Bill Text: OH HB535 | 2011-2012 | 129th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To exempt under certain circumstances a parent or a person acting in loco parentis from the prohibition of the interception of wire, oral, or electronic communications.

Spectrum: Slight Partisan Bill (Republican 37-14)

Status: (Engrossed - Dead) 2012-06-19 - To Judiciary [HB535 Detail]

Download: Ohio-2011-HB535-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 535

Representative Hill 

Cosponsors: Representatives Sears, Adams, J., Grossman, Maag, McClain, Roegner, Ruhl, Thompson, Phillips, Reece, Stinziano 

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A BILL

To amend section 2933.52 of the Revised Code to

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exempt a parent or a person acting in loco

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parentis from the prohibition of the interception

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of wire, oral, or electronic communications.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2933.52 of the Revised Code be	5
amended to read as follows:	6

Sec. 2933.52.  (A) No person purposely shall do any of the	7
following:	8

(1) Intercept, attempt to intercept, or procure another	9
person to intercept or attempt to intercept a wire, oral, or	10
electronic communication;	11

(2) Use, attempt to use, or procure another person to use or	12
attempt to use an interception device to intercept a wire, oral,	13
or electronic communication, if either of the following applies:	14

(a) The interception device is affixed to, or otherwise	15
transmits a signal through, a wire, cable, satellite, microwave,	16
or other similar method of connection used in wire communications;	17

(b) The interception device transmits communications by	18
radio, or interferes with the transmission of communications by	19
radio.	20

(3) Use, or attempt to use, the contents of a wire, oral, or	21
electronic communication, knowing or having reason to know that	22
the contents were obtained through the interception of a wire,	23
oral, or electronic communication in violation of sections 2933.51	24
to 2933.66 of the Revised Code.	25

(B) This section does not apply to any of the following:

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(1) The interception, disclosure, or use of the contents, or	27
evidence derived from the contents, of an oral, wire, or	28
electronic communication that is obtained through the use of an	29
interception warrant issued pursuant to sections 2933.53 to	30
2933.56 of the Revised Code, that is obtained pursuant to an oral	31
approval for an interception granted pursuant to section 2933.57	32
of the Revised Code, or that is obtained pursuant to an order that	33
is issued or an interception that is made in accordance with	34
section 802 of the "Omnibus Crime Control and Safe Streets Act of	35
1968," 82 Stat. 237, 254, 18 U.S.C. 2510 to 2520 (1968), as	36
amended, the "Electronic Communications Privacy Act of 1986," 100	37
Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended, or the	38
"Foreign Intelligence Surveillance Act," 92 Stat. 1783, 50 U.S.C.	39
1801.11 (1978), as amended;	40

(2) An operator of a switchboard, or an officer, employee, or	41
agent of a provider of wire or electronic communication service,	42
whose facilities are used in the transmission of a wire or	43
electronic communication to intercept, disclose, or use that	44
communication in the normal course of employment while engaged in	45
an activity that is necessary to the rendition of service or to	46
the protection of the rights or property of the provider of that	47
service, except that a provider of wire or electronic	48
communication service to the public shall not utilize service	49
observing or random monitoring except for mechanical or service	50
quality control checks;	51

(3) A law enforcement officer who intercepts a wire, oral, or	52
electronic communication, if the officer is a party to the	53
communication or if one of the parties to the communication has	54
given prior consent to the interception by the officer;	55

(4) A person who is not a law enforcement officer and who	56
intercepts a wire, oral, or electronic communication, if the	57
person is a party to the communication or if one of the parties to	58
the communication has given the person prior consent to the	59
interception, and if the communication is not intercepted for the	60
purpose of committing a criminal offense or tortious act in	61
violation of the laws or Constitution of the United States or this	62
state or for the purpose of committing any other injurious act;	63

(5) An officer, employee, or agent of a communications common	64
carrier providing information, facilities, or technical assistance	65
to an investigative officer who is authorized to intercept a wire,	66
oral, or electronic communication pursuant to sections 2933.51 to	67
2933.66 of the Revised Code;	68

(6) The use of a pen register in accordance with federal or	69
state law;	70

(7) The use of a trap and trace device in accordance with	71
federal or state law;	72

(8) A police, fire, or emergency communications system to	73
intercept wire communications coming into and going out of the	74
communications system of a police department, fire department, or	75
emergency center, if both of the following apply:	76

(a) The telephone, instrument, equipment, or facility is	77
limited to the exclusive use of the communication system for	78
administrative purposes;	79

(b) At least one telephone, instrument, equipment, or	80
facility that is not subject to interception is made available for	81
public use at each police department, fire department, or	82
emergency center.	83

(9) The interception or accessing of an electronic	84
communication made through an electronic communication system that	85
is configured so that the electronic communication is readily	86
accessible to the general public.	87

(10) The interception of a radio communication that is	88
transmitted by any of the following:	89

(a) A station for the use of the general public;

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(b) A governmental, law enforcement, civil defense, private	91
land mobile, or public safety communications system, including a	92
police or fire system, that is readily accessible to the general	93
public;	94

(c) A station operating on an authorized frequency within the	95
bands allocated to the amateur, citizencitizens band, or general	96
mobile radio services;	97

(d) A marine or aeronautical communications system.

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(11) The interception of a radio communication that relates	99
to a ship, aircraft, vehicle, or person in distress.	100

(12) The interception of a wire or electronic communication	101
the transmission of which is causing harmful interference to a	102
lawfully operating station or consumer electronic equipment, to	103
the extent necessary to identify the source of that interference.	104

(13) Other users of the same frequency to intercept a radio	105
communication made through a system that utilizes frequencies	106
monitored by individuals engaged in the provision or the use of	107
that system, if the communication is not scrambled or encrypted.	108

(14) A parent of a minor child or a person acting in loco	109
parentis of a minor child, including but not limited to a	110
guardian, custodian, grandparent acting under a power of attorney	111
created under section 3109.52 of the Revised Code, and a probation	112
officer of a child placed on community control by a juvenile	113
court, with respect to any wire, oral, or electronic communication	114
in which the minor child participates or of which the minor child	115
is a recipient or intended recipient.	116

(C) Whoever violates this section is guilty of interception	117
of wire, oral, or electronic communications, a felony of the	118
fourth degree.	119

Section 2. That existing section 2933.52 of the Revised Code	120
is hereby repealed.	121