Missouri lawmakers advance proposals to criminalize unlawful vehicle tracking with exceptions for lenders and permitted uses

A group of legislators presented three related bills to create an offense for placing a tracking device on a motor vehicle without the owner’s consent and to carve out a set of specific exceptions.

"What this bill does is it establishes an offense for unlawful tracking of a motor vehicle without the the owner's consent," Representative Kemp Strickler said, emphasizing that the bills are intended to criminalize surreptitious tracking while preserving legitimate uses. Sponsors said the bills include numerous exceptions — law enforcement with a warrant, tracking of a minor child, tracking goods (for example, freight or pallets), lienholders or repossession agents, authorized representatives of vulnerable adults, rental-car companies and manufacturers; the sponsors also noted openness to an express exception for insurers offering voluntary usage-based programs.

Representative Bill Irwin and Representative Cecilie Williams joined the presentation. Williams described a technical difference among the bills: her version would make clear that every owner of a vehicle must consent to a device attached to that vehicle, to prevent a co-owner from permitting tracking without another owner’s knowledge. "If my husband and I own a vehicle and he's wanting to track me and I'm not wanting to be tracked, then that's also a violation," Williams said.

Sponsors and witnesses cited high-profile cases and law-enforcement support. Representative Irwin recounted law-enforcement investigations in which alleged stalkers were located with tracking evidence and urged the committee to act to protect victims. The sponsors recommended a misdemeanor-level penalty initially; several speakers, including Representative Riggs and state public advocate Arnie C. ACDINOFF, urged considering stiffer penalties. ACDINOFF recommended elevating first-offense penalties to a Class A misdemeanor and adding greater penalties for repeat offenders.

Brandon Koch of the Missouri Insurance Coalition testified for information only and asked the committee to protect voluntary usage-based insurance programs, which require the insured's voluntary enrollment and data-sharing consent.

Law-enforcement representatives in sponsors' outreach (including chiefs from Lee's Summit and Cass County) expressed support for a tool to address stalking and targeted violence, and sponsors said they are open to technical amendments to balance privacy, repossession and legitimate commercial uses.

No committee vote was recorded on the bills during the hearing in the portion of the transcript provided.