Sec. 1. 15 MRSA §709, sub-§4, as amended by PL 1979, c. 701, §11, is further amended to read:

4. Intercept. "Intercept" means to hear, record or aid another to hear or record the contents of any a wire or oral communication through the use of any an intercepting device by any a person other than:

A. The sender or receiver of that communication, if the sender and the receiver both agree to the interception of their communication, except that if the receiver is a law enforcement officer performing official duties or an employee of the Department of Human Services investigating an abuse and neglect case pursuant to Title 22, section 4004, subsection 2, the sender need not agree to the interception of their communication;

B. A person within the range of normal unaided hearing or subnormal hearing corrected to not better than normal; or

C. A person given prior authority by both the sender or and the receiver, except that if the receiver is a law enforcement officer performing official duties or an employee of the Department of Human Services investigating an abuse and neglect case pursuant to Title 22, section 4004, subsection 2, the sender need not agree to the interception of their communication.

SUMMARY

This bill amends law regarding interception of wire and oral communications by requiring both the sender and the receiver to agree to the recording of their communication. This requirement does not apply if the receiver is a law enforcement officer performing official duties or an employee of the Department of Human Services investigating an abuse and neglect case.