HF 2392 (LSB 5626HV (2) 87)

HOUSE FILE 2392

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HF 2091)

A BILL FOR

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 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. 
   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 renter 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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to illegal electronic and mechanical eavesdropping, and the interception of communications.
   Currently, it is a serious misdemeanor for a person to tap into or connect a listening or recording device to any telephone or other communication wire, or through electronic or mechanical means to listen to, record, or otherwise intercept a conversation or communication of any kind.
   Under current law, there are two exceptions to the criminal offense of illegal electronic and mechanical eavesdropping. First, the sender or recipient of a message or a person who is openly present and participating in or listening to a communication is not prohibited from recording such a message or communication. Second, the use of any radio or television receiver to receive any communication transmitted by radio or wireless signal is not prohibited.
   The bill creates a third exception to illegal electronic and mechanical eavesdropping by permitting the use of a monitoring device.
   The bill defines “monitoring device” to mean a digital video or audio streaming or recording device that records, listens to, or otherwise intercepts video or audio communications 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.
   The bill amends Code section 808B.2 relating to unlawful acts when intercepting a wire, oral, or electronic communication. A person who commits such an unlawful act commits a class “D” felony.
   It is not an unlawful act under the bill if a person who is an owner or lessee of real property intercepts an oral communication and all of the following apply: 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; the surveillance system is installed with the knowledge and consent of all lawful owners or lessees of the real property; and 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.