74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3937
 
                         House Bill 3570
 
Sponsored by Representative NELSON; Representatives BEYER, BOONE,
  BOQUIST, BRUUN, CAMERON, CLEM, DINGFELDER, D EDWARDS, FLORES,
  GALIZIO, GARRARD, HOLVEY, JENSON, KRIEGER, KRUMMEL, LIM,
  MAURER, MINNIS, MORGAN, NATHANSON, ROBLAN, SCHAUFLER, G SMITH,
  P SMITH, WHISNANT, WITT, Senators ATKINSON, G GEORGE, GORDLY,
  MONROE, MORRISETTE, WINTERS (at the request of J. Graigory for
  'Dalton's Law')
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires motor vehicle locator service provider to furnish
information about location of motor vehicle to law enforcement
agency upon request. Authorizes the imposition of civil penalty
not to exceed $1,000 for failure to provide requested
information.
 
                        A BILL FOR AN ACT
Relating to motor vehicle locator service.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Law enforcement agency' means:
  (A) A city or municipal police department;
  (B) A county sheriff's office; or
  (C) The Oregon State Police.
  (b) 'Motor vehicle locator service' means the transmission of
data or signals to or from systems or devices in a motor vehicle
for the purpose of locating the motor vehicle.
  (c) 'Motor vehicle locator service provider' means an entity
that provides motor vehicle locator service to owners of motor
vehicles equipped with motor vehicle locator service technology.
  (2) A law enforcement agency may request that a motor vehicle
locator service provider provide the location of a motor vehicle
if:
  (a) A search warrant has been issued authorizing the tracking
of the motor vehicle;
  (b) The owner of the motor vehicle consents to the request;
  (c) The law enforcement agency has reasonable grounds to
believe that a life-threatening emergency exists and that
locating the vehicle is necessary to:
  (A) Prevent serious harm to any person;
  (B) Render aid to injured or ill persons; or
  (C) Locate missing persons; or
  (d) The law enforcement agency has probable cause to believe:
  (A) A crime has been, is being or is about to be committed;
 
  (B) The location of the motor vehicle is evidence of or
information concerning the commission of the offense; and
  (C) At the time of the request, the circumstances are of such
exigency that it would be unreasonable to obtain a warrant.
  (3) Nothing in this section limits the authority of a peace
officer that is inherent in the office or that is granted by any
other provision of law.
  (4) A motor vehicle locator service provider shall provide the
location of a motor vehicle upon the request of a law enforcement
agency as provided in subsection (2) of this section. + }
  SECTION 2.  { + (1) The Attorney General may impose a civil
penalty against a motor vehicle locator service provider that
fails to provide information requested under section 1 of this
2007 Act.
  (2) The civil penalty may not exceed $1,000 for each violation.
  (3) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
  (4) All penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund. + }
  SECTION 3.  { + A motor vehicle locator service provider may
not be subject to civil liability as a result of providing the
location of a motor vehicle to a law enforcement agency in
accordance with section 1 of this 2007 Act. + }
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