House
File
2392
-
Reprinted
HOUSE
FILE
2392
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HF
2091)
(As
Amended
and
Passed
by
the
House
February
22,
2018
)
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
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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
lessee
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
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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
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