2021 -- H 5735

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LC001623

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES – PUBLIC UTILITIES

     Introduced By: Representatives Fellela, Serpa, Phillips, Messier, Costantino, Perez, and
Cardillo

     Date Introduced: February 24, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-35-21 of the General Laws in Chapter 11-35 entitled "Public

Utilities" is hereby amended to read as follows:

     11-35-21. Unauthorized interception, disclosure or use of wire, electronic, or oral

communication.

     (a) Except as otherwise specifically provided in chapter 5.1 of title 12, any person: (1) who

willfully intercepts, attempts to intercept, or procures any other person to intercept or attempt to

intercept, any wire, electronic, or oral communication; (2) who willfully discloses or attempts to

disclose to any person the contents of any wire, electronic, or oral communication, knowing, or

having reason to know that the information was obtained through interception of a wire, electronic,

or oral communication in violation of this section; or (3) who willfully uses or attempts to use the

contents of any wire, electronic, or oral communication, knowing, or having reason to know, that

the information was obtained through interception of a wire, electronic, or oral communication in

violation of this section; shall be imprisoned for not more than five (5) years.

     (b) The provisions of subdivisions (a)(2) and (3) of this section shall not apply to the

contents of any wire, electronic, or oral communication, or evidence derived from those contents,

which has become common knowledge or public information.

     (c) It shall not be unlawful under this chapter for:

     (1) An operator of a switchboard, or an officer, agent, or employee of a communication

common carrier, whose facilities are used in the transmission of a wire, electronic, or oral

communication, to intercept, disclose, or use that communication in the normal course of his or her

employment while engaged in any activity which is a necessary incident to the rendition of his or

her service or to the protection of the rights or property of the carrier of the communication. No

communication common carrier shall utilize service observing or random monitoring except for

mechanical or service quality control checks;

     (2) A person acting under color of law to intercept a wire, electronic, or oral

communication, where that person is a party to the communication, or where one of the parties to

the communication has given prior consent to the interception; or

     (3) A person not acting under color of law to intercept a wire, electronic, or oral

communication, where the person is a party to the communication, and advises, notifies, or

somehow conveys to the other party or parties that they are recording the conversation and the other

party or parties consent to the recording of the conversation or one of the parties to the

communication has given prior consent to the interception unless the communication is intercepted

for the purpose of committing any criminal or tortious act in the violation of the constitution or

laws of the United States or of any state or for the purpose of committing any other injurious act.

     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 OFFENSES – PUBLIC UTILITIES

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     This act would require any person recording an oral communication, whether in person,

telephonically or otherwise, to inform the other party or parties that the communications are being

recorded.

     This act would take effect upon passage.

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LC001623

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