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Old 06-15-2012, 6:33 AM
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Default Tn scanner law

SB2545
01087771
-1-
HOUSE BILL 2506
By Matlock
SENATE BILL 2545
By Bunch
AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 13, Part 6, relative to the possession of
certain electronic devices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter ,13 Part 6, is amended by
adding the following as a new section:
Section 39-13-608.
(a) As used in this section, "radio" means any device capable of receiving
a wireless voice transmission on any frequency allocated by the federal
communications commission of the United States for police or other law
enforcement, fire fighting, emergency medical, federal, state, local corrections or
homeland security purposes, or any other device capable of transmitting and
receiving a wireless voice transmission.
(b)
(1) It is an offense for a person who has one (1) or more prior
felony convictions within the previous five (5) years to knowingly carry or
possess a radio.
(2) This subsection does not apply to a person who is licensed as
an amateur radio operator by the federal communications commission.
(c) It is an offense for a person to knowingly carry or possess a radio
during the commission or attempted commission of a crime, or the immediate
flight from the commission or attempted commission of a crime.
- 2 - 01087771
(d) It is an offense for a person to knowingly intercept any message or
transmission made on or over any device used for police or other law
enforcement, fire fighting, emergency medical, federal, state, local corrections or
homeland security purposes, if the information intercepted is used:
(1) By that person, or another person who is the recipient of the
information, to commit or facilitate the commission of, or attempt to
commit, a crime, or the immediate flight there from; or
(2) In a manner which interferes with the discharge of police or
other law enforcement, fire fighting, emergency medical, federal, state,
local corrections or homeland security duties or purposes.
(e) This section shall not apply to the use of radar detectors.
(f)
(1) A violation of subsection (b) or (d) is a Class A misdemeanor.
(2) If the violation of subsection (c) occurs during the commission,
attempted commission, or the immediate flight from the or attempted
commission of a Class C or B misdemeanor, such violation is a Class A
misdemeanor.
(3) If the violation of subsection (c) occurs during the commission,
attempted commission, or the immediate flight from the commission or
attempted commission of a Class A misdemeanor or any classification of
felony, such violation is a Class E felony.
SECTION 2. This act shall take effect July 1, 2010, the public welfare requiring it.
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Old 06-15-2012, 9:09 PM
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I am not a lawyer nor do I play one on TV,
However as I read the law.


They just outlawed carrying a cell-phone or having a radio or TV or even a computer with 802.xx if you have a felony conviction. Or are speeding down the highway.....

I love law makers that have no idea what they are doing.

Look for a knock-down when it hits the courts.

Bruce
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Old 06-16-2012, 8:05 AM
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Apparently it didn't pass in the posted form... this is from the LexisNexis TCA website LexisNexis® Custom Solution: Tennessee Code Research Tool

Quote:
*** CURRENT THROUGH THE 2011 REGULAR SESSION ***
Title 39 Criminal Offenses
Chapter 13 Offenses Against Person
Part 6 Invasion of Privacy
Tenn. Code Ann. § 39-13-608 (2012)

39-13-608. Offense of interception of radio frequency transmission to flee from criminal offense.

(a) It is an offense for a person to knowingly intercept any radio frequency transmission with the intent to use the intercepted transmission to commit, facilitate, or aid in the flight from a criminal offense.

(b) For purposes of this section, "radio frequency transmission" means any radio transmission made by a law enforcement, fire fighting, emergency medical, federal, state or local corrections or homeland security official during the course of the official's duties.

(c) A violation of this section is a Class A misdemeanor.

HISTORY: Acts 2010, ch. 953, § 1.
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Old 06-16-2012, 9:14 AM
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This was the really dopey part of the first-posted draft of the law:

"or any other device capable of transmitting and
receiving a wireless voice transmission."

That's where the overkill occurred. Good thing they simplified it in the final form.
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Old 06-16-2012, 9:22 AM
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Quote:
Originally Posted by n0nhp View Post
However as I read the law.


They just outlawed carrying a cell-phone or having a radio or TV or even a computer with 802.xx if you have a felony conviction. Or are speeding down the highway.....

Bruce
thats funny.
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Old 06-16-2012, 9:31 AM
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802.xx is not a frequency, it is shorthand for an ITU approved wireless protocol for connecting a device to the internet.
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Old 06-16-2012, 9:58 AM
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You could also read between the lines and continue on to say that it could include the radios that taxi cabs have, tow trucks, delivery trucks, ham radio operators on the road and so on. Sounds like the definition still needs to be tweaked some more.
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Old 06-16-2012, 5:07 PM
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Quote:
Originally Posted by jim202 View Post
..... ham radio operators on the road and so on......
Nope, Section 2 exempts us.

(2) This subsection does not apply to a person who is licensed as
an amateur radio operator by the federal communications commission.
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Old 06-17-2012, 8:47 PM
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Nor does it apply to a person NOT breaking a law. So I think I'll stay mobile rather than getting a over rated Ham license. But I bet if a Ham engages in criminal activity and is caught with said police scanner they are good as busted reguardless what license they hold. And why should Hams be exempt? They have NO access to police bands nor can talk on police bands. Good riddence! Overkill.
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Old 06-17-2012, 10:10 PM
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From what I take it or a attorney can see/argue:

A) Only frequencies designated by the FCC as public safety, DHS, Federal. Unless the FCC sees wireless or internet by phone frequencies a way to hear the public safety bands a lawyer could get one off that part if they dont commit a crime and you get a mad trooper wanting to press it for no reason jsut because you have a cell phone listening to law enf and are not a felon. But Im sure any means to hear law enforcement are illegal if you are commiting a crime or act to avoid the police, scanner, two way, and cell phone or internet in a vehicle.

B) By way its worded, The average joe if a felon cannot have any device to hear the police on any public safety frequency or device that can hear radio transmissions in law enforecemet, fire, ems, DHS etc. It does not state however taxis, school buses, rail roads in it under a phone reciever (unless its DHS/Rail Police however they did not word this right and it could be argued with by a good attorney for a average joe felon listening to basic radio waves with a cell phone) Section 2 states if your a licensed HAM user and a felon, it section B-1 does not apply to you as your a licensed HAM radio operator designated by the FCC. Possibly a Federal law protecting felons who are licensed HAMS? Interesting.

C) States any one carrying a radio planning to, or commit a crime with a radio capable of recieving law enforcement, such as scanner would be a radio. however a good attorney could argue cell phones are not covered within this unless the FCC has designated cell phone frequencies within the list but the attorney could argue his client was browsing or listening to a web page where to begin with some one was streaming over police traffic and in a sense is illegal for the person doing so by repeating its air waves and not his clients problem. Just my thought on it how a attorney could argue it.

D) The rest is pretty much explained. Though they use "intercept" I would always figure this word could be argued as encryption, though it could also mean normal radio transmissions. A good TN attorney could pick at this whole law above Im guessing.
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Old 06-17-2012, 11:50 PM
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I am so glad I am not the only one confused over the wording of this law.
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Old 06-18-2012, 10:49 AM
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Why is everyone acting as if the first post is/will be the law? The Lexis post indicates that some smart person drafted the law down to a much simpler form which contains virtually none of the extraneous verbiage used in the first draft. Take the time to actually read what's been posted and then, if you feel the need, make a comment. There is no blanket prohibition about transmitters, nor is there any mention of a ham exemption in the Lexis draft.
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Old 06-29-2012, 11:37 AM
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Quote:
Originally Posted by W2NJS View Post
Why is everyone acting as if the first post is/will be the law? The Lexis post indicates that some smart person drafted the law down to a much simpler form which contains virtually none of the extraneous verbiage used in the first draft. Take the time to actually read what's been posted and then, if you feel the need, make a comment. There is no blanket prohibition about transmitters, nor is there any mention of a ham exemption in the Lexis draft.
Why is everyone even commenting on a failed bill whose senate sponsor, Bunch, is no longer in office ? KF4LHP already posted the current law.
The only additional restriction I'm aware of is in Davidson County. Even then, it isn't widely enforced.
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Old 06-30-2012, 12:12 AM
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Quote:
Originally Posted by n0nhp View Post
They just outlawed carrying a cell-phone or having a radio or TV or even a computer with 802.xx if you have a felony conviction.
Wow. If this had passed, there'd be A LOOOOOT of truckers on I-40 without a CB anymore.
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