Bill Text: IA HF2091 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to electronic and mechanical eavesdropping. (See HF 2392.)

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2018-02-22 - Withdrawn. H.J. 371. [HF2091 Detail]

Download: Iowa-2017-HF2091-Introduced.html

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House File 2091 - Introduced




                                 HOUSE FILE       
                                 BY  HEARTSILL

                                      A BILL FOR

  1 An Act relating to electronic and mechanical eavesdropping.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5626YH (2) 87
    jm/rh

PAG LIN



  1  1    Section 1.  Section 727.8, Code 2018, is amended to read as
  1  2 follows:
  1  3    727.8  Electronic and mechanical eavesdropping.
  1  4    1.  "Monitoring device" means a digital video or audio
  1  5 streaming or recording device that records, listens to, or
  1  6 otherwise intercepts video or audio communications placed
  1  7 outside of a person's dwelling or other structure that is not
  1  8 in a shared hallway and is on real property owned or leased by
  1  9 the person.
  1 10    2.  Any person, having no right or authority to do so, who
  1 11 taps into or connects a listening or recording device to any
  1 12 telephone or other communication wire, or who by any electronic
  1 13 or mechanical means listens to, records, or otherwise
  1 14 intercepts a conversation or communication of any kind, commits
  1 15 a serious misdemeanor; provided, that the.
  1 16    3.  This section does not apply to any of the following:
  1 17    a.  The recording by a sender or recipient of a message or
  1 18 one who is openly present and participating in or listening to
  1 19 a communication shall not be prohibited hereby from recording
  1 20 such message or communication; and further provided, that
  1 21 nothing herein shall restrict the.
  1 22    b.  The use of any radio or television receiver to receive
  1 23 any communication transmitted by radio or wireless signal.
  1 24    c.  The use of a monitoring device.
  1 25                           EXPLANATION
  1 26 The inclusion of this explanation does not constitute agreement with
  1 27 the explanation's substance by the members of the general assembly.
  1 28    This bill relates to illegal electronic and mechanical
  1 29 eavesdropping.
  1 30    Currently, it is a serious misdemeanor for a person to
  1 31 tap into or connect a listening or recording device to any
  1 32 telephone or other communication wire, or through electronic or
  1 33 mechanical means to listen to, record, or otherwise intercept a
  1 34 conversation or communication of any kind.
  1 35    Under current law, there are two exceptions to the criminal
  2  1 offense of illegal electronic and mechanical eavesdropping.
  2  2 First, the sender or recipient of a message or one who
  2  3 is openly present and participating in or listening to a
  2  4 communication is not prohibited from recording such a message
  2  5 or communication.  Second, the use of any radio or television
  2  6 receiver to receive any communication transmitted by radio or
  2  7 wireless signal is not prohibited.
  2  8    The bill creates a third exception to illegal electronic and
  2  9 mechanical eavesdropping by permitting the use of a monitoring
  2 10 device.
  2 11    The bill defines "monitoring device" to mean a digital video
  2 12 or audio streaming or recording device that records, listens
  2 13 to, or otherwise intercepts video or audio communications
  2 14 placed outside of a person's dwelling or other structure that
  2 15 is not in a shared hallway and is on real property owned or
  2 16 leased by the person.
       LSB 5626YH (2) 87
       jm/rh