Bills › 89th General Assembly
Relating to the interception of communications and civil damages, civil and criminal immunity, and injunctive relief
Topics:Courts & civil law
Where it is now
- Done: IntroducedJanuary 13, 2021
- Done: SubcommitteeJanuary 14, 2021
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill relates to the interception of communications and civil damages, civil and criminal immunity, and injunctive relief under Code chapter 808B (interception of communications). communications. The person is entitled to recover from any such person all of the following: actual damages, but not less than liquidated damages computed at the rate of $100 per day for each day of violation, or $1,000, whichever is higher; punitive damages upon a finding of a willful, malicious, or reckless violation of Code chapter 808B; and a reasonable attorney fee and other litigation costs reasonably incurred.
Read the full explanation
A good faith reliance on a court order constitutes a complete defense to any civil or criminal action. A person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of Code chapter 808B may seek an injunction, either temporary or permanent, against any person who violates the Code chapter. The bill provides that a person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of Code chapter 808B has a civil cause of action against only an investigative or law enforcement officer or a special state agent who intercepts, discloses, or uses or procures any other person to intercept, disclose, or use such communications, and is entitled to recover from any such investigative or law enforcement officer or special state agent actual damages, punitive damages, a reasonable attorney fee, and other reasonable litigation costs provided under current law. A person whose communication is intercepted, disclosed, or used in violation of Code chapter 808B may seek an injunction against only an investigative or law enforcement officer or special state agent who violates the Code chapter.
Senate subcommittee
Named January 14, 2021. On February 9, 2021 it recommended amendment and passage.
- Sen. Craig Johnson REmail
- Sen. Kevin Kinney D
- Sen. J. Taylor
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part