HF 1744

1st Engrossment - 94th Legislature (2025 - 2026) Posted on 04/01/2025 12:56pm

A bill for an act
relating to public safety; authorizing 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 new text begin and the stolen
vehicle is not on private property new text end .

(b) Within deleted text begin 24 deleted text end new text begin 12 new text end 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) new text begin When a peace officer attaches a tracking device to a stolen vehicle pursuant to
paragraph (a), clause (2), the peace officer must prepare a report that includes the evidence
relied upon to establish the vehicle was reported stolen, the date and time the device was
attached to the vehicle, the method used to attach the device to the vehicle, the duration for
which the tracking device was attached to the vehicle, and an explanation of how the device
impacted the outcome of the investigation. Reports created under this paragraph must be
retained as part of the criminal investigation file.
new text end

new text begin (f) new text end 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 (a) The prohibition under subdivision 1
does not apply to the use of a mobile tracking device on a fleeing motor vehicle.
new text end

new text begin (b) If a mobile tracking device is attached to a vehicle pursuant to the authority granted
in paragraph (a) and the vehicle is not in the custody of law enforcement within 12 hours
of the mobile tracking device being attached to the vehicle, 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.
new text end

new text begin (c) A peace officer employed by the agency that attached a tracking device to a fleeing
motor vehicle must remove the tracking device if the vehicle is recovered, determined to
be stolen, and returned to the owner. Any tracking device evidence collected after the motor
vehicle is returned to the owner is inadmissible.
new text end

new text begin (d) When a peace officer attaches a tracking device to a fleeing vehicle pursuant to
paragraph (a), the peace officer must prepare a report that includes the evidence relied upon
to establish the vehicle was fleeing, the date and time the device was attached to the vehicle,
the method used to attach the device to the vehicle, the duration for which the tracking
device was attached to the vehicle, and an explanation of how the device impacted the
outcome of the investigation. Reports created under this paragraph must be retained as part
of the criminal investigation file.
new text end

new text begin (e) By August 1, 2026, 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.
new text end

new text begin (f) For purposes of this subdivision, "flee" has the meaning given in section 609.487,
subdivision 1.
new text end