Bill Text: IA SF2189 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to electronic and mechanical eavesdropping. (See SF 2337.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-12 - Subcommittee recommends passage. [SF2189 Detail]
Download: Iowa-2017-SF2189-Introduced.html
Senate File 2189 - Introduced SENATE FILE BY SINCLAIR 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 5021XS (3) 87 jm/rj 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. As used in this section "security listening or recording 1 5 device" means a device that listens to, records, or otherwise 1 6 intercepts audio conversations or communications in order to 1 7 prove or prevent criminal activity. 1 8 2. Any person, having no right or authority to do so, who 1 9 taps into or connects a listening or recording device to any 1 10 telephone or other communication wire, or who by any electronic 1 11 or mechanical means listens to, records, or otherwise 1 12 intercepts a conversation or communication of any kind, commits 1 13 a serious misdemeanor; provided, that the. 1 14 3. This section does not apply to any of the following: 1 15 a. The recording by a sender or recipient of a message or 1 16 one who is openly present and participating in or listening to 1 17 a communicationshall not be prohibited herebyfrom recording 1 18 such message or communication; and further provided, that 1 19 nothing herein shall restrict the. 1 20 b. The use of any radio or television receiver to receive 1 21 any communication transmitted by radio or wireless signal. 1 22 c. The use of a security listening or recording device 1 23 that listens to, records, or otherwise intercepts audio 1 24 conversations or communications. 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 security 2 10 listening or recording device that listens to, records, or 2 11 otherwise intercepts audio conversations or communications. 2 12 The bill defines "security listening or recording device" to 2 13 mean a device that listens to, records, or otherwise intercepts 2 14 audio conversations or communications in order to prove or 2 15 prevent criminal activity. LSB 5021XS (3) 87 jm/rj
