CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 733

Introduced by Assembly Member Mike Fong
(Principal coauthor: Assembly Member Hart)

February 13, 2023

An act to amend Section 637.7 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 733, as introduced, Mike Fong. Invasion of privacy.
Existing law prohibits a person or entity from using an electronic tracking device, as defined, to determine the location or movement of a person, except for the lawful use of a tracking device by a law enforcement agency.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 637.7 of the Penal Code is amended to read:

637.7.
 (a) No A person or entity in this state shall not use an electronic tracking device to determine the location or movement of a person.
(b) This section shall does not apply when if the registered owner, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle.
(c) This section shall does not apply to the lawful use of an electronic tracking device by a law enforcement agency.
(d) As used in this section, “electronic tracking device” means any a device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals.
(e) A violation of this section is a misdemeanor.
(f) A violation of this section by a person, business, firm, company, association, partnership, or corporation licensed under Division 3 (commencing with Section 5000) of the Business and Professions Code shall constitute grounds for revocation of the license issued to that person, business, firm, company, association, partnership, or corporation, pursuant to the provisions that provide for the revocation of the license as set forth in Division 3 (commencing with Section 5000) of the Business and Professions Code.