Bill Text: IA HF2392 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act relating to electronic and mechanical eavesdropping, and the interception of communications. (Formerly HF 2091.) Effective 7-1-18.

Sponsorship: Committee Bill

Status: (Passed) 2018-04-10 - Signed by Governor. H.J. 768. [HF2392 Detail]

Download: Iowa-2017-HF2392-Enrolled.html

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House File 2392 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON PUBLIC
                                  SAFETY

                              (SUCCESSOR TO HF 2091)
 \5
                                   A BILL FOR
 \1
                                        House File 2392

                             AN ACT
 RELATING TO ELECTRONIC AND MECHANICAL EAVESDROPPING, AND
    THE INTERCEPTION OF COMMUNICATIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 727.8, Code 2018, is amended to read as
 follows:
    727.8  Electronic and mechanical eavesdropping.
    1.  "Monitoring device" means a digital video or audio
 streaming or recording device that records, listens to, or
 otherwise intercepts video or audio communications in order to
 provide proof of or prevent criminal activity that is placed
 outside of a person's dwelling or other structure that is not
 in a shared hallway and is on real property owned or leased by
 the person. 
    2.  Any person, having no right or authority to do so, who
 taps into or connects a listening or recording device to any
 telephone or other communication wire, or who by any electronic
 or mechanical means listens to, records, or otherwise
 intercepts a conversation or communication of any kind, commits
 a serious misdemeanor; provided, that the.
    3.  This section does not apply to any of the following: 
    a.  The recording by a sender or recipient of a message or
 one who is openly present and participating in or listening to
 a communication shall not be prohibited hereby from recording
 such message or communication; and further provided, that
 nothing herein shall restrict the.
    b.  The use of any radio or television receiver to receive
 any communication transmitted by radio or wireless signal.
    c.  The use of a monitoring device.
    Sec. 2.  Section 808B.2, subsection 2, Code 2018, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  d.  It is not unlawful under this chapter
 for a person who is the owner or lessee of real property to
 intercept an oral communication if the person intercepts the
 oral communication under all of the following circumstances:
    (1)  The interception of the oral communication is made by a
 surveillance system placed in or on the real property owned or
 leased by the person.
    (2)  The surveillance system is installed with the knowledge
 and consent of all lawful owners or lessees of the real
 property.
    (3)  The surveillance system is used for the purpose of
 detecting or preventing criminal activity in or on the real
 property owned or leased by the person or in an area accessible
 to the general public in the immediate vicinity of the real
 property owned or leased by the person.


                                                                                            LINDA UPMEYER


                                                                                            CHARLES SCHNEIDE


                                                                                            CARMINE BOAL


                                                                                            KIM REYNOLDS

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