New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S827

Introduced
1/18/22  
Refer
1/18/22  
Report Pass
2/23/23  

Caption

Makes it a fourth degree crime to engage in certain tracking and location activities.

Impact

The bill modifies existing laws under Title 2C of the New Jersey Statutes, emphasizing that while tracking can be conducted legally under certain conditions—such as with consent from the tracked individual, or by parents for minors—the unauthorized use of such devices is a criminal offense. The legislation also reaffirms that certain tracking practices related to health monitoring or consumer data collection are permissible, thus providing a needed balance between security concerns and personal privacy rights. This law may significantly impact privacy rights enforcement and the methods through which individuals are monitored.

Summary

Senate Bill S827 proposes the establishment of certain offenses related to electronic tracking devices and applications. It makes it a fourth-degree crime for individuals to engage in unauthorized tracking activities that involve placing or installing electronic tracking devices or tracking applications with the intent to unlawfully monitor another person's location. This legislation aims to address modern concerns about privacy and unauthorized surveillance, making explicit the legal boundaries regarding the use of tracking technology.

Sentiment

The sentiment surrounding S827 appears to be cautious and supportive amongst legislators who prioritize individual privacy rights in an age of increasing technological invasions. However, there are also concerns from law enforcement and businesses regarding the constraints this bill might impose on legitimate tracking for safety and operational efficiency. Advocates for privacy rights view this bill as a critical step towards establishing boundaries in technology use, while opponents caution about its potential implications for local businesses and their operational needs.

Contention

One notable point of contention in discussions around S827 involves the definitions and legal repercussions associated with tracking activities. Critics argue that the language could create challenges in law enforcement and affect businesses that rely on tracking for maintaining service efficiency. Furthermore, the legislation complicates consent definitions, particularly in cases involving personal relationships or situations where consent might be revoked, such as during divorce proceedings or restraining order applications. The bill raises discussions about ethical use versus enforcement complexities regarding new tracking technologies.

Companion Bills

NJ A1549

Same As Makes it fourth degree crime to engage in certain tracking and location activities.

Previously Filed As

NJ A1549

Makes it fourth degree crime to engage in certain tracking and location activities.

NJ S549

Makes it a fourth degree crime to engage in certain tracking and location activities.

NJ A3591

Makes it fourth degree crime to engage in certain tracking and location activities.

NJ S588

Prohibits certain caller identification service manipulation; makes violation fourth degree crime.

NJ S3809

Prohibits certain caller identification service manipulation; makes violation fourth degree crime.

NJ S3557

Changes monetary threshold for certain fourth degree theft crimes.

NJ A5506

Prohibits certain caller identification service manipulation; makes violation fourth degree crime.

NJ S2846

Upgrades certain crimes related to manufacturing firearms from third degree to second degree.

NJ S363

Strengthens location confidentiality for certain crime victims.

NJ A1947

Strengthens location confidentiality for certain crime victims.

Similar Bills

TX HB3309

Relating to appointment of and performance of notarial acts by an electronic notary public; authorizing a fee and creating a criminal offense.

TX HB1217

Relating to appointment of and performance of notarial acts by an online notary public and online acknowledgment and proof of written instruments; authorizing a fee and creating a criminal offense.

NC S552

Modifications to Notary Public Act

CA AB1667

Electronic wills.

CA AB2961

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CA AB2283

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LA HB572

Provides for electronic notaries public and electronic notarial acts

CA SB666

Service of papers: electronic service by court.