Bill Text: OR HB2225 | 2011 | Regular Session | Introduced

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Bill Title: Relating to obtaining conversations; declaring an emergency.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2225 Detail]

Download: Oregon-2011-HB2225-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 335

                         House Bill 2225

Sponsored by Representative GREENLICK; Representative BARKER
  (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Creates exception to prohibition on obtaining conversations by
means of device, contrivance, machine or apparatus for person who
records law enforcement officer acting in officer's official
capacity.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to obtaining conversations; creating new provisions;
  amending ORS 165.540; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 165.540 is amended to read:
  165.540. (1) Except as otherwise provided in ORS 133.724 or
133.726 or subsections (2) to (7) of this section, a person may
not:
  (a) Obtain or attempt to obtain the whole or any part of a
telecommunication or a radio communication to which the person is
not a participant, by means of   { - any - }   { + a + } device,
contrivance, machine or apparatus  { - , whether electrical,
mechanical, manual or otherwise - }  { +  of any kind + }, unless
consent is given by at least one participant.
  (b) Tamper with the wires, connections, boxes, fuses, circuits,
lines or   { - any - }  other equipment or facilities of a
telecommunication or radio communication company over which
messages are transmitted, with the intent to obtain unlawfully
the contents of a telecommunication or radio communication to
which the person is not a participant.
  (c) Obtain or attempt to obtain the whole or   { - any - }
 { + a + } part of a conversation by means of   { - any - }
 { + a + } device, contrivance, machine or apparatus  { - ,
whether electrical, mechanical, manual or otherwise - }  { +  of
any kind + }, if not all participants in the conversation are
specifically informed that their conversation is being obtained.
  (d) Obtain the whole or   { - any - }   { + a + } part of a
conversation, telecommunication or radio communication from
 { - any - }   { + a + } person, while knowing or having good
reason to believe that the conversation, telecommunication or
radio communication was initially obtained in a manner prohibited
by this section.

  (e) Use or attempt to use, or divulge to others,   { - any - }
 { + a + } conversation, telecommunication or radio communication
obtained by
  { - any - }   { + a + } means prohibited   { - by - }
 { + under + } this section.
  (2)(a) The prohibitions in subsection (1)(a), (b) and (c) of
this section do not apply to:
  (A) Officers, employees or agents of a telecommunication or
radio communication company who perform the acts prohibited by
subsection (1)(a), (b) and (c) of this section for the purpose of
construction, maintenance or conducting of their
telecommunication or radio communication service, facilities or
equipment.
  (B) Public officials in charge of and at jails, police
premises, sheriffs' offices, Department of Corrections
institutions and other penal or correctional institutions, except
as to communications or conversations between an attorney and the
client of the attorney.
  (b) Officers, employees or agents of a telecommunication or
radio communication company who obtain information under
paragraph (a) of this subsection may not use or attempt to use,
or divulge to others, the information except for the purpose of
construction, maintenance, or conducting of their
telecommunication or radio communication service, facilities or
equipment.
  (3) The prohibitions in subsection (1)(a), (b) or (c) of this
section do not apply to subscribers or members of their family
who perform the acts prohibited in subsection (1) of this section
in their homes.
  (4) The prohibitions in subsection (1)(a) of this section do
not apply to the receiving or obtaining of the contents of any
radio or television broadcast transmitted for the use of the
general public.
  (5) The prohibitions in subsection (1)(c) of this section do
not apply to:
  (a) A person who records a conversation during a felony that
endangers human life;
  (b) A person who, pursuant to ORS 133.400, records an interview
conducted by a peace officer in a law enforcement facility;
  (c) A law enforcement officer who is in uniform and displaying
a badge and who is operating a vehicle-mounted video camera that
records the scene in front of, within or surrounding a police
vehicle, unless the officer has reasonable opportunity to inform
participants in the conversation that the conversation is being
obtained;   { - or - }
  (d) A law enforcement officer who, acting in the officer's
official capacity, deploys an Electro-Muscular Disruption
Technology device that contains a built-in monitoring system
capable of recording audio or video, for the duration of that
deployment  { - . - }  { + ; or
  (e) A person who records a law enforcement officer acting in
the officer's official capacity. + }
  (6) The prohibitions in subsection (1)(c) of this section do
not apply to persons who intercept or attempt to intercept with
an unconcealed recording device the oral communications that are
part of any of the following proceedings:
  (a) Public or semipublic meetings such as hearings before
governmental or quasi-governmental bodies, trials, press
conferences, public speeches, rallies and sporting or other
events;
  (b) Regularly scheduled classes or similar educational
activities in public or private institutions; or
  (c) Private meetings or conferences if all others involved knew
or reasonably should have known that the recording was being
made.

  (7) The prohibitions in subsection (1)(a), (c), (d) and (e) of
this section do not apply to   { - any - }  { +  a + }:
  (a) Radio communication that is transmitted by a station
operating on an authorized frequency within the amateur or
citizens bands; or
  (b) Person who intercepts a radio communication that is
transmitted by   { - any - }   { + a + } governmental, law
enforcement, civil defense or public safety communications
system, including police and fire, readily accessible to the
general public provided that the interception is not for purposes
of illegal activity.
  (8) Violation of subsection (1) or (2)(b) of this section is a
Class A misdemeanor.
  (9) As used in this section:
  (a) 'Electro-Muscular Disruption Technology device' means a
device that uses a high-voltage, low power charge of electricity
to induce involuntary muscle contractions intended to cause
temporary incapacitation. 'Electro-Muscular Disruption Technology
device' includes devices commonly known as tasers.
  (b) 'Law enforcement officer' has the meaning given that term
in ORS 133.726.
  SECTION 2.  { + The amendments to ORS 165.540 by section 1 of
this 2011 Act apply to recordings made on or after the effective
date of this 2011 Act. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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