Bill Text: OR HB3064 | 2013 | Regular Session | Introduced
Bill Title: Relating to obtaining conversations; declaring an emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3064 Detail]
Download: Oregon-2013-HB3064-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2693
House Bill 3064
Sponsored by Representative THOMPSON (at the request of Mike
Nearman)
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 public official or law enforcement officer acting in
official capacity in public place.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to obtaining conversations; creating new provisions;
amending ORS 165.540 and 165.543; 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 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
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 - } { +
constructing, maintaining or conducting + } 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 public official or law enforcement
officer who is acting in the official capacity of the official or
officer in a public place. A recording authorized under this
paragraph becomes the personal property of the person who
recorded it. + }
(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.
{ + (c) 'Public official' means a person who is serving the
State of Oregon, any political subdivision of this state, or any
other public body as defined in ORS 174.109, as an elected
official, appointed official, employee or agent.
(d) 'Public place' has the meaning given that term in ORS
161.015. + }
SECTION 2. ORS 165.543 is amended to read:
165.543. (1) Except as provided in ORS 133.724 or as provided
in ORS 165.540 (2)(a) { + or (5)(e) + }, any person who
willfully intercepts, attempts to intercept or procures any other
person to intercept or attempt to intercept any wire or oral
communication where such person is not a party to the
communication and where none of the parties to the communication
has given prior consent to the interception, is guilty of a Class
A misdemeanor.
(2) As used in this section, the terms 'intercept' and ' wire
or oral communication' have the meanings provided under ORS
133.721.
SECTION 3. { + The amendments to ORS 165.540 and 165.543 by
sections 1 and 2 of this 2013 Act apply to recordings made on or
after the effective date of this 2013 Act. + }
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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