AssemblySession Bill(82nd) A AB356 322 Amendment No.

356–Assemblymen322 Dickman,Assembly LaAmendment Rueto Hatch,Assembly Anderson,Bill Hansen,No. Kasama;

Carter,356 D’Silva,(BDR Duran,15-1007) Gallant,Proposed Gray,by: Gurr, Hafen, Hardy, Koenig, McArthur, Mosca, O’Neill, Taylor, Watts, Yeager and Yurek Joint Sponsors:

SenatorsAssembly SeeversCommittee Gansert,on Goicoechea,Judiciary Titus,Amends: Hansen;

FloresSummary: and Neal CHAPTER..........

No Title:

No Preamble:

No Joint Sponsorship:

Yes Digest:

Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:

Matter in (1) blue bold italics is new language in the original bill;

(2) variations of green bold underlining is language proposed to be added in this amendment;

(3) red strikethrough is deleted language in the original bill;

(4) purple double strikethrough is language proposed to be deleted in this amendment;

(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.

MR/BAW - Date:

4/17/2023 A.B.

No.

356—Enacts provisions relating to mobile tracking devices.

(BDR 15-1007) Page 1 of 4 *A_AB356_322* Assembly Amendment No.

322 to Assembly Bill No.

356 Page 3 A SSEMBLY BILL NO.

356–ASSEMBLYMEN D ICKMAN , AR UE HATCH , NDERSON , HANSEN , KASAMA ;

ARTER , D’ILVA, DURAN, GALLANT , RAY , URR , AFEN , H ARDY , OENIG, MC ARTHUR , MOSCA, O’NEILL, AYLOR , WATTS, YEAGER,AND Y UREK M ARCH 20,2023 _______________ JOINTS PONSORS:

SENATORS SEEVERS GANSERT , OICOECHEA , ITUS, HANSEN;

FLORES AND N EAL _______________ Referred to Committee on Judiciary SUMMARY—Enacts provisions relating to mobile tracking devices.

(BDR 15-1007) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegTheLegislative UnitedCounsel’s StatesDigest: District Court for the District of Nevada has held that using a GPS tracking device to monitor the movements of a person implicates the tort of invasion of privacy because a person has a reasonable expectation of privacy with respect to his or her daily movements in a motor vehicle.

The United States District Court for the District of Nevada has held that using a GPS tracking device to monitor the movements of a person implicates the tort of invasion of privacy because a person has a reasonable expectation of privacy with respect to his or her daily movements in a motor vehicle.

3, 2018)) Existing law does not expressly prohibit a person from installing a tracking device on the motor vehicle of another person.

This bill expressly provides that a persone commits the crime of unlawful installation of a mobile tracking device if the person installs, conceals or otherwise places a mobile tracking device in or on the motor vehicle of another person without the knowledge and consent of an owner or lessor of the motor vehicle.vehicle, unless the person is a [:

This(1)] prohibition does not apply to a law enforcement agencyofficer vehiclewho ininstalls, accordanceconceals withor allotherwise applicableplaces requirementsa ofmobile thetracking Uniteddevice Statesonin or on a motor Constitution,vehicle thepursuant Nevadato Constitutiona andwarrant theor lawscourt oforder this. State.

This[; bill provides that a person who commits any such offense is guilty of:

(2) manufacturer of a motor vehicle;