Georgia Senate - 1995/1996 Sessions

SB 74 - Wiretapping - unlawful w/out consent of other party

Page Numbers - 1/ 2

Code Sections - 16-11-62

1. Abernathy  38th        2. Scott  36th             3. Walker  22nd
4. Ray  19th


Senate Comm: Judy       /         House Comm: Judy       /                                          
Senate Vote: Yeas 52    Nays 0                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/12/95   Read 1st time          3/7/95                                                
             2/28/95   Favorably Reported                                                           
             Sub       Committee Amend/Sub                                                          
             3/1/95    Read 2nd Time          3/8/95                                                
             3/6/95    Read 3rd Time                                                                
             3/6/95    Passed/Adopted                                                               
             CS        Comm/Floor Amend/Sub                                                         
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended: 16-11-62, 16-11-66                                                           


SB 74 95                                         LC 19 2499S
                                                       (SCS)
      SENATE BILL 74

      By:  Senators Abernathy of the 38th, Scott of the 36th,
           Walker of the 22nd and Ray of the 19th

                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Part 1 of Article 3 of Chapter 11 of Title 16 of
  1- 2  the Official Code of Georgia Annotated, relating to
  1- 3  wiretapping, eavesdropping, surveillance, and related
  1- 4  offenses, so as to provide that it shall be unlawful for any
  1- 5  person to use the content or substance of any private
  1- 6  message intercepted lawfully in tortious interference with
  1- 7  business relations; to repeal conflicting laws; and for
  1- 8  other purposes.

  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-10  Part 1 of Article 3 of Chapter 11 of Title 16 of the
  1-11  Official Code of Georgia Annotated, relating to wiretapping,
  1-12  eavesdropping, surveillance, and related offenses, is
  1-13  amended by striking Code Section 16-11-62, relating to
  1-14  eavesdropping, surveillance, or intercepting communication
  1-15  which invades the privacy of another, and inserting in lieu
  1-16  thereof a new Code Section 16-11-62 to read as follows:

  1-17    "16-11-62. (Index)

  1-18    It shall be unlawful for:

  1-19      (1) Any person in a clandestine manner intentionally to
  1-20      overhear, transmit, or record or attempt to overhear,
  1-21      transmit, or record the private conversation of another
  1-22      which shall originate in any private place;

  1-23      (2) Any person, through the use of any instrument or
  1-24      apparatus, without the consent of all persons observed,
  1-25      to observe, photograph, or record the activities of
  1-26      another which occur in any private place and out of
  1-27      public view; provided, however, that it shall not be
  1-28      unlawful to use any camera, photographic equipment,
  1-29      videotape equipment, or other devices to observe,
  1-30      photograph, or record the activities of persons
  1-31      incarcerated in any jail, correctional institution, or
  1-32      any other facility in which persons who are charged with


                              S. B. 74
                                 -1- (Index)

                                                 LC 19 2499S

  2- 1      or who have been convicted of the commission of a crime
  2- 2      are incarcerated, provided that such equipment shall not
  2- 3      be used while the prisoner is discussing his or her case
  2- 4      with his or her attorney;

  2- 5      (3) Any person to go on or about the premises of another
  2- 6      or any private place for the purpose of invading the
  2- 7      privacy of others another by eavesdropping upon their
  2- 8      his or her conversations or secretly observing their his
  2- 9      or her activities;

  2-10      (4) Any person intentionally and secretly to intercept
  2-11      by the use of any device, instrument, or apparatus the
  2-12      contents of a message sent by telephone, telegraph,
  2-13      letter, facsimile, or by any other means of private
  2-14      communication;

  2-15      (5) Any person to use the content or substance of any
  2-16      private message intercepted lawfully in the manner
  2-17      provided for in Code Section 16-11-64, 16-11-65, or
  2-18      16-11-66 in tortious interference with business
  2-19      relations.

  2-20      (5)(6) Any person to divulge to any unauthorized person
  2-21      or authority the content or substance of any private
  2-22      message intercepted lawfully in the manner provided for
  2-23      in Code Section 16-11-65; or

  2-24      (6)7 Any person to commit any other acts of a nature
  2-25      similar to those set out in paragraphs (1) through (5)
  2-26      of this Code section which invade the privacy of
  2-27      another."

                         SECTION 2.

  2-28  All laws and parts of laws in conflict with this Act are
  2-29  repealed.














                              S. B. 74
                                 -2- (Index)