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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
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HB2038: recordings; disclosure
Sponsor: Representative Cook, LD 7
Committee on Transportation & Infrastructure
Overview
Makes it a class 5 felony offense for a person to intentionally record a wire or electronic communication without first providing notice to all of the parties. Adds notice provisions to existing statutes making it a class 5 felony offense for a person to intentionally intercept either a wire or electronic communication to which the person is not a party or a conversation or discussion at which the person is not present.
History
A person is guilty of a class 5 felony who either intentionally intercepts:
1) 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 either a sender or receiver;
2) 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 a party to such conversation or discussion; or
3) the deliberations of a jury or aids, authorizes, employs, procures or permits another to so do.
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 are utilized for wire or electronic communication is guilty of a class 6 felony (A.R.S. § 13-3005).
Provisions
1. Mandates that a person is guilty of a class 5 felony who intentionally records a wire or electronic communication without first providing notice to all of the parties. (Sec. 1)
2. Clarifies that a person is guilty of a class 5 felony who intentionally intercepts a wire or electronic communication to which he is not party, or aids, authorizes, employs, procures or permits another to do so, without the consent of and notice to either a sender or receiver of the wire or electronic communication. (Sec. 1)
3. States that a person is guilty of a class 5 felony who intentionally intercepts a conversation or discussion at which he is not present, or aids, authorizes, employs, procures or permits another to do so, without the consent of and notice to either a party to the conversation or discussion. (Sec. 1)
4. Makes technical changes. (Sec. 1)
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8. HB 2038
9. Initials LM Page 0 Transportation & Infrastructure
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