2022 -- H 7700

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LC005017

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- INTERCEPTION OF WIRE AND ORAL

COMMUNICATIONS

     

     Introduced By: Representatives McEntee, Craven, Caldwell, and Carson

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-5.1-1 of the General Laws in Chapter 12-5.1 entitled "Interception

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of Wire and Oral Communications" is hereby amended to read as follows:

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     12-5.1-1. Definitions.

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     As used in this chapter:

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     (1) "Aggrieved person" means an individual who was a party to any intercepted wire,

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electronic, or oral communication or against whom the interception was directed.

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     (2) "Communications common carrier" has the same meaning given the term "common

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carrier" by 47 U.S.C. ยง 153(11).

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     (3) "Contents," when used with respect to any wire, electronic, or oral communication,

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includes any information concerning the identity of the parties to that communication or the

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existence, substance, purport, or meaning of that communication.

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     (4) "Designated offense" means the offenses of:

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     (i) Murder, robbery, kidnapping, extortion, assault with a dangerous weapon, and assault

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with intent to rob or murder;

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     (ii) Arson in the first degree, arson in the second degree, or arson in the third degree;

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     (iii) Bribery or larceny involving the receipt of stolen property of a value of more than five

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hundred dollars ($500);

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     (iv) Any violation of chapter 28 of title 21 where the offense is punishable by imprisonment

 

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for more than one year;

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     (v) Any violation of chapters 19, 47, or 51 of title 11, where the offense is punishable by

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imprisonment for more than one year;

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     (vi) The lending of money at a rate of interest in violation of law;

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     (vii) Being a fugitive from justice for any of the offenses provided in this subdivision; and

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     (viii) Any violation of chapter 67.1 of title 11 where the offense is punishable by

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imprisonment for more than one year; and

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     (viii) (ix) Conspiracy to commit any of the offenses provided in this subdivision.

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     (5) "Electronic communication" means any transfer of signs, signals, writing, images,

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sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio,

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electromagnetic, photoelectronic or photooptical system, but does not include:

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     (i) Any wire or oral communication;

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     (ii) Any communication made through a tone-only paging device; or

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     (iii) Any communication from a tracking device.

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     (6) "Electronic communication service" means any service which provides to users the

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ability to send or receive wire or electronic communications.

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     (7) "Electronic, mechanical, or other device" means any device or apparatus which can be

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used to intercept wire, electronic, or oral communications other than:

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     (i) Any telephone or telegraph instrument, equipment, or facility or any component of

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telephone or telegraph instruments, equipment, or facilities, furnished to the subscriber or user by

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a provider of wire or electronic communication service in the ordinary course of its business, and

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being used by the subscriber or user in the ordinary course of business, or by an investigative or

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law enforcement officer in the ordinary course of his or her duties; or

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     (ii) A hearing aid or similar device which is being used to correct subnormal hearing to

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normal.

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     (8) "Intercept" means aural or other acquisition of the contents of any wire, electronic, or

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oral communication through the use of any electronic, mechanical, or other device.

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     (9) "Investigative or law enforcement officer" means any officer of the United States, this

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state, or a political subdivision of this state, who is empowered by law to conduct investigations of,

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or to make arrests for, the designated offenses, the attorney general, and his or her assistants.

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     (10) "Oral communications" means any oral communication uttered by a person exhibiting

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an expectation that the communication is not subject to interception under circumstances justifying

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that expectation, but the term does not include any electronic communication.

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     (11) "Person" means any individual, partnership, association, joint stock company, trust,

 

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or corporation, whether or not any of the foregoing is an officer, agent, or employee of the United

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States, a state, or a political subdivision of a state.

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     (12) "User" means any person or entity who:

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     (i) Uses an electronic communication service; and

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     (ii) Is duly authorized by the provider of the service to engage in that use; photooptical or

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photoelectronic facilities for the transmission of electronic communications, and any computer

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facilities or related electronic equipment for the electronic storage of the communications.

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     (13) "Wire communications" means any aural transfer made in whole or in part through

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the use of facilities for the transmission of communications by the aid of wire, cable, or other like

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connection between the point of origin and the point of reception, (including the use of the

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connection in a switching station) furnished or operated by any person engaged in providing or

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operating the facilities for the transmission of communications. The term includes any electronic

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storage of the communication.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- INTERCEPTION OF WIRE AND ORAL

COMMUNICATIONS

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     This act would add felony violations of uniform act on prevention of and remedies for

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human trafficking as a designated offense for an application for an order under the interception of

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wire and oral communications statute.

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     This act would take effect upon passage.

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