Senate
File
2337
-
Introduced
SENATE
FILE
2337
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
2189)
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
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2337
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
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2337
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
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