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HB 7001 — Intercepting and Recording Oral Communications

by Criminal Justice Subcommittee and Reps. Trujillo and Moskowitz (CS/SB 542 by Criminal Justice Committee and Senators Benacquisto and Simpson)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Criminal Justice Committee (CJ)

This bill creates an exception to the general prohibition against interceptions of oral communications. The bill allows a child who is under 18 years of age and a party to the communication to intercept and record an oral communication if:

  • The child is a party to the communication;
  • The child has reasonable grounds to believe that recording the communication will capture a statement by another party to the communication; and
  • The statement by the other party is that he or she intends to commit, is committing, or has committed an unlawful sexual act or an unlawful act of physical force or violence against the child.

If approved by the Governor, these provisions take effect July 1, 2015.

Vote: Senate 32-0; House 116-0