Bill Text: CT SB00487 | 2014 | General Assembly | Introduced

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Bill Title: An Act Concerning The Recording Of Telephonic Communications.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-03-20 - Public Hearing 03/24 [SB00487 Detail]

Download: Connecticut-2014-SB00487-Introduced.html

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General Assembly		Raised Bill No. 487
February Session, 2014		LCO No. 2745
		*02745_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING THE RECORDING OF TELEPHONIC COMMUNICATIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 52-570d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

[(a) No person shall use any instrument, device or equipment to record an oral private telephonic communication unless the use of such instrument, device or equipment (1) is preceded by consent of all parties to the communication and such prior consent either is obtained in writing or is part of, and obtained at the start of, the recording, or (2) is preceded by verbal notification which is recorded at the beginning and is part of the communication by the recording party, or (3) is accompanied by an automatic tone warning device which automatically produces a distinct signal that is repeated at intervals of approximately fifteen seconds during the communication while such instrument, device or equipment is in use.

(b) The provisions of subsection (a) of this section shall not apply to:

(1) Any federal, state or local criminal law enforcement official who in the lawful performance of his duties records telephonic communications;

(2) Any officer, employee or agent of a public or private safety agency, as defined in section 28-25, who in the lawful performance of his duties records telephonic communications of an emergency nature;

(3) Any person who, as the recipient of a telephonic communication which conveys threats of extortion, bodily harm or other unlawful requests or demands, records such telephonic communication;

(4) Any person who, as the recipient of a telephonic communication which occurs repeatedly or at an extremely inconvenient hour, records such telephonic communication;

(5) Any officer, employee or agent of any communication common carrier who in the lawful performance of his duties records telephonic communications or provides facilities to an investigative officer or criminal law enforcement official authorized pursuant to chapter 959a to intercept a wire communication;

(6) Any officer, employee or agent of a Federal Communications Commission licensed broadcast station who records a telephonic communication solely for broadcast over the air;

(7) Any officer, employee or agent of the United States Secret Service who records telephonic communications which concern the safety and security of the President of the United States, members of his immediate family or the White House and its grounds; and

(8) Any officer, employee or agent of a Federal Communications Commission broadcast licensee who records a telephonic communication as part of a broadcast network or cooperative programming effort solely for broadcast over the air by a licensed broadcast station.

(c) Any person aggrieved by a violation of subsection (a) of this section may bring a civil action in the Superior Court to recover damages, together with costs and a reasonable attorney's fee.]

(a) As used in this section:

(1) "Consent" means any instance of an express, implied or informed agreement, approval or permission that is directly linked to a specific recorded telephonic communication and in every case: (A) When a party gives consent, it is to another, never to oneself, (B) when consent is received, it is deemed to be reciprocal;

(2) "Party" includes, but is not limited to, any of those enumerated in subsection (k) of section 1-1 or subdivision (1) of section 53a-3 who is or was: (A) A caller or a sender, (B) called or a receiver, or (C) a participant in any given telephonic communication. "Party" does not include any person other than a sender or receiver as set out in subdivision (1) of subsection (a) of section 53a-187; and

(3) "Telephonic communication" means the transfer of the human voice, real or synthesized, in whole or in any part by any means through facilities used for the transmission of communications furnished or operated by any person engaged in providing or operating such facilities including, but not limited to, common carriers, wide area telephone service providers, wireless communications providers, personal communications services providers and voice over Internet protocol providers for the transmission of intrastate, interstate, or foreign message toll telephone service and where the point of origin is deemed to be and includes the device used by a sender thereof and where the point of reception is deemed to be and includes the device used by a receiver thereof.

(b) No party in an intrastate telephonic communication shall, by any means, record or cause to be recorded such telephonic communication unless:

(1) Consent is received from every other party and such consent is either documented: (A) Before the fact, or (B) at the beginning and as part of the recording; or

(2) It contains an unambiguous verbal notification at the beginning and as part of the recording; or

(3) It is accompanied by an automatic tone warning that produces a distinct signal that is repeated at intervals of approximately fifteen seconds during such telephonic communication.

(c) While a telephonic communication is being recorded and any intrastate party joins during or after the beginning, the recording party must then ensure compliance with subdivision (1), (2) or (3) of subsection (b) with regard to the joined party.

(d) Unless otherwise specified in this subsection, the provisions of subsection (b) of this section shall not apply to:

(1) Any federal, state or local criminal law enforcement official who in the performance of his duties records telephonic communications;

(2) Any officer, employee or agent of a public or private safety agency, as defined in section 28-25, who in the performance of his duties records telephonic communications of an emergency nature;

(3) Any officer, employee or agent of any telephonic communications provider who in the performance of his duties records telephonic communications or provides facilities to an investigative officer or criminal law enforcement official authorized pursuant to chapter 959a to intercept a wire communication;

(4) Any party who records a telephonic communication, provided the intent of the recording is to memorialize evidence of a crime before, during or after the fact and the unaltered and undisclosed recording must have been submitted to law enforcement within a reasonable amount of time;

(5) Any party who records a telephonic communication, provided such party under this state's jurisdiction has complied with subsection (b) of this section, and every other party is acting as an agent of the United States pursuant to 18 USC 2510 et seq., regardless of location;

(6) Any party who, by consent, caused and the person who recorded such telephonic communication pursuant to subdivision (1) of subsection (a) of section 53a-187; and

(7) Any recording that results from any automatic or automated system that may be reasonably categorized as a voice mail, call center, phone answering or similar system and where the calling party was acting by consent in the telephonic communication.

(e) Notwithstanding subsections (c) and (d) of this section, it shall be unlawful for any party to a telephonic communication to record such telephonic communication if such recording is for the purpose of committing any criminal or tortious act of this state. Such recording is admissible as evidence in any court of this state without regard to section 52-184a.

(f) Any party in a telephonic communication who is outside of this state and who records any party within this state is expected to comply with this section.

(g) Any party aggrieved by a violation of this section may bring a civil action in the Superior Court to recover damages, nominal or otherwise, together with costs and a reasonable attorney's fee.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2014	52-570d

Statement of Purpose:

To make revisions to statutory provisions concerning the illegal recording of telephonic communications.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]