSD-PGDATE |
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| 29 | 29 | | Introduction and first reading03/10/2025 |
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| 30 | 30 | | Referred to Judiciary and Public Safety 2.1 (e) By August 1, 2024, and each year thereafter, the chief law enforcement officer of an |
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| 31 | 31 | | 2.2agency that obtains a search warrant under paragraph (b), must provide notice to the |
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| 32 | 32 | | 2.3superintendent of the Bureau of Criminal Apprehension of the number of search warrants |
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| 33 | 33 | | 2.4the agency obtained under this subdivision in the preceding 12 months. The superintendent |
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| 34 | 34 | | 2.5must provide a summary of the data received pursuant to this paragraph in the bureau's |
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| 35 | 35 | | 2.6biennial report to the legislature required under section 299C.18. |
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| 36 | 36 | | 2.7 Sec. 2. Minnesota Statutes 2024, section 626A.35, is amended by adding a subdivision to |
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| 37 | 37 | | 2.8read: |
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| 38 | 38 | | 2.9 Subd. 2c.Exception; fleeing motor vehicles.The prohibition under subdivision 1 does |
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| 39 | 39 | | 2.10not apply to the use of a mobile tracking device on a fleeing motor vehicle. For purposes |
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| 40 | 40 | | 2.11of this subdivision, "flee" has the meaning given in section 609.487, subdivision 1. |
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| 41 | 41 | | 2Sec. 2. |
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| 42 | 42 | | 25-00787 as introduced12/09/24 REVISOR KLL/HL |
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