House File 2392 - Introduced HOUSE FILE 2392 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 2091) A BILL FOR An Act relating to electronic and mechanical eavesdropping, and 1 the interception of communications. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5626HV (2) 87 jm/rh

H.F. 2392 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 Sec. 2. Section 808B.2, subsection 2, Code 2018, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . d. It is not unlawful under this chapter 27 for a person who is the owner or renter of real property to 28 intercept an oral communication if the person intercepts the 29 oral communication under all of the following circumstances: 30 (1) The interception of the oral communication is made by a 31 surveillance system placed in or on the real property owned or 32 leased by the person. 33 (2) The surveillance system is installed with the knowledge 34 and consent of all lawful owners or lessees of the real 35 -1- LSB 5626HV (2) 87 jm/rh 1/ 3

H.F. 2392 property. 1 (3) The surveillance system is used for the purpose of 2 detecting or preventing criminal activity in or on the real 3 property owned or leased by the person or in an area accessible 4 to the general public in the immediate vicinity of the real 5 property owned or leased by the person. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to illegal electronic and mechanical 10 eavesdropping, and the interception of communications. 11 Currently, it is a serious misdemeanor for a person to 12 tap into or connect a listening or recording device to any 13 telephone or other communication wire, or through electronic or 14 mechanical means to listen to, record, or otherwise intercept a 15 conversation or communication of any kind. 16 Under current law, there are two exceptions to the criminal 17 offense of illegal electronic and mechanical eavesdropping. 18 First, the sender or recipient of a message or a person who 19 is openly present and participating in or listening to a 20 communication is not prohibited from recording such a message 21 or communication. Second, the use of any radio or television 22 receiver to receive any communication transmitted by radio or 23 wireless signal is not prohibited. 24 The bill creates a third exception to illegal electronic and 25 mechanical eavesdropping by permitting the use of a monitoring 26 device. 27 The bill defines “monitoring device” to mean a digital video 28 or audio streaming or recording device that records, listens 29 to, or otherwise intercepts video or audio communications 30 placed outside of a person’s dwelling or other structure that 31 is not in a shared hallway and is on real property owned or 32 leased by the person. 33 The bill amends Code section 808B.2 relating to unlawful 34 acts when intercepting a wire, oral, or electronic 35 -2- LSB 5626HV (2) 87 jm/rh 2/ 3

H.F. 2392 communication. A person who commits such an unlawful act 1 commits a class “D” felony. 2 It is not an unlawful act under the bill if a person who 3 is an owner or lessee of real property intercepts an oral 4 communication and all of the following apply: the interception 5 of the oral communication is made by a surveillance system 6 placed in or on the real property owned or leased by the 7 person; the surveillance system is installed with the knowledge 8 and consent of all lawful owners or lessees of the real 9 property; and the surveillance system is used for the purpose 10 of detecting or preventing criminal activity in or on the real 11 property owned or leased by the person or in an area accessible 12 to the general public in the immediate vicinity of the real 13 property owned or leased by the person. 14 -3- LSB 5626HV (2) 87 jm/rh 3/ 3