Legislation that would make it a crime to secretly track another person using electronic tracking devices or mobile phone applications advanced in the New Jersey Legislature on Monday after receiving approval from the Assembly Appropriations Committee.

The bill would establish a fourth-degree criminal offense for knowingly installing, placing, or causing the installation of an electronic tracking device or tracking application to determine another person’s location when done to initiate or facilitate an unlawful act.

Under New Jersey law, a fourth-degree crime is generally punishable by up to 18 months in prison, a fine of up to $10,000, or both.

Supporters say the measure is intended to address growing concerns over the misuse of technologies such as GPS tracking devices and smartphone applications that can be used to monitor a person’s movements without their knowledge or consent.

The legislation defines an electronic tracking device as any device designed or intended to track the location or movement of a person through the transmission of electronic signals. A tracking application is defined as software installed on a computer or mobile device that is used to secretly track movements or determine a device’s location and transmit that information to another person.

The legislation includes several exceptions. Tracking would remain lawful when conducted by a parent or guardian monitoring a minor child, by caregivers monitoring individuals with physical or mental health conditions that place them at risk, or by individuals tracking personal property during lawful business transactions.

The measure also permits businesses to collect consumer location data as part of lawful business practices, provided the collection is disclosed through a privacy policy, terms of use agreement, or similar notice.

Employers would be permitted to track employees or company vehicles during the course of employment when allowed under state or federal law. The bill specifies that violations of existing employee notification requirements related to workplace tracking would remain subject to the penalties established under those laws rather than the new criminal offense.

In addition, tracking would be lawful when a person has provided consent. The bill requires written consent for the use of an electronic tracking device and affirmative opt-in consent for the use of a tracking application.

State and local government entities, along with equipment they own, lease, or operate, would be exempt from the bill’s criminal provisions.

The bill was previously released by the Assembly Judiciary Committee and now moves to the full Assembly.