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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3021 By: Worthen
AS INTRODUCED
An Act relating to common carriers; ame nding 13 O.S.
2021, Section 176.2, which re lates to the Security of
Communications Act; expanding scope of certain
definition; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 13 O.S. 2021, Section 176.2, is
amended to read as follows:
Section 176.2 As used in the Security of Communications Act:
1. "Aggrieved person" means a person who was a party to any
intercepted wire, oral or electronic communication or a person
against whom the interception was directed;
2. "Aural acquisition" means obtaining knowle dge of a
communication through the sense of hearing which is contemp oraneous
with the communication;
3. "Aural transfer" means a transfer containing the human voice
at any point between and including the point of origin and the point
of reception;
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4. "Communication common carrier " means, for the purposes of
the Security of Communications Act only, any telephone or telegraph
company, rural telephone cooperative, communications transmission
company or other public communicatio ns company under the laws of
this state;
5. "Communication facility " means any and all public and
private instrumentalities used or useful in the transmission of
writing, signs, signals, pictures, or sounds of all kinds and
includes mail, telephone, wire, radio, and all other means of
communication;
6. "Contents", when used with respect to any wire, o ral or
electronic communication, includes any information concerning the
substance, purport or meaning of that communication;
7. "Electronic communication " means any transfer of signs,
signals, writing, images, sounds, data, or intelligence of any
nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic or photooptical photo-optical
system, but does not include:
a. any wire or oral communic ation,
b. any communication made through a tone -only paging
device, or
c. any communication from a tracking device;
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8. "Electronic, mechanical or other device " means any device or
apparatus which can be used to intercept a wire, oral or electronic
communication other than:
a. any telephone or telegraph instrument, equipment or
facility or any component thereof furnished to the
subscriber or user by a communication common carrier
or other lawful supplier in the ordinary course of its
business which is being used by the subscriber or user
in the ordinary course of its business, or being used
by a communication common carrier in the ordinary
course of business or being used by a law enforcement
officer in the ordinary course of duties, or
b. a hearing aid or similar device being used to correct
subnormal hearing to not better than normal;
9. "Intercept" means the aural acquisition of the contents of
any wire, oral or electronic communication through the use of any
electronic, mechanical or other device;
10. "Judge of competent jurisdiction" means the Presiding Judge
of the Court of Criminal A ppeals or any other Judge of the Court of
Criminal Appeals designated by the Presiding Judge ;
11. "Law enforcement officer " means any person who is employed
by the United States, this sta te or political subdivision thereof
and is empowered by law to condu ct investigations of, or to make
arrests for, offenses enumerated in the Security of Communications
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Act or similar federal offenses and any attorney authorized by law
to prosecute or parti cipate in the prosecution of such offenses;
12. "Oral communication" means any communication uttered by a
person exhibiting an expectation that such communication is not
subject to interception under circumstance justifying such
expectation;
13. "Person" means any individual, partnership, association,
joint-stock company, trust, corporation or political subdivision
including an employee or agent thereof; and
14. "Wire communication" means any aural transfer made in whole
or in part through the use of fac ilities for the transmission of
communications by the aid of wire, c able or other like connection
between the point of origin and the point of reception , including
the use of such connection in a switching station, furnished or
operated by any person engag ed in providing or operating such
facilities for the transmission of intrastate, interstate or foreign
communications or communications affecting intrastate, interstate or
foreign commerce.
SECTION 2. This act shall become effective November 1, 2022.
58-2-9021 GRS 12/28/21