Senate Judiciary Committee alters tracking device bill

RENO, Nev. (KOLO) - Pictures of a tracking device found on Mayor Hillary Shieve’s car were released late last year.

Discovered by her mechanic during a routine oil change, she is now suing the private investigator who installed the device, and attempting to find out who is behind it.

What residents may not know placing a tracking device on a private person’s vehicle without their permission is perfectly legal in Nevada.

That’s where Assembly Bill 356 comes in. The bill as written would criminalize such activity and would exempt law enforcement if they had a court order or warrant.

Believe it or not law enforcement said that portion of AB 356 would make their job tougher.

“I don’t see a reason for it,” testified Jennifer Noble with the District Attorneys Association. She testified in front of the Senate Judiciary Committee Friday afternoon. “We can easily keep the state of the law without holding police officers criminally liable when they do their best to assess an exception to the warrant requirement.”

But public defenders say their interpretation of AB 356 as written would give police more protections not less.

“This amendment as written significantly... weakens the fourth amendment,” said John Piro with Clark County’s Public Defenders Office.

That is not the intent of the bill say the sponsors.

In the end, all parties agreed to remove law enforcement from AB 356.

Sponsor Assemblywoman Jill Dickman says her intent all along was to protect the privacy of Nevadans. If the newly amended bill passes through the senate, it must go back to the Assembly for approval.

Dickman says she feels good about AB 356′s chances. One of the few bi-partisan pieces of legislation this session.

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