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Sub. H. B. No. 535 As Passed by the HouseAs Passed by the House
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Sears, Adams, J., Grossman, Maag, McClain, Roegner, Ruhl, Thompson, Phillips, Reece, Stinziano, Bubp, Letson, Amstutz, Baker, Barnes, Beck, Blair, Boose, Boyce, Carney, Derickson, DeVitis, Dovilla, Duffey, Hackett, Hagan, C., Hall, Hayes, Johnson, Kozlowski, Lynch, Mallory, Martin, McGregor, Milkovich, Murray, Newbold, O'Brien, Patmon, Pillich, Scherer, Schuring, Smith, Stebelton, Uecker, Wachtmann, Winburn, Young Speaker Batchelder
A BILL
To amend section 2933.52 of the Revised Code to
exempt under certain circumstances a parent or a
person acting in loco parentis from the
prohibition of the interception of wire, oral, or
electronic communications.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2933.52 of the Revised Code be
amended to read as follows:
Sec. 2933.52. (A) No person purposely shall do any of the
following:
(1) Intercept, attempt to intercept, or procure another
person to intercept or attempt to intercept a wire, oral, or
electronic communication;
(2) Use, attempt to use, or procure another person to use or
attempt to use an interception device to intercept a wire, oral,
or electronic communication, if either of the following applies:
(a) The interception device is affixed to, or otherwise
transmits a signal through, a wire, cable, satellite, microwave,
or other similar method of connection used in wire communications;
(b) The interception device transmits communications by
radio, or interferes with the transmission of communications by
radio.
(3) Use, or attempt to use, the contents of a wire, oral, or
electronic communication, knowing or having reason to know that
the contents were obtained through the interception of a wire,
oral, or electronic communication in violation of sections 2933.51
to 2933.66 of the Revised Code.
(B) This section does not apply to any of the following:
(1) The interception, disclosure, or use of the contents, or
evidence derived from the contents, of an oral, wire, or
electronic communication that is obtained through the use of an
interception warrant issued pursuant to sections 2933.53 to
2933.56 of the Revised Code, that is obtained pursuant to an oral
approval for an interception granted pursuant to section 2933.57
of the Revised Code, or that is obtained pursuant to an order that
is issued or an interception that is made in accordance with
section 802 of the "Omnibus Crime Control and Safe Streets Act of
1968," 82 Stat. 237, 254, 18 U.S.C. 2510 to 2520 (1968), as
amended, the "Electronic Communications Privacy Act of 1986," 100
Stat. 1848-1857, 18
U.S.C. 2510-2521 (1986), as amended, or the
"Foreign Intelligence Surveillance Act," 92 Stat. 1783, 50 U.S.C.
1801.11 (1978), as amended;
(2) An operator of a switchboard, or an officer, employee, or
agent of a provider of wire or electronic communication service,
whose facilities are used in the transmission of a wire or
electronic communication to intercept, disclose, or use that
communication in the normal course of employment while engaged in
an activity that is necessary to the rendition of service or to
the protection of the rights or property of the provider of that
service, except that a provider of wire or electronic
communication service to the public shall not utilize service
observing or random monitoring except for mechanical or service
quality control checks;
(3) A law enforcement officer who intercepts a wire, oral, or
electronic communication, if the officer is a party to the
communication or if one of the parties to the communication has
given prior consent to the interception by the officer;
(4) A person who is not a law enforcement officer and who
intercepts a wire, oral, or electronic communication, if the
person is a party to the communication or if one of the parties to
the communication has given the person prior consent to the
interception, and if the communication is not intercepted for the
purpose of committing a criminal offense or tortious act in
violation of the laws or Constitution of the United States or this
state or for the purpose of committing any other injurious act;
(5) An officer, employee, or agent of a communications common
carrier providing information, facilities, or technical assistance
to an investigative officer who is authorized to intercept a wire,
oral, or electronic communication pursuant to sections 2933.51 to
2933.66 of the Revised Code;
(6) The use of a pen register in accordance with federal or
state law;
(7) The use of a trap and trace device in accordance with
federal or state law;
(8) A police, fire, or emergency communications system to
intercept wire communications coming into and going out of the
communications system of a police department, fire department, or
emergency center, if both of the following apply:
(a) The telephone, instrument, equipment, or facility is
limited to the exclusive use of the communication system for
administrative purposes;
(b) At least one telephone, instrument, equipment, or
facility that is not subject to interception is made available for
public use at each police department, fire department, or
emergency center.
(9) The interception or accessing of an electronic
communication made through an electronic communication system that
is configured so that the electronic communication is readily
accessible to the general public.
(10) The interception of a radio communication that is
transmitted by any of the following:
(a) A station for the use of the general public;
(b) A governmental, law enforcement, civil defense, private
land mobile, or public safety communications system, including a
police or fire system, that is readily accessible to the general
public;
(c) A station operating on an authorized frequency within the
bands allocated to the amateur, citizen
citizens band, or general
mobile radio services;
(d) A marine or aeronautical communications system.
(11) The interception of a radio communication that relates
to a ship, aircraft, vehicle, or person in distress.
(12) The interception of a wire or electronic communication
the transmission of which is causing harmful interference to a
lawfully operating station or consumer electronic equipment, to
the extent necessary to identify the source of that interference.
(13) Other users of the same frequency to intercept a radio
communication made through a system that utilizes frequencies
monitored by individuals engaged in the provision or the use of
that system, if the communication is not scrambled or encrypted.
(14) A parent of a minor child or a person acting in loco
parentis of a minor child, including but not limited to a
guardian, custodian, grandparent acting under a power of attorney
created under section 3109.52 of the Revised Code, with respect to
any wire, oral, or electronic communication in which the minor
child participates or of which the minor child is a recipient or
intended recipient if the interception is made in good faith for
the protection of the child.
(C) Whoever violates this section is guilty of interception
of wire, oral, or electronic communications, a felony of the
fourth degree.
Section 2. That existing section 2933.52 of the Revised Code
is hereby repealed.
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