Senate File 75 - Introduced SENATE FILE 75 BY KINNEY A BILL FOR An Act relating to the interception of communications and civil 1 damages, civil and criminal immunity, and injunctive relief. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1341XS (2) 89 as/rh

S.F. 75 Section 1. Section 808B.8, subsection 1, paragraphs a and b, 1 Code 2021, are amended to read as follows: 2 a. Have a civil cause of action against any person 3 investigative or law enforcement officer or special state agent 4 who intercepts, discloses, or uses or procures any other person 5 to intercept, disclose, or use such communications. 6 b. Be entitled to recover from any such person investigative 7 or law enforcement officer or special state agent all of the 8 following: 9 (1) Actual damages, but not less than liquidated damages 10 computed at the rate of one hundred dollars a day for each day 11 of violation, or one thousand dollars, whichever is higher. 12 (2) Punitive damages upon a finding of a willful, malicious, 13 or reckless violation of this chapter . 14 (3) A reasonable attorney fee and other litigation costs 15 reasonably incurred. 16 Sec. 2. Section 808B.8, subsection 3, Code 2021, is amended 17 to read as follows: 18 3. A person whose wire, oral, or electronic communication is 19 intercepted, disclosed, or used in violation of this chapter 20 may seek an injunction, either temporary or permanent, against 21 any person investigative or law enforcement officer or special 22 state agent who violates this chapter . 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to the interception of communications 27 and civil damages, civil and criminal immunity, and 28 injunctive relief under Code chapter 808B (interception of 29 communications). 30 Current law provides that a person whose wire, oral, or 31 electronic communication is intercepted, disclosed, or used 32 in violation of Code chapter 808B has a civil cause of action 33 against any person who intercepts, discloses, or uses or 34 procures any other person to intercept, disclose, or use such 35 -1- LSB 1341XS (2) 89 as/rh 1/ 2

S.F. 75 communications. The person is entitled to recover from any 1 such person all of the following: actual damages, but not less 2 than liquidated damages computed at the rate of $100 per day 3 for each day of violation, or $1,000, whichever is higher; 4 punitive damages upon a finding of a willful, malicious, or 5 reckless violation of Code chapter 808B; and a reasonable 6 attorney fee and other litigation costs reasonably incurred. 7 A good faith reliance on a court order constitutes a complete 8 defense to any civil or criminal action. A person whose wire, 9 oral, or electronic communication is intercepted, disclosed, or 10 used in violation of Code chapter 808B may seek an injunction, 11 either temporary or permanent, against any person who violates 12 the Code chapter. 13 The bill provides that a person whose wire, oral, or 14 electronic communication is intercepted, disclosed, or used 15 in violation of Code chapter 808B has a civil cause of action 16 against only an investigative or law enforcement officer or 17 a special state agent who intercepts, discloses, or uses or 18 procures any other person to intercept, disclose, or use such 19 communications, and is entitled to recover from any such 20 investigative or law enforcement officer or special state 21 agent actual damages, punitive damages, a reasonable attorney 22 fee, and other reasonable litigation costs provided under 23 current law. A person whose communication is intercepted, 24 disclosed, or used in violation of Code chapter 808B may seek 25 an injunction against only an investigative or law enforcement 26 officer or special state agent who violates the Code chapter. 27 -2- LSB 1341XS (2) 89 as/rh 2/ 2