Using GPS to Track Batterers—Tennessee S.B. 1972 and H.B. 2692
Case Summary
Almost three years ago, Debbie Sisco and Marie Varsos were murdered. Marie's husband Shaun Varsos, who had threatened her family and friends, hunted them down, shot and killed them. Marie was a tragic victim of domestic violence, and her sister died trying to protect her.
My sister had the cards stacked in her favor to protect her. She contacted the police. She received a restraining order. She followed up with local enforcement for updates. She was surrounded by family, who advocated for her and provided a safe haven. She kept disturbing messages from her husband as proof that his behavior was a threat to her life.
She even secured a firearm, which she ultimately used against him the morning of her death. However, she still ended up as a casualty of domestic violence. If Marie had these advantages, how great is the risk for other women who lack similar support, resources and advocates?
My sister had the cards stacked in her favor to protect her. She contacted the police. She received a restraining order. She followed up with local enforcement for updates. She was surrounded by family, who advocated for her and provided a safe haven. She kept disturbing messages from her husband as proof that his behavior was a threat to her life.
She even secured a firearm, which she ultimately used against him the morning of her death. However, she still ended up as a casualty of domestic violence. If Marie had these advantages, how great is the risk for other women who lack similar support, resources and advocates?
In Tennessee, the National Coalition Against Domestic Violence estimates nearly 40% of women in the state will experience some form of domestic violence in their lifetimes. A contributing factor are several loopholes.
A Tennessee judge can authorize electronic monitoring to track a DV offender’s whereabouts but that condition was never imposed on Marie’s husband as part of his release. In fact, when pressed, a local district attorney’s office couldn’t name a single DV case where monitoring was used. Gaps like this can expose women to be more vulnerable and more likely to become fatalities.
GPS monitoring should be a condition of bail for any offender who strangulates, uses a deadly weapon on a victim or is deemed dangerous. Enabling this technology brings victim protection into the 21st century and can save lives. If Marie had had access to this technology to alert her, it could've increased her chances of survival.
If passed, it may encourage other states to follow Tennessee’s lead to pass a similar law. No one should have to experience what I’ve gone through. While it shouldn’t take a tragedy to inspire transformation, I’m hopeful my personal loss will save the lives of others.
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| (L-R) Marie Varsos, Deborah Sisco and Shaun Varsos |
REQUIREMENT OF GLOBAL POSITIONING MONITORING DEVICE
This Bill amends TCA Title 39; Title 40, Chapter 11 and Title 55, Chapter 10.
Present law provides that if the court or magistrate finds probable cause to believe that one or more of the circumstances in present law did occur, unless the court or magistrate finds the offender no longer poses a threat to the alleged victim or public safety prior to the offender's release on bond, the court or magistrate must issue a no contact order containing all of the bond conditions set out in present law that are applicable to the protection of the domestic abuse victim.
This bill adds that prior to the offender's release on bond, the court or magistrate must order the defendant to wear a global positioning monitoring system device as set forth in this bill. "Global positioning monitoring system" is defined in this bill as a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology; and does not include a system that contains or operates global positioning system technology, radio frequency identification technology, or any other similar technology that is implanted in or otherwise invades or violates the individual's body.
CONDITIONS OF BAIL
Present law provides that before releasing a person arrested for or charged with an offense specified in present law, or a violation of an order of protection, the magistrate must make findings on the record, if possible, concerning the determination made in accordance with present law and must impose one or more conditions of release or bail on the defendant to protect the alleged victim of any such offense and to ensure the appearance of the defendant at a subsequent court proceeding.
This bill amends the above provision to provide, instead, that the court or magistrate may order a defendant who is arrested for the offense of stalking, aggravated stalking, or especially aggravated stalking, any criminal offense against a person, in which the alleged victim of the offense is a domestic abuse victim, sexual assault victim, or stalking victim, or is in violation of an order of protection as authorized by to do the following as a condition of bail:
(1) Wear a global positioning monitoring system device and, except as provided in present law, pay the costs associated with operating that system in relation to the defendant; and
(2) If the alleged victim of the offense consents after receiving a copy of the conditions of release and, except as provided in present law, pay the costs associated with providing the victim with a cellular device application or an electronic receptor device that (i) is capable of receiving the global positioning monitoring system information from the device worn by the defendant; (ii) notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near; and (iii) notifies the victim if the defendant is within a prescribed proximity of the victim's cellular device or electronic receptor device.
Additionally, this bill provides that if the court or magistrate finds probable cause to believe that one or more of the circumstances in present law did occur, then unless the court or magistrate finds the offender no longer poses a threat to the alleged victim or public safety and makes such a finding in a written order, the court or magistrate must order a defendant who is charged with the offense of aggravated assault in which the alleged victim of the offense is a domestic abuse victim, to do the following in (1) and (2) above as a condition of bail.
RELEASED WITHOUT GLOBAL POSITIONING MONITORING SYSTEM DEVICE
This bill provides that if a defendant is released without a global positioning monitoring system device, then the court or magistrate must make reasonable efforts to directly contact the victim and notify the victim that the offender will be released without a global positioning monitoring system device and the victim will not be provided with access to notifications of the offender's proximity.
IMMUNE FROM CIVIL OR CRIMINAL LIABILITY
This bill provides that if a victim voluntarily chooses not to utilize a cellular device application that supports offender proximity monitoring or is noncompliant with correct usage of the application, then the special duty exception to the public duty doctrine does not apply, and the qualified contract service provider and the manufacturer of the global positioning monitoring system device are immune from civil or criminal liability resulting from the victim's choice or noncompliance.
As used in this bill, a "qualified contract service provider" means a private or public entity that meets the certain listed qualifications under present law; has a written agreement with the issuing court that designates specific persons to receive notifications and alerts; and maintains a monitoring center that is staffed 24 hours a day, seven days a week and capable of immediately notifying the law enforcement employee designee and the appropriate emergency communications dispatch center of violations by text message or electronic mail.
NOTIFICATION OF VIOLATION
Present law requires that the magistrate that imposes a condition described under present law to order the entity that operates the global positioning monitoring system to notify the magistrate and the appropriate local law enforcement agency if a defendant violates a condition of bond imposed under present law.
This bill amends the above provision to require, instead, that the magistrate imposes a condition described under present law to order the entity that operates the global positioning monitoring system to notify the law enforcement employee designated in present law and the appropriate emergency communications dispatch center if a defendant violates a condition of bond imposed under this present law.
CONTRACT SERVICE PROVIDER - REQUIREMENT
This bill requires each county or municipality in which the court ordering the monitoring is located to enter into a written agreement with a qualified contract service provider.
CONTRACT SERVICE PROVIDER - NOT CIVILLY OR CRIMINALLY LIABLE
This bill provides that a qualified contract service provider and the manufacturer of the global positioning monitoring system device are not civilly or criminally liable for injuries or damages resulting from actions of the defendant when the actions of those entities and the entities' employees are in accordance with present law and done in good faith and without gross negligence or malice.
National Domestic Violence Hotline: 1(800)799-7233
The National Sexual Assault Hotline: 1-800-656-HOPE (4673)
Senate Enrolled Act 161, signed by Governor Eric Holcomb, makes it a Class A Misdemeanor to use a tracking device on someone without their consent
The law does not prohibit court-ordered tracking, the tracking of personal or business property or a parent or guardian tracking a minor child. Known as "Millie's Law," it was inspired by the story of Millie Parke, a Hancock County woman who was attacked by her ex-boyfriend after he tracked her location using a GPS tracking device.
This builds on the success of Sadiq's GPS domestic abuse pilot - the first of its kind in the UK - which has tagged 600 high-risk individuals released from prison. An analysis of this pilot last year (May 2023) showed that GPS tracking data is demonstrating clear benefits in terms of improved risk management, victim protection and quicker and more effective enforcement of license conditions when these are broken. To date, GPS tagging has been the significant factor in 204 domestic abuse perpetrators being recalled back to prison for breaking license conditions.
History of Similar Laws
Connecticut
Present law provides that if the court or magistrate finds probable cause to believe that one or more of the circumstances in present law did occur, unless the court or magistrate finds the offender no longer poses a threat to the alleged victim or public safety prior to the offender's release on bond, the court or magistrate must issue a no contact order containing all of the bond conditions set out in present law that are applicable to the protection of the domestic abuse victim.
This bill adds that prior to the offender's release on bond, the court or magistrate must order the defendant to wear a global positioning monitoring system device as set forth in this bill. "Global positioning monitoring system" is defined in this bill as a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology; and does not include a system that contains or operates global positioning system technology, radio frequency identification technology, or any other similar technology that is implanted in or otherwise invades or violates the individual's body.
CONDITIONS OF BAIL
Present law provides that before releasing a person arrested for or charged with an offense specified in present law, or a violation of an order of protection, the magistrate must make findings on the record, if possible, concerning the determination made in accordance with present law and must impose one or more conditions of release or bail on the defendant to protect the alleged victim of any such offense and to ensure the appearance of the defendant at a subsequent court proceeding.
This bill amends the above provision to provide, instead, that the court or magistrate may order a defendant who is arrested for the offense of stalking, aggravated stalking, or especially aggravated stalking, any criminal offense against a person, in which the alleged victim of the offense is a domestic abuse victim, sexual assault victim, or stalking victim, or is in violation of an order of protection as authorized by to do the following as a condition of bail:
(1) Wear a global positioning monitoring system device and, except as provided in present law, pay the costs associated with operating that system in relation to the defendant; and
(2) If the alleged victim of the offense consents after receiving a copy of the conditions of release and, except as provided in present law, pay the costs associated with providing the victim with a cellular device application or an electronic receptor device that (i) is capable of receiving the global positioning monitoring system information from the device worn by the defendant; (ii) notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near; and (iii) notifies the victim if the defendant is within a prescribed proximity of the victim's cellular device or electronic receptor device.
Additionally, this bill provides that if the court or magistrate finds probable cause to believe that one or more of the circumstances in present law did occur, then unless the court or magistrate finds the offender no longer poses a threat to the alleged victim or public safety and makes such a finding in a written order, the court or magistrate must order a defendant who is charged with the offense of aggravated assault in which the alleged victim of the offense is a domestic abuse victim, to do the following in (1) and (2) above as a condition of bail.
RELEASED WITHOUT GLOBAL POSITIONING MONITORING SYSTEM DEVICE
This bill provides that if a defendant is released without a global positioning monitoring system device, then the court or magistrate must make reasonable efforts to directly contact the victim and notify the victim that the offender will be released without a global positioning monitoring system device and the victim will not be provided with access to notifications of the offender's proximity.
IMMUNE FROM CIVIL OR CRIMINAL LIABILITY
This bill provides that if a victim voluntarily chooses not to utilize a cellular device application that supports offender proximity monitoring or is noncompliant with correct usage of the application, then the special duty exception to the public duty doctrine does not apply, and the qualified contract service provider and the manufacturer of the global positioning monitoring system device are immune from civil or criminal liability resulting from the victim's choice or noncompliance.
As used in this bill, a "qualified contract service provider" means a private or public entity that meets the certain listed qualifications under present law; has a written agreement with the issuing court that designates specific persons to receive notifications and alerts; and maintains a monitoring center that is staffed 24 hours a day, seven days a week and capable of immediately notifying the law enforcement employee designee and the appropriate emergency communications dispatch center of violations by text message or electronic mail.
NOTIFICATION OF VIOLATION
Present law requires that the magistrate that imposes a condition described under present law to order the entity that operates the global positioning monitoring system to notify the magistrate and the appropriate local law enforcement agency if a defendant violates a condition of bond imposed under present law.
This bill amends the above provision to require, instead, that the magistrate imposes a condition described under present law to order the entity that operates the global positioning monitoring system to notify the law enforcement employee designated in present law and the appropriate emergency communications dispatch center if a defendant violates a condition of bond imposed under this present law.
CONTRACT SERVICE PROVIDER - REQUIREMENT
This bill requires each county or municipality in which the court ordering the monitoring is located to enter into a written agreement with a qualified contract service provider.
CONTRACT SERVICE PROVIDER - NOT CIVILLY OR CRIMINALLY LIABLE
This bill provides that a qualified contract service provider and the manufacturer of the global positioning monitoring system device are not civilly or criminally liable for injuries or damages resulting from actions of the defendant when the actions of those entities and the entities' employees are in accordance with present law and done in good faith and without gross negligence or malice.
Resources
Victim Connect: 1-855-4VICTIM (1-855-484-2846)
National Domestic Violence Hotline: 1(800)799-7233
The National Sexual Assault Hotline: 1-800-656-HOPE (4673)
Additional information and resources are available through the Stalking Prevention Awareness, and Resource Center (SPARC), at www.StalkingAwareness.org.
Anti-Stalking Laws Involving GPS Tracking
Indiana
For domestic violence victims, GPS tracking devices on the victims car are used to track their movements. A law, authored by State Sens. Michael Crider, R- Greenfield, Michael Young, R-Indianapolis, and Ed Carbonneau, R-Valparaiso, makes it a Class A misdemeanor to secretly track people. That is elevated to a Level 6 felony if the person being charged has a history of domestic violence, stalking, or invasion of privacy, or if the person accused tracked someone who is under a protective order.
Senate Enrolled Act 161, signed by Governor Eric Holcomb, makes it a Class A Misdemeanor to use a tracking device on someone without their consent
The law does not prohibit court-ordered tracking, the tracking of personal or business property or a parent or guardian tracking a minor child. Known as "Millie's Law," it was inspired by the story of Millie Parke, a Hancock County woman who was attacked by her ex-boyfriend after he tracked her location using a GPS tracking device.
Ohio
Section 2903.211 | Menacing by stalkingSimilar Initiatives In the United States
Oklahoma
Senate Bill 1710 would provide courts the ability to require violators of protective orders to use a GPS monitoring device, and if an individual violates a protective order multiple times, the bill empowers courts to detain violators in jail without bond until trial. Under the bill, courts can also require individuals to pay for the costs associated with GPS tracking.Similar Initiatives Abroad
Ontario, Canada
The Halton Regional Police Service, in partnership with the Intimate Partner Violence Unit, offers a mobile tracking system to at-risk women. They provide a GPS tracking device that acts as a personal alarm to individuals who have been identified as "at risk" of further violence. Their goal is to place priority on victim safety.
The SSMPS, on their website, explains Intimate Partner Violence, also known as domestic violence, as: "physical, sexual, psychological, and economic abuse that takes place in the context of an intimate relationship, including marriage. IPV is one of the most common forms of gender-based violence and is often characterized by longterm patterns of abusive behavior and control."
The goal of all of the pilot project measures is to reduce intimate partner violence in the community. In a policy brief from ourcommons.ca by Armagh House, titled: Ending Intimate Partner and Domestic Violence in Canada, the following key facts were listed: ? 44% of women or 6.2 million women aged 15 and older have reported some kind of abuse in their intimate partner relationship (Government of Canada, 2022). ? Every six days, a woman in Canada is murdered by her intimate partner (Roy & Marcellus, 2019). ? It costs $7.4 billion to deal with the aftermath of IPV (Department of Justice, 2009).
The SSMPS, on their website, explains Intimate Partner Violence, also known as domestic violence, as: "physical, sexual, psychological, and economic abuse that takes place in the context of an intimate relationship, including marriage. IPV is one of the most common forms of gender-based violence and is often characterized by longterm patterns of abusive behavior and control."
The goal of all of the pilot project measures is to reduce intimate partner violence in the community. In a policy brief from ourcommons.ca by Armagh House, titled: Ending Intimate Partner and Domestic Violence in Canada, the following key facts were listed: ? 44% of women or 6.2 million women aged 15 and older have reported some kind of abuse in their intimate partner relationship (Government of Canada, 2022). ? Every six days, a woman in Canada is murdered by her intimate partner (Roy & Marcellus, 2019). ? It costs $7.4 billion to deal with the aftermath of IPV (Department of Justice, 2009).
London, England
Mayor of London, Sadiq Khan, has today announced an additional pound sterling 2.2m investment to extend his pioneering GPS knife crime tagging program, which is working to keep Londoners safe by tagging knife crime offenders released from prison.
The GPS knife crime programme is part of Sadiq's total pound sterling6.7m investment since 2019 in this state-of-the-art technology, which puts the focus of behaviour change on offenders, not their victims.
Individuals are tagged with a tracking device under strict license conditions and includes those have served custodial sentences for knife crime offenses, such as being in possession of a knife, robbery, aggravated burglary and GBH.
Since 2019, more than 2,100 domestic abuse and knife crime offenders have been tagged in London - more than half of those have complied with their licensing condition and the GPS tagging has worked to recall more than 670 who breached their conditions, such as entering a monitored exclusion zone near a victim.
New data released this month from the Mayor's Office for Policing and Crime (MOPAC) shows that the GPS knife crime tagging program - which has tagged over 1,500 individuals - is working.
The GPS knife crime programme is part of Sadiq's total pound sterling6.7m investment since 2019 in this state-of-the-art technology, which puts the focus of behaviour change on offenders, not their victims.
Individuals are tagged with a tracking device under strict license conditions and includes those have served custodial sentences for knife crime offenses, such as being in possession of a knife, robbery, aggravated burglary and GBH.
Since 2019, more than 2,100 domestic abuse and knife crime offenders have been tagged in London - more than half of those have complied with their licensing condition and the GPS tagging has worked to recall more than 670 who breached their conditions, such as entering a monitored exclusion zone near a victim.
New data released this month from the Mayor's Office for Policing and Crime (MOPAC) shows that the GPS knife crime tagging program - which has tagged over 1,500 individuals - is working.
History of Similar Laws
Connecticut
A unanimous vote in the Senate approving expanded measures, which include a GPS notification system in high risk domestic violence cases. The system had been in place since 2010 at courthouses in Bridgeport, Hartford, and Danielson, but the law directed the Judicial Branch to expand it statewide by October 2025. The system provides automated alerts 24/7 to victims and law enforcement of suspected violations.
Providers and Innovations in DV GPS Tracking
SuperCom (NASDAQ: SPCB), a global provider of secured solutions for the e-Government, IoT, and Cybersecurity sectors, has announced that it has secured a new contract with a prominent Kentucky-based service provider of electronic monitoring (EM) products and services. This contract marks another valuable step in SuperCom's expansion within the US, as well as progression in the deployment of its newest proprietary technologies, the new PureOne GPS bracelet and domestic violence (DV) monitoring. SuperCom will provide its cutting-edge PureOne GPS Tracking and PureProtect for DV Monitoring solutions. 
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