Committee reviews H.223: new stalking language, vehicle-tracking misdemeanor and a process for survivors to disable connected-vehicle accounts

The committee began consideration of H.223, a multi-part bill that would amend criminal stalking definitions, create a new offense for nonconsensual vehicle tracking, and add civil and administrative steps to help survivors of domestic violence, sexual assault, and stalking disconnect abusers from connected-vehicle services.

Michelle Childs (Office of Legislative Council) summarized the bill and explained that sponsors worked with legislative staff and stakeholder groups to draft language addressing modern vehicle telematics and tracking technologies.

Stalking definition and electronic surveillance

The draft amends the statutory definition of "course of conduct" for stalking to explicitly include the use of electronic, digital or GPS systems to surveil a specific person or to monitor a specific person—s internet or wireless activity "continuously for 2 hours or more or on 2 or more occasions" without the person—s consent. The draft also cross-references conduct defined in a separate new section (section 10-65 in the draft) so that certain tracking and connected-vehicle conduct can constitute a "course of conduct" for stalking purposes.

New criminal offense for vehicle tracking

H.223 would create a misdemeanor prohibiting knowingly installing, concealing, placing or using an electronic tracking device in or on a motor vehicle without the consent of the operator and all occupants when the purpose is to monitor or follow occupants. The bill includes several exceptions:

- Law enforcement acting during a criminal investigation (presumably pursuant to statutes and warrants). - A parent or legal guardian monitoring a vehicle solely to track a minor child, provided no protective order bars the parent. - Tracking to locate stolen vehicles or for theft-prevention purposes. - Dealer-installed starter-interrupt devices (e.g., for immobilization services) installed by dealers. - Businesses tracking vehicles they own or lease and are driven by employees. - Manufacturer-installed telematics or telematics provided to rental-car companies or insurers with the vehicle owner—s permission.

Penalty: the draft sets the offense as a misdemeanor punishable by up to one year, a fine up to $1,000, or both.

Civil remedies and vehicle possession in protection orders

The draft amends the abuse-prevention chapter to permit a petitioner in a relief-from-abuse (RFA) petition to request possession of a vehicle when possession is necessary to escape abuse or future abuse. A petitioner must show ownership, primary payment responsibility, primary possession or that the defendant restricted the petitioner—s access to the vehicle (examples discussed included removal of car seats).

Connected-vehicle service termination process for survivors

The bill creates a new subchapter that allows a survivor to request a "covered provider" terminate or disable connected-vehicle service accounts associated with an abuser. Key provisions:

- Evidence: the survivor may provide a temporary or final relief-from-abuse order, a law-enforcement affidavit showing probable cause for an abuse offense, or a notarized statement from a domestic-violence advocate confirming the survivor—s situation and that termination is necessary for safety. - Proof of possession: the survivor is asked to provide the vehicle VIN and evidence of legal possession or court orders awarding possession or exclusive use. - Provider response timeline: covered providers must confirm receipt and, within two days, notify the survivor what actions they took or whether additional documentation is necessary. Providers must not charge a fee, require the account holder—s approval, or raise rates as a precondition for executing a termination; they must treat the request and survivor data as confidential. - Technical infeasibility: providers are exempt if they cannot operationally perform the request, but must promptly notify the survivor and explain any remedy or alternative. - Liability protection: providers acting in compliance with the subchapter receive limited liability protection for their actions; rental cars are excluded from the subchapter.

Stakeholder process and next steps

Childs said sponsors had consulted model language (including an existing California law and model language from the automotive industry—s trade group) and expected additional testimony from industry and victim-advocate witnesses. Committee members asked clarifying questions about the phrase "indirectly" in the stalking definition and about the chosen thresholds (two hours or two occasions) for electronic surveillance; the sponsor—s office indicated the network and advocates proposed the time thresholds. The committee scheduled witness testimony after the floor session and plans additional technical work with transportation and industry stakeholders.

Ending

Committee staff asked members to return after the floor for witnesses; witnesses listed to appear included Anne, Charlie, Marshall and Tim and the committee indicated additional edits and stakeholder input were expected.