1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 10/25/2023 10:15am
A bill for an act
relating to public safety; authorizing the expanded use of tracking devices during
stolen vehicle investigations; amending Minnesota Statutes 2022, section 626A.35,
by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 626A.35, is amended by adding a subdivision
to read:
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(a) The prohibition under subdivision 1
does not apply to the use of a mobile tracking device on a stolen motor vehicle when:
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(1) the consent of the owner of the vehicle has been obtained; or
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(2) the owner of the motor vehicle has reported to law enforcement that the vehicle is
stolen, and the vehicle is occupied when the tracking device is installed.
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(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.
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(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.
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(d) Any tracking device evidence collected after the motor vehicle is returned to the
owner is inadmissible.
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(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.
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This section is effective the day following final enactment.
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