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ND HB1392

Bill

Status

Introduced

1/17/2011

Primary Sponsor

Kenton Onstad

Click for details

Origin

House of Representatives

62nd Legislative Assembly

AI Summary

  • Amends North Dakota Century Code Section 12.1-15-02 to update language related to criminal penalties for intercepting wire or oral communications and eavesdropping.

  • Maintains class C felony charge for intentionally intercepting any wire or oral communication by electronic, mechanical, or other device, or intentionally disclosing/using contents of such communications.

  • Maintains class A misdemeanor charge for secretly loitering about a building to overhear discourse or conversation with intent to repeat or publish the information to vex, annoy, or injure others.

  • Updates statutory language to clarify that law enforcement actors must be a party to the communication or have prior consent from all parties before interception, replacing "prior consent to such" with "before the interception."

  • Adds requirement that when all parties consent to interception, the communication must not have been intercepted for the purpose of committing a crime or other unlawful harm.

Legislative Description

The interception of a wire or oral communication.

Last Action

Second reading, failed to pass, yeas 8 nays 84

2/11/2011

Committee Referrals

Judiciary1/17/2011

Full Bill Text

No bill text available