House File 2091 - Introduced HOUSE FILE 2091 BY HEARTSILL A BILL FOR An Act relating to electronic and mechanical eavesdropping. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5626YH (2) 87 jm/rh

H.F. 2091 Section 1. Section 727.8, Code 2018, is amended to read as 1 follows: 2 727.8 Electronic and mechanical eavesdropping. 3 1. “Monitoring device” means a digital video or audio 4 streaming or recording device that records, listens to, or 5 otherwise intercepts video or audio communications placed 6 outside of a person’s dwelling or other structure that is not 7 in a shared hallway and is on real property owned or leased by 8 the person. 9 2. Any person, having no right or authority to do so, who 10 taps into or connects a listening or recording device to any 11 telephone or other communication wire, or who by any electronic 12 or mechanical means listens to, records, or otherwise 13 intercepts a conversation or communication of any kind, commits 14 a serious misdemeanor ; provided, that the . 15 3. This section does not apply to any of the following: 16 a. The recording by a sender or recipient of a message or 17 one who is openly present and participating in or listening to 18 a communication shall not be prohibited hereby from recording 19 such message or communication ; and further provided, that 20 nothing herein shall restrict the . 21 b. The use of any radio or television receiver to receive 22 any communication transmitted by radio or wireless signal. 23 c. The use of a monitoring device. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to illegal electronic and mechanical 28 eavesdropping. 29 Currently, it is a serious misdemeanor for a person to 30 tap into or connect a listening or recording device to any 31 telephone or other communication wire, or through electronic or 32 mechanical means to listen to, record, or otherwise intercept a 33 conversation or communication of any kind. 34 Under current law, there are two exceptions to the criminal 35 -1- LSB 5626YH (2) 87 jm/rh 1/ 2

H.F. 2091 offense of illegal electronic and mechanical eavesdropping. 1 First, the sender or recipient of a message or one who 2 is openly present and participating in or listening to a 3 communication is not prohibited from recording such a message 4 or communication. Second, the use of any radio or television 5 receiver to receive any communication transmitted by radio or 6 wireless signal is not prohibited. 7 The bill creates a third exception to illegal electronic and 8 mechanical eavesdropping by permitting the use of a monitoring 9 device. 10 The bill defines “monitoring device” to mean a digital video 11 or audio streaming or recording device that records, listens 12 to, or otherwise intercepts video or audio communications 13 placed outside of a person’s dwelling or other structure that 14 is not in a shared hallway and is on real property owned or 15 leased by the person. 16 -2- LSB 5626YH (2) 87 jm/rh 2/ 2