A bill authored by State Sen. Michael Crider (R-Greenfield) that would address a need for protection and privacy from electronic tracking devices passed out of the Senate unanimously.

Senate Bill 161 would create penalties for those using a device to track an individual without their knowledge with the purpose to commit a crime. This includes placing a tracking device on one's person or property. There are exceptions to this legislation for individuals who place a tracking device on their own property, family members, law enforcement officers lawfully engaged in the officer's duties, someone who has a tracking device as a condition of parole or probation, and vehicle manufacturers.

The penalty will increase if the victim has a protective order against the person placing the tracking device and provides a sentence enhancement if someone uses a tracking device to commit or facilitate a felony. 

"This bill is trying to thread the needle between tracking a person with the intent of protecting them, such as a younger or older family member, and prosecuting those who use these tracking devices to inflict harm to the people they are tracking," said Crider. "There are many things to consider in a piece of legislation like this, and it is important that we consider every angle in order to help protect the people of Indiana, as well as those trying to keep their loved ones safe."

The need for this bill was brought to the attention of legislators by a constituent who was brutally attacked by an ex-boyfriend. He had tracked her via one of these devices and violated a protective order as she attempted to flee and relocate to a safe area. This is a real-life example of the situations this bill tries to penalize and address. SB 161 would allow victims of this kind of crime to have a course of action to prosecute bad actors who intend to use tracking devices to commit a criminal act.

The concepts in SB 161 were offered by multiple senators who worked together to come up with the current version of the bill. SB 161 is a combination of these ideas, and discussions will continue in order to keep improving the legislation.

SB 161 will now be considered by the House of Representatives.