Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Makes employer use of tracking device in vehicle operated by employee crime of fourth degree in certain situations.
CURRENT VERSION OF TEXT
An Act prohibiting certain employer use of tracking devices and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
"Electronic communications device" means any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device.
"Employer" means an employer or employer's agent, representative, or designee. The term "employer" does not include the Department of Corrections, State Parole Board, county corrections departments, or any State or local law enforcement agency.
"Tracking device" means an electronic or mechanical device which permits the tracking of the movement of a vehicle, person, or device.
b. It shall be a crime of the fourth degree for an employer to make use of a tracking device or electronic communications device in a vehicle used by an employee that is not provided by the employer, or, in the case of a vehicle provided by an employer for an employee’s use, to make use of a tracking device or electronic communications device without obtaining the written consent of the employee.
2. This act shall take effect on the 90th day next following the date of enactment.
This bill requires an employer to obtain an employee’s consent before using a tracking device or electronic communications device on a vehicle used by the employee that is provided by the employer. Additionally, the bill prohibits the use of a tracking device or electronic communications device on a vehicle used by an employee that is not provided by the employer.
This bill provides that use of a tracking device in an employee’s vehicle, or use of a tracking device in a vehicle provided by an employer without obtaining the written consent of the employee, is a crime of the fourth degree. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months or a fine of up to $10,000, or both.