HB153 Alabama 2023 Session

Summary

Primary Sponsor

Allen TreadawayRepresentative

Republican

Session

Regular Session 2023

Title

Relating to crimes and offenses; to amend Sections 13A-6-92 and 30-3-130, Code of Alabama 1975, to define the term electronic tracking device; to add Sections 13A-6-95 and 13A-6-96 to the Code of Alabama 1975, to prohibit a person from placing certain devices on the property of another person; to prohibit a person from placing certain devices on the property of another in violation of an established court order; to provide for penalties; to make nonsubstantive, technical revisions to update the existing code language to current style; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Summary

HB153 would criminalize placing electronic tracking devices on someone else’s property without consent and adds new electronic stalking offenses with penalties.

What This Bill Does

It defines electronic tracking device and updates related terms used in stalking laws. It creates two new crimes: electronic stalking in the first degree (placing a device on another person’s property to surveil, stalk, or harass) and electronic stalking in the second degree (placing a device without consent). Penalties are Class C felony for first-degree stalking, Class B felony if the conduct violates a protective or court order, and Class A misdemeanor for second-degree stalking. It sets where crimes are considered to have occurred, requires the statute of limitations to start at discovery, notes nonsubstantive technical updates, and includes a local-funding exemption; it becomes effective the first day of the third month after passage.

Who It Affects

• People who place electronic tracking devices on another person’s property without consent (criminal offenders).
• Property owners whose property could be tracked and who want protection from stalking or harassment via devices.
• Domestic violence or other individuals protected by protective or court orders, since violations are treated as more serious offenses.

Key Provisions

• Defines 'electronic tracking device' as any electronic or mechanical device that permits tracking of movement of a person or object, and updates related terms (e.g., 'owner', 'credible threat', 'harasses').
• Amends Section 13A-6-92 and 30-3-130 to incorporate the new definitions and terms into stalking-related offenses.
• Adds 13A-6-95: electronic stalking in the first degree—placing a tracking device on another person’s property without consent with intent to surveil, stalk, or harass; penalties are Class C felony, rising to Class B felony if it violates an existing protective or court order.
• Adds 13A-6-96: electronic stalking in the second degree—placing a tracking device on property without consent; penalty is Class A misdemeanor; includes the same multi-county venue considerations and discovery-based statute of limitations as the first degree.
• Provisions regarding local funds: the bill is exempt from local-funding requirements under Section 111.05 because it defines a new crime or amends an existing one; includes nonsubstantive technical revisions and an effective date of the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.