130th Ohio General Assembly
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Sub. H. B. No. 535  As Passed by the House
As Passed by the House

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 535


Representative Hill 

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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