AB690: Bill Text

LRB-2918/2

PJH&CMH:kjf:ph

2011 - 2012 LEGISLATURE

2011 Assembly BILL 690

March 12, 2012 - Introduced by Representatives Kramer and Kessler, cosponsored by Senator Zipperer. Referred to Committee on Criminal Justice and Corrections.

AB690,1,2 An Act to create 940.315 of the statutes; relating to: unlawful use of a global positioning device and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill makes it unlawful to place a global positioning device on another person's vehicle without that person's knowledge and consent or to intentionally obtain information regarding another person's movement or location generated by a global positioning device without that person's knowledge or consent. The bill also makes it unlawful for a person to place a global positioning device on a vehicle used primarily by his or her spouse after a petition for an annulment, divorce, or legal separation has been filed without that person's knowledge and consent. A person who does any of these acts is guilty of a Class A misdemeanor and is subject to a fine not to exceed $10,000, imprisonment not to exceed nine months, or both.

The provisions of the bill do not apply to a person who installs a factory-installed, subscription-based communication and navigation system, to a law enforcement officer acting in his or her official capacity, or to an employer who is tracking the movement or location of a commercial vehicle owned, leased, or assigned for use by the employer during business hours.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB690, s. 1 Section 1. 940.315 of the statutes is created to read:

AB690,2,12 940.315 Global positioning devices. (1) Except as provided in sub. (2), whoever places a global positioning device on a vehicle owned or used by another person without that person's knowledge and consent or intentionally obtains information regarding another person's movement or location generated by a global positioning device without that person's knowledge or consent is guilty of a Class A misdemeanor. This subsection does not apply to a person, acting within the scope of his or her employment, who installs a factory-installed, subscription-based communication and navigation system, to a law enforcement officer acting in his or her official capacity, or to an employer, as defined in s. 343.245 (1) (b), acting to track the movement or location of a commercial motor vehicle owned, leased, or assigned for use by the employer during business hours.

AB690,3,2 (2) Whoever places a global positioning device on a vehicle used primarily by his or her spouse after a petition for an annulment, divorce, or legal separation has been filed without that person's knowledge and consent is guilty of a Class A misdemeanor. This subsection does not apply to a person, acting within the scope of his or her employment, who installs a factory-installed, subscription-based communication and navigation system, to a law enforcement officer acting in his or her official capacity, or to an employer, as defined in s. 323.245 (1) (b), acting to track the movement or location of a commercial vehicle owned, leased, or assigned for use by the employer during business hours.

AB690,3,3 (End)