House
File
2392
-
Enrolled
House
File
2392
AN
ACT
RELATING
TO
ELECTRONIC
AND
MECHANICAL
EAVESDROPPING,
AND
THE
INTERCEPTION
OF
COMMUNICATIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
727.8,
Code
2018,
is
amended
to
read
as
follows:
727.8
Electronic
and
mechanical
eavesdropping.
1.
“Monitoring
device”
means
a
digital
video
or
audio
streaming
or
recording
device
that
records,
listens
to,
or
otherwise
intercepts
video
or
audio
communications
in
order
to
provide
proof
of
or
prevent
criminal
activity
that
is
placed
outside
of
a
person’s
dwelling
or
other
structure
that
is
not
in
a
shared
hallway
and
is
on
real
property
owned
or
leased
by
the
person.
2.
Any
person,
having
no
right
or
authority
to
do
so,
who
taps
into
or
connects
a
listening
or
recording
device
to
any
telephone
or
other
communication
wire,
or
who
by
any
electronic
or
mechanical
means
listens
to,
records,
or
otherwise
intercepts
a
conversation
or
communication
of
any
kind,
commits
a
serious
misdemeanor
;
provided,
that
the
.
3.
This
section
does
not
apply
to
any
of
the
following:
a.
The
recording
by
a
sender
or
recipient
of
a
message
or
one
who
is
openly
present
and
participating
in
or
listening
to
a
communication
shall
not
be
prohibited
hereby
from
recording
such
message
or
communication
;
and
further
provided,
that
nothing
herein
shall
restrict
the
.
House
File
2392,
p.
2
b.
The
use
of
any
radio
or
television
receiver
to
receive
any
communication
transmitted
by
radio
or
wireless
signal.
c.
The
use
of
a
monitoring
device.
Sec.
2.
Section
808B.2,
subsection
2,
Code
2018,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
d.
It
is
not
unlawful
under
this
chapter
for
a
person
who
is
the
owner
or
lessee
of
real
property
to
intercept
an
oral
communication
if
the
person
intercepts
the
oral
communication
under
all
of
the
following
circumstances:
(1)
The
interception
of
the
oral
communication
is
made
by
a
surveillance
system
placed
in
or
on
the
real
property
owned
or
leased
by
the
person.
(2)
The
surveillance
system
is
installed
with
the
knowledge
and
consent
of
all
lawful
owners
or
lessees
of
the
real
property.
(3)
The
surveillance
system
is
used
for
the
purpose
of
detecting
or
preventing
criminal
activity
in
or
on
the
real
property
owned
or
leased
by
the
person
or
in
an
area
accessible
to
the
general
public
in
the
immediate
vicinity
of
the
real
property
owned
or
leased
by
the
person.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2392,
Eighty-seventh
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2018
______________________________
KIM
REYNOLDS
Governor