PREFILED    DEC 08 2023

REFERENCE TITLE: recordings; disclosure

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

HB 2038

Introduced by

Representatives Cook: Hendrix

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:

START_STATUTE13-3005. 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. END_STATUTE