Senate File 380 - Enrolled




                                             SENATE FILE 380

                             AN ACT
 RELATING TO THE PRACTICES AND PROCEDURES OF THE DEPARTMENT
    OF PUBLIC SAFETY INCLUDING GAMING FLOOR OR WAGERING AREA
    RESTRICTIONS, INTERCEPTION OF COMMUNICATIONS, AND PEACE
    OFFICERS ACTING WITH FEDERAL AGENTS, AND PROVIDING PENALTIES.

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

                           DIVISION I
            LEGAL AGE VIOLATIONS AT GAMING FACILITIES
    Section 1.  Section 99D.11, subsection 7, Code 2009, is
 amended to read as follows:
    7.  A person under the age of twenty=one years shall not
 make or attempt to make a pari=mutuel wager.  A person who
 violates this subsection commits a scheduled violation under
 section 805.8C, subsection 5, paragraph "a".
    Sec. 2.  Section 99F.9, subsection 5, Code 2009, is amended
 to read as follows:
    5.  A person under the age of twenty=one years shall not
 make or attempt to make a wager on an excursion gambling boat,
 gambling structure, or in a racetrack enclosure and shall not
 be allowed on the gaming floor of an excursion gambling boat
 or gambling structure or in the wagering area, as defined in
 section 99D.2, or on the gaming floor of a racetrack
 enclosure.  However, a person eighteen years of age or older
 may be employed to work on the gaming floor of an excursion
 gambling boat or gambling structure or in the wagering area or
 on the gaming floor of a racetrack enclosure.  A person who
 violates this subsection with respect to making or attempting
 to make a wager commits a scheduled violation under section
 805.8C, subsection 5, paragraph "a".
    Sec. 3.  Section 99F.9, Code 2009, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  5A.  a.  A person under the age of
 twenty=one years shall not enter or attempt to enter the
 gaming floor or wagering area, as defined in section 99D.2, of
 a facility licensed under this chapter to operate gambling
 games.
    b.  A person under the age of twenty=one years does not
 violate this subsection if any of the following circumstances
 apply:
    (1)  The person is employed to work at the facility.
    (2)  The person is an employee or agent of the commission,
 the division, a distributor, or a manufacturer, and acting
 within the scope of the person's employment.
    (3)  The person is present in a racetrack enclosure and
 does not enter or attempt to enter the gaming floor or
 wagering area of the facility.
    c.  A person who violates this subsection commits a simple
 misdemeanor punishable as a scheduled violation under section
 805.8C, subsection 5, paragraph "b".
    Sec. 4.  Section 725.19, subsection 1, Code 2009, is
 amended to read as follows:
    1.  Any person under the age of twenty=one years shall not
 make or attempt to make a gambling wager, except as permitted
 under chapter 99B.  A person who violates this subsection
 commits a scheduled violation under section 805.8C, subsection
 5, paragraph "a".
    Sec. 5.  Section 805.8C, subsection 5, Code 2009, is
 amended to read as follows:
    5.  GAMBLING VIOLATIONS.
    a.  For violations of legal age for gambling wagering under
 section 99D.11, subsection 7, section 99F.9, subsection 5, and
 section 725.19, subsection 1, the scheduled fine is five
 hundred dollars.  Failure to pay the fine by a person under
 the age of eighteen shall not result in the person being
 detained in a secure facility.
    b.  For legal age violations for entering or attempting to
 enter a facility under section 99F.9, subsection 5A, the
 scheduled fine is five hundred dollars.  Failure to pay the
 fine by a person under the age of eighteen shall not result in
 the person being detained in a secure facility.
                           DIVISION II
                 INTERCEPTION OF COMMUNICATIONS
    Sec. 6.  Section 808B.1, subsection 4, Code 2009, is
 amended by adding the following new paragraph:
    NEW PARAGRAPH.  d.  Electronic funds transfer information
 stored by a financial institution in a communication system
 used for the electronic storage and transfer of funds.
    Sec. 7.  Section 808B.1, subsection 8, Code 2009, is
 amended to read as follows:
    8.  "Oral communication" means an oral communication
 uttered by a person exhibiting an expectation that the
 communication is not subject to interception, under
 circumstances justifying that expectation.  An "oral
 communication" does not include an electronic communication.
    Sec. 8.  Section 808B.1, subsections 9, 11, and 12, Code
 2009, are amended by striking the subsections and inserting in
 lieu thereof the following:
    9.  "Pen register" means a device or process which records
 or decodes dialing, routing, addressing, or signaling
 information, but not the contents of the communication,
 transmitted by an instrument or facility from which a wire or
 electronic communication is transmitted.  "Pen register" does
 not include any device or process used by a provider or
 customer of a wire or electronic communication service for
 billing, or recording as an incident to billing, for
 communications services provided by such provider or any
 device or process used by a provider or customer of a wire
 communication service for cost accounting or other like
 purposes in the ordinary course of its business.
    11.  "Trap and trace device" means a device or process
 which captures the incoming electronic or other impulses which
 identify the originating number or other dialing, routing,
 addressing, and signaling information reasonably likely to
 identify the source of a wire or electronic communication, but
 does not capture the contents of any communication.
    12.  "Wire communication" means any aural transfer made in
 whole or in part through the use of facilities for the
 transmission of communications by the aid of wire, cable, or
 other like connection between the point of origin and the
 point of reception, including the use of such connection in a
 switching station, furnished or operated by any person engaged
 in providing or operating such facilities for the transmission
 of interstate or foreign communications or communications
 affecting interstate or foreign commerce.
    Sec. 9.  Section 808B.3, Code 2009, is amended by adding
 the following new subsections:
    NEW SUBSECTION.  3.  A felony offense involving ongoing
 criminal conduct in violation of chapter 706A.
    NEW SUBSECTION.  4.  A forcible felony as defined in
 section 702.11.
    NEW SUBSECTION.  5.  A felony fugitive warrant issued in
 the state or involving an individual who is reasonably
 believed to be located within the state.
    Sec. 10.  Section 808B.5, Code 2009, is amended by adding
 the following new subsections:
    NEW SUBSECTION.  11A.  A special state agent may make
 application to a judicial officer for the issuance of a search
 warrant to authorize the placement, tracking, or monitoring of
 a global positioning device, supported by a peace officer's
 oath or affirmation, which includes facts, information, and
 circumstances tending to establish sufficient grounds for
 granting the special state agent's application, and probable
 cause for believing the grounds exist.  Upon a finding of
 probable cause to issue such a warrant, the judicial officer
 shall issue a warrant, signed by the judicial officer with the
 judicial officer's name of office, directed to any peace
 officer, commanding that the peace officer place, track, or
 monitor the global positioning device.
    NEW SUBSECTION.  11B.  Upon the request of an investigative
 or law enforcement officer, a judge may issue a subpoena or
 other court order in order to obtain information and
 supporting documentation regarding contemporaneous or
 prospective wire or electronic communications based upon a
 finding that a prosecuting attorney is engaged in a criminal
 investigation of an offense listed in section 808B.3.
    NEW SUBSECTION.  11C.  Notwithstanding any other provision
 of law, upon the request of an investigative or law
 enforcement officer, a judge may authorize the capture of a
 wire or oral communication by a pen register or trap and trace
 device, if a judge finds that there is probable cause to
 believe that a wire or oral communication relevant to a valid
 search warrant will occur at any point while the warrant is in
 effect.
    Sec. 11.  Section 808B.10, unnumbered paragraph 1, Code
 2009, is amended to read as follows:
    A Except for emergency situations pursuant to section
 808B.12, a person shall not install or use a pen register or a
 trap and trace device without first obtaining a search warrant
 or court order pursuant to either section 808B.11 or 808B.12.
 However, a pen register or a trap and trace device may be used
 or installed without court order if any of the following
 apply:
    Sec. 12.  Section 808B.11, subsection 3, paragraph c, Code
 2009, is amended to read as follows:
    c.  The telephone number if known, and the physical
 location of the telephone line where the pen register or trap
 and trace device will be attached, the method for determining
 the location of the electronic communication, and the
 geographic limits of the trap and trace device.
    Sec. 13.  Section 808B.12, Code 2009, is amended by
 striking the section and inserting in lieu thereof the
 following:
    808B.12  EMERGENCY INSTALLATION AND USE == SUBSEQUENT
 APPLICATION AND ORDER.
    1.  Notwithstanding any other provision of this chapter, a
 special state agent authorized by the prosecuting attorney or
 an assistant attorney general who reasonably determines that
 an emergency situation described in subsection 2 exists which
 requires the installation and use of a pen register or a trap
 and trace device before an order authorizing such installation
 and use can be obtained with due diligence, may install and
 use a pen register or trap and trace device, if an order
 approving the installation or use is applied for and issued in
 accordance with section 808B.11 within forty=eight hours of
 the installation.
    2.  Subsection 1 applies in the following emergency
 situations:
    a.  Immediate danger of death or serious bodily injury to a
 person.
    b.  Conspiratorial activities characteristic of organized
 crime.
    c.  Immediate threat to a national security interest.
    d.  Ongoing attack on a computer that constitutes a crime
 punishable by a term of imprisonment greater than one year.
    3.  In the absence of an authorizing order, such use shall
 immediately terminate when the information sought is obtained,
 when the application for the order is denied, or when
 forty=eight hours have lapsed since the installation of the
 pen register or trap and trace device, whichever is earlier.
    4.  The knowing installation or use by any investigative or
 law enforcement officer of a pen register or trap and trace
 device pursuant to subsection 1 without application for the
 authorizing order within forty=eight hours of the installation
 constitutes a serious misdemeanor.
    5.  A provider of a wire or electronic communication
 service, landlord, custodian, or other person who furnishes
 facilities or technical assistance pursuant to this section
 shall be reasonably compensated for such reasonable expenses
 incurred in providing such facilities and assistance.
    Sec. 14.  Section 808B.13, subsections 4 and 5, Code 2009,
 are amended to read as follows:
    4.  A cause of action shall not lie in any court against
 any provider of a wire or electronic communication service,
 its officers, employees, agents, or other specified persons
 for providing information, facilities, or assistance in
 accordance with the terms of a search warrant or court order
 under section 808B.11 or 808B.12.
    5.  A good faith reliance on a search warrant or court
 order under section 808B.11 or 808B.12 is a complete defense
 against any civil or criminal action brought under this
 chapter or any other statute.
                          DIVISION III
             PEACE OFFICER SERVING AS FEDERAL ACTOR
    Sec. 15.  Section 80.9A, Code 2009, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  8.  a.  A peace officer of the department,
 when authorized by the commissioner, may act in concert with,
 under the direction of, or otherwise serve as a state actor
 for an officer or agent of the federal government.
    b.  If serving as a state actor for an officer or agent of
 the federal government as provided in paragraph "a", the peace
 officer shall be considered acting within the scope of the
 employee's office or employment as defined in section 669.2,
 subsection 1.


                                                             
                               JOHN P. KIBBIE
                               President of the Senate


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House

    I hereby certify that this bill originated in the Senate and
 is known as Senate File 380, Eighty=third General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2009


                                
 CHESTER J. CULVER
 Governor

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