Current Status Introducing Body:House Bill Number:4452 Primary Sponsor:Quinn Committee Number:11 Type of Legislation:GB Subject:Telephones, eavesdropping unlawful Residing Body:Senate Current Committee:Judiciary Computer Document Number:DKA/3673.AL Introduced Date:Feb 25, 1992 Date of Last Amendment:May 06, 1992 Last History Body:Senate Last History Date:May 12, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Quinn Wright Riser Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4452 Senate May 12, 1992 Introduced, read first time, 11
referred to Committee
4452 House May 07, 1992 Read third time, sent to
Senate
4452 House May 06, 1992 Amended, read second time
4452 House Apr 23, 1992 Recalled from Committee 25
4452 House Feb 25, 1992 Introduced, read first time, 25
referred to Committee
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AMENDED
May 6, 1992
H. 4452
S. Printed 5/6/92--H.
Read the first time February 25, 1992.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-475 SO AS TO PROHIBIT EAVESDROPPING ON CELLULAR OR CORDLESS TELEPHONES AND CELLULAR RADIO TELEPHONES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-17-475. (A) It is unlawful for a person, wilfully and without the consent of all parties to the communication, to intercept, receive, or assist in intercepting or receiving a communication transmitted between cellular radio telephones or between a cellular radio telephone and a landline telephone.
(B) It is unlawful for a person, wilfully and without the consent of all parties to the communication, to intercept, receive, or assist in intercepting or receiving a communication transmitted between a cordless telephone and a landline telephone or between a cordless telephone and a cellular telephone. `Cordless telephone' means a two-way low power communication system consisting of two parts, a `base' unit which connects to the public switched telephone network, and a handset or `remote' unit, which are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, fined not more than twenty-five hundred dollars or imprisoned not more than one year, or both;
(2) for a second or subsequent offense, fined not more than ten thousand dollars or imprisoned not more than one year, or both.
(D) This section does not apply to:
(1) a public utility engaged in the business of providing communications services and facilities, or its officers, employees, or agents when the acts are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility;
(2) the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility;
(3) a telephonic communications system used for communication exclusively within a state, county, city, or correctional facility."
SECTION 2. This act takes effect upon approval by the Governor.