Bill Summaries: S367 (2023-2024 Session)

Tracking:
  • Summary date: Mar 23 2023 - View summary

    Expands GS 15A-287, which makes it a Class H felony to intercept and use or disclose any wire, oral, or electronic communication without the consent of at least one party to the communication. Now provides for the described action to constitute the felony offense unless the person obtained prior consent of all parties to the communication. Adds to the activities that are deemed to not be unlawful: (1) for an investigative or law enforcement officer or a person acting under their direction to intercept a wire, oral, or electronic communication when the officer or person is a party to the communication, or one of the parties has given prior consent, and the purpose of the interception is to obtain criminal evidence; (2) for a law enforcement officer to intercept a communication as part of making a recording from a body-worn camera or a dashboard camera during the course of the officer's official duties; (3) for a telephone company employee to intercept a wire communication for the sole purpose of tracing its origin when requested by the recipient of the communication who alleges the communication to be obscene, harassing, or threatening; requires the employee to notify authorities within 48 hours of the interception; and (4) for a public utility employee or law enforcement agency, fire department, ambulance company, or other emergency medical services provider to intercept or disclose a communication when receiving or responding to an emergency call while engaged in any activity which is incident to their services or the protection of life or property. Makes technical and clarifying changes; makes language gender neutral. Applies to offenses committed on or after December 1, 2023.