|BILL AS INTRODUCED||2007-2008|
Introduced by Representative Peterson of Williston
Subject: Crimes and criminal procedure; illegal wiretapping
Statement of purpose: This bill proposes to prohibit wiretapping unless both parties consent. The prohibition would not apply to law enforcement officers and telecommunications company employees engaged in the lawful performance of their official duties.
AN ACT RELATING TO ILLEGAL WIRETAPPING
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 13 V.S.A. § 1031 is added to read:
§ 1031. ILLEGAL WIRETAPPING
(a) As used in this section:
(1) “Law enforcement officer” means a person certified by the Vermont criminal justice training council as having satisfactorily completed the approved training programs required to meet the minimum training standards applicable to that person pursuant to section 2358 of Title 20.
(2) “Wiretapping” means intentionally overhearing or recording a telephonic or other electronic communication by means of any instrument, device, or equipment.
(b) No person shall engage in wiretapping without the consent of all parties involved in the communication.
(c) This section shall not apply to:
(1) A law enforcement officer engaged in law enforcement duties.
(2) An agent or employee of a telecommunications company engaged in the ordinary course of business.
(d) A person who violates this section shall be imprisoned not more than one year or fined not more than $5,000.00, or both.
The Vermont General Assembly
115 State Street