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Senate File 75 - IntroducedA Bill ForAn Act 1relating to the interception of communications and civil
2damages, civil and criminal immunity, and injunctive relief.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 808B.8, subsection 1, paragraphs a and b,
2Code 2021, are amended to read as follows:
3a. Have a civil cause of action against any person
4 investigative or law enforcement officer or special state agent
5 who intercepts, discloses, or uses or procures any other person
6to intercept, disclose, or use such communications.
7b. Be entitled to recover from any such person investigative
8or law enforcement officer or special state agent all of the
9following:
10(1) Actual damages, but not less than liquidated damages
11computed at the rate of one hundred dollars a day for each day
12of violation, or one thousand dollars, whichever is higher.
13(2) Punitive damages upon a finding of a willful, malicious,
14or reckless violation of this chapter.
15(3) A reasonable attorney fee and other litigation costs
16reasonably incurred.
17 Sec. 2. Section 808B.8, subsection 3, Code 2021, is amended
18to read as follows:
193. A person whose wire, oral, or electronic communication is
20intercepted, disclosed, or used in violation of this chapter
21may seek an injunction, either temporary or permanent, against
22any person investigative or law enforcement officer or special
23state agent who violates this chapter.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to the interception of communications
28and civil damages, civil and criminal immunity, and
29injunctive relief under Code chapter 808B (interception of
30communications).
31Current law provides that a person whose wire, oral, or
32electronic communication is intercepted, disclosed, or used
33in violation of Code chapter 808B has a civil cause of action
34against any person who intercepts, discloses, or uses or
35procures any other person to intercept, disclose, or use such
-1-1communications. The person is entitled to recover from any
2such person all of the following: actual damages, but not less
3than liquidated damages computed at the rate of $100 per day
4for each day of violation, or $1,000, whichever is higher;
5punitive damages upon a finding of a willful, malicious, or
6reckless violation of Code chapter 808B; and a reasonable
7attorney fee and other litigation costs reasonably incurred.
8A good faith reliance on a court order constitutes a complete
9defense to any civil or criminal action. A person whose wire,
10oral, or electronic communication is intercepted, disclosed, or
11used in violation of Code chapter 808B may seek an injunction,
12either temporary or permanent, against any person who violates
13the Code chapter.
14The bill provides that a person whose wire, oral, or
15electronic communication is intercepted, disclosed, or used
16in violation of Code chapter 808B has a civil cause of action
17against only an investigative or law enforcement officer or
18a special state agent who intercepts, discloses, or uses or
19procures any other person to intercept, disclose, or use such
20communications, and is entitled to recover from any such
21investigative or law enforcement officer or special state
22agent actual damages, punitive damages, a reasonable attorney
23fee, and other reasonable litigation costs provided under
24current law. A person whose communication is intercepted,
25disclosed, or used in violation of Code chapter 808B may seek
26an injunction against only an investigative or law enforcement
27officer or special state agent who violates the Code chapter.
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2damages, civil and criminal immunity, and injunctive relief.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 808B.8, subsection 1, paragraphs a and b,
2Code 2021, are amended to read as follows:
3a. Have a civil cause of action against any person
4 investigative or law enforcement officer or special state agent
5 who intercepts, discloses, or uses or procures any other person
6to intercept, disclose, or use such communications.
7b. Be entitled to recover from any such person investigative
8or law enforcement officer or special state agent all of the
9following:
10(1) Actual damages, but not less than liquidated damages
11computed at the rate of one hundred dollars a day for each day
12of violation, or one thousand dollars, whichever is higher.
13(2) Punitive damages upon a finding of a willful, malicious,
14or reckless violation of this chapter.
15(3) A reasonable attorney fee and other litigation costs
16reasonably incurred.
17 Sec. 2. Section 808B.8, subsection 3, Code 2021, is amended
18to read as follows:
193. A person whose wire, oral, or electronic communication is
20intercepted, disclosed, or used in violation of this chapter
21may seek an injunction, either temporary or permanent, against
22any person investigative or law enforcement officer or special
23state agent who violates this chapter.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to the interception of communications
28and civil damages, civil and criminal immunity, and
29injunctive relief under Code chapter 808B (interception of
30communications).
31Current law provides that a person whose wire, oral, or
32electronic communication is intercepted, disclosed, or used
33in violation of Code chapter 808B has a civil cause of action
34against any person who intercepts, discloses, or uses or
35procures any other person to intercept, disclose, or use such
-1-1communications. The person is entitled to recover from any
2such person all of the following: actual damages, but not less
3than liquidated damages computed at the rate of $100 per day
4for each day of violation, or $1,000, whichever is higher;
5punitive damages upon a finding of a willful, malicious, or
6reckless violation of Code chapter 808B; and a reasonable
7attorney fee and other litigation costs reasonably incurred.
8A good faith reliance on a court order constitutes a complete
9defense to any civil or criminal action. A person whose wire,
10oral, or electronic communication is intercepted, disclosed, or
11used in violation of Code chapter 808B may seek an injunction,
12either temporary or permanent, against any person who violates
13the Code chapter.
14The bill provides that a person whose wire, oral, or
15electronic communication is intercepted, disclosed, or used
16in violation of Code chapter 808B has a civil cause of action
17against only an investigative or law enforcement officer or
18a special state agent who intercepts, discloses, or uses or
19procures any other person to intercept, disclose, or use such
20communications, and is entitled to recover from any such
21investigative or law enforcement officer or special state
22agent actual damages, punitive damages, a reasonable attorney
23fee, and other reasonable litigation costs provided under
24current law. A person whose communication is intercepted,
25disclosed, or used in violation of Code chapter 808B may seek
26an injunction against only an investigative or law enforcement
27officer or special state agent who violates the Code chapter.
-2-as/rh