Senate File 2189 - Introduced SENATE FILE 2189 BY SINCLAIR 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 5021XS (3) 87 jm/rj

S.F. 2189 Section 1. Section 727.8, Code 2018, is amended to read as 1 follows: 2 727.8 Electronic and mechanical eavesdropping. 3 1. As used in this section “security listening or recording 4 device” means a device that listens to, records, or otherwise 5 intercepts audio conversations or communications in order to 6 prove or prevent criminal activity. 7 2. Any person, having no right or authority to do so, who 8 taps into or connects a listening or recording device to any 9 telephone or other communication wire, or who by any electronic 10 or mechanical means listens to, records, or otherwise 11 intercepts a conversation or communication of any kind, commits 12 a serious misdemeanor ; provided, that the . 13 3. This section does not apply to any of the following: 14 a. The recording by a sender or recipient of a message or 15 one who is openly present and participating in or listening to 16 a communication shall not be prohibited hereby from recording 17 such message or communication ; and further provided, that 18 nothing herein shall restrict the . 19 b. The use of any radio or television receiver to receive 20 any communication transmitted by radio or wireless signal. 21 c. The use of a security listening or recording device 22 that listens to, records, or otherwise intercepts audio 23 conversations or communications. 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 5021XS (3) 87 jm/rj 1/ 2

S.F. 2189 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 security 9 listening or recording device that listens to, records, or 10 otherwise intercepts audio conversations or communications. 11 The bill defines “security listening or recording device” to 12 mean a device that listens to, records, or otherwise intercepts 13 audio conversations or communications in order to prove or 14 prevent criminal activity. 15 -2- LSB 5021XS (3) 87 jm/rj 2/ 2