Bill Text: IN SB0377 | 2010 | Regular Session | Introduced
Bill Title: Possession of listening device.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0377 Detail]
Download: Indiana-2010-SB0377-Introduced.html
Citations Affected: IC 35-44-3-12.
Synopsis: Possession of listening device. Provides that it is a Class B
misdemeanor for a person to knowingly or intentionally possesses an
electronic device that is receiving police radio transmissions: (1) while
committing a crime; (2) to further the commission of a crime; or (3) to
avoid detection by a law enforcement agency.
Effective: July 1, 2010.
January 12, 2010, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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A BILL FOR AN ACT to amend the Indiana Code concerning
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(1) possesses a police radio;
(2) transmits over a frequency assigned for police emergency purposes; or
(3) possesses or uses a police radio:
(A) while committing a crime;
(B) to further the commission of a crime; or
(C) to avoid detection by a law enforcement agency;
commits unlawful use of a police radio, a Class B misdemeanor.
(b) A person who knowingly or intentionally possesses an electronic device that is receiving police radio transmissions:
(1) while committing a crime;
(2) to further the commission of a crime; or
(3) to avoid detection by a law enforcement agency;
commits unlawful use of an electronic device receiving police radio
transmissions, a Class B misdemeanor.
(b) (c) Subsection (a)(1) and (a)(2) do not apply to:
(1) a governmental entity;
(2) a regularly employed law enforcement officer;
(3) a common carrier of persons for hire whose vehicles are used
in emergency service;
(4) a public service or utility company whose vehicles are used in
emergency service;
(5) a person who has written permission from the chief executive
officer of a law enforcement agency to possess a police radio;
(6) a person who holds an amateur radio license issued by the
Federal Communications Commission if the person is not
transmitting over a frequency assigned for police emergency
purposes;
(7) a person who uses a police radio only in the person's dwelling
or place of business;
(8) a person:
(A) who is regularly engaged in newsgathering activities;
(B) who is employed by a newspaper qualified to receive legal
advertisements under IC 5-3-1, a wire service, or a licensed
commercial or public radio or television station; and
(C) whose name is furnished by his the person's employer to
the chief executive officer of a law enforcement agency in the
county in which the employer's principal office is located;
(9) a person engaged in the business of manufacturing or selling
police radios; or
(10) a person who possesses or uses a police radio during the
normal course of the person's lawful business.
(c) (d) As used in this section, "police radio" means a radio that is
capable of sending or receiving signals transmitted on frequencies
assigned by the Federal Communications Commission for police
emergency purposes and that:
(1) can be installed, maintained, or operated in a vehicle; or
(2) can be operated while it is being carried by an individual. The
term does not include a radio designed for use only in a dwelling.
