ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: TI DPA 7-3-1-0

HB2038: recordings; disclosure

Sponsor: Representative Cook, LD 7

House Engrossed

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.   Exempts, from a class 5 felony offense when a person intentionally records a wire or electronic communication without notice, a peace officer or a person acting at the direction of a peace officer during an investigation. (Sec. 1)

5.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes technical changes. (Sec. 1)

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9.                     HB 2038

10.  Initials LM           Page 0 House Engrossed

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