SF 2318

Introduction - 94th Legislature (2025 - 2026)

Posted on 06/05/2025 09:55 a.m.

A bill for an act
relating to public safety; eliminating the requirement that a vehicle be unoccupied
when law enforcement attach a tracking device; authorizing the expanded use of
tracking devices for fleeing motor vehicles; amending Minnesota Statutes 2024,
section 626A.35, subdivision 2b, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 626A.35, subdivision 2b, is amended to read:

Subd. 2b.

Exception; stolen motor vehicles.

(a) The prohibition under subdivision 1
does not apply to the use of a mobile tracking device on a stolen motor vehicle when:

(1) the consent of the owner of the vehicle has been obtained; or

(2) the owner of the motor vehicle has reported to law enforcement that the vehicle is
stolen deleted text begin , and the vehicle is occupied when the tracking device is installed deleted text end .

(b) Within 24 hours of a tracking device being attached to a vehicle pursuant to the
authority granted in paragraph (a), clause (2), an officer employed by the agency that attached
the tracking device to the vehicle must remove the device, disable the device, or obtain a
search warrant granting approval to continue to use the device in the investigation.

(c) A peace officer employed by the agency that attached a tracking device to a stolen
motor vehicle must remove the tracking device if the vehicle is recovered and returned to
the owner.

(d) Any tracking device evidence collected after the motor vehicle is returned to the
owner is inadmissible.

(e) By August 1, 2024, and each year thereafter, the chief law enforcement officer of an
agency that obtains a search warrant under paragraph (b), must provide notice to the
superintendent of the Bureau of Criminal Apprehension of the number of search warrants
the agency obtained under this subdivision in the preceding 12 months. The superintendent
must provide a summary of the data received pursuant to this paragraph in the bureau's
biennial report to the legislature required under section 299C.18.

Sec. 2.

Minnesota Statutes 2024, section 626A.35, is amended by adding a subdivision to
read:

new text begin Subd. 2c. new text end

new text begin Exception; fleeing motor vehicles. new text end

new text begin The prohibition under subdivision 1 does
not apply to the use of a mobile tracking device on a fleeing motor vehicle. For purposes
of this subdivision, "flee" has the meaning given in section 609.487, subdivision 1.
new text end