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Ohio lawmakers pass anti-tracking bill to combat stalking

Senate Bill 100 makes it illegal to put a tracking device or tracking app on another person's property without their consent.

COLUMBUS, Ohio — The Lutheran Social Services CHOICES emergency domestic violence shelter in Franklin County helped 975 survivors last year. Executive Director Maria Houston-Beck says misuse of technology for stalking has become so prevalent it is one of the first things they check for when a survivor comes to them for help. 

"We ask them to turn off their location on their phone if that has been enabled," Houston Beck said. "We check and see if there's a location on their kids."

The statewide Ohio Domestic Violence Network says more than 80% of the advocates in their member programs have worked with clients who have been stalked by a tracking app or tracking device. 

"So, we know our programs are seeing it, but that we're not being able to hold offenders accountable for what they're doing," ODVN Senior Director for Policy and Prevention Lisa DeGeeter LISA DeGeeter said.

A bill recently passed by both the Ohio House and Senate could change that. 

Senate Bill 100 makes it illegal to put a tracking device, such as an air tag, or tracking app on another person's property without their consent.

"We have stalking laws right now, but you have to show a pattern of behavior," said Senate Minority Leader Nickie Antonio (D- Lakewood) who co-sponsored the bill. "So, with this bill, and once this is in our code, your first offense is breaking the law."

That first offense would be a first-degree misdemeanor with a maximum sentence of six months in jail.

Advocates say the bill will also make it easier for police to make arrests and for prosecutors to prosecute stalking cases. 

"If you can take the tracker into evidence, you actually have something to point to to prove that it occurred," Lisa DeGeeter with Ohio Domestic Violence Network said.  

They also say it could save lives. 

"When survivors choose to leave, that is the most dangerous time for them," Houston-Beck said. "We see, certainly, an increase in violence." 

"Sometimes by the time a victim knows they're a victim of stalking, sadly it could be too late, violence occurs," Antonio said.

The bill exempts law enforcement officers, bail bondspeople and private investigators as long as they are using the tracking devices lawfully. It also exempts parents who are married and not separated and those with sole custody of a child, among other examples.     

The State Senate passed the bill last Wednesday. Gov. Mike DeWine has 10 days from then to sign it into law or veto it. 

A spokesman said Tuesday the governor had not yet acted on the bill. If he signs it, Senate Bill 100 will take effect 90 days later. 

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