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House Engrossed
recordings; disclosure |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HOUSE BILL 2038 |
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An Act
amending section 13-3005, Arizona Revised Statutes; relating to recordings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3005, Arizona Revised Statutes, is amended to read:
13-3005. Interception of wire, electronic and oral communications; installation of pen register or trap and trace device; classification; exceptions
A. Except as provided in this section and section 13-3012, a person is guilty of a class 5 felony who either does any of the following:
1. Intentionally intercepts a wire or electronic communication to which he is not a party, or aids, authorizes, employs, procures or permits another to so do, without the consent of, AND NOTICE TO, either a sender or receiver thereof of the wire or electronic communication.
2. Intentionally intercepts a conversation or discussion at which he is not present, or aids, authorizes, employs, procures or permits another to so do, without the consent of, AND NOTICE TO, a party to such the conversation or discussion.
3. Intentionally intercepts the deliberations of a jury or aids, authorizes, employs, procures or permits another to so do.
4. intentionally records a wire or electronic communication without first providing notice to all of the parties.
B. Except as provided in sections 13-3012 and 13-3017, a person who intentionally and without lawful authority installs or uses a pen register or trap and trace device on the telephone lines or communications facilities of another person which that are utilized used for wire or electronic communication is guilty of a class 6 felony.
c. subsection a, paragraph 4 of THIS SECTION does not apply to a peace officer or a person acting at the direction of a peace officer during the course of an investigation.