34 USC 12623 - Standards and best practices for use of non-invasive and non-permanent tracking devices

Editorial Notes

References in Text

This Act, referred to in text, means div. Q of Puspan. L. 115–141, Mar. 23, 2018, 132 Stat. 1115, known as Kevin and Avonte’s Law of 2018. For complete classification of div. Q to the Code, see section 1 of div. Q of Puspan. L. 115–141, set out as a Short Title of 2018 Amendment note under section 10101 of this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (a)(2)(B)(iv), is Puspan. L. 88–352, July 2, 1964, 78 Stat. 241. Title VII of the Act is classified generally to subchapter VI (§ 2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

Codification

Section was enacted as part of Kevin and Avonte’s Law of 2018, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.

Statutory Notes and Related Subsidiaries

Definitions

Puspan. L. 115–141, div. Q, title III, § 301, Mar. 23, 2018, 132 Stat. 1120, provided that: “In this title [enacting this section]:

“(1)Child.—The term ‘child’ means an individual who is less than 18 years of age.

“(2)Indian tribe.—The term ‘Indian tribe’ has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).

“(3)Law enforcement agency.—The term ‘law enforcement agency’ means an agency of a State, unit of local government, or Indian tribe that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.

“(4)Non-invasive and non-permanent.—The term ‘non-invasive and non-permanent’ means, with regard to any technology or device, that the procedure to install the technology or device does not create an external or internal marker or implant a device, such as a microchip, or other trackable items.

“(5)State.—The term ‘State’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.

“(6)Unit of local government.—The term ‘unit of local government’ means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level.”