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H0203aa..............................by JUDICIARY, RULES AND ADMINISTRATION
ANTI-CAMCORDER PIRACY ACT - Adds to existing law to set forth the Idaho
Anti-Camcorder Piracy Act; to provide a short title; to define terms; to
prohibit piracy; to authorize certain actions; to provide for immunity; and
to provide applicability.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
03/02 Rpt out - to Gen Ord
03/09 Rpt out amen - to engros
03/10 Rpt engros - 1st rdg - to 2nd rdg as amen
03/11 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 49-21-0
AYES -- Anderson, Barraclough, Bastian, Bedke, Bilbao, Black, Block,
Boe, Bolz, Bradford, Chadderdon, Collins, Crow, Deal, Denney,
Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
Hart(Jacobson), Harwood, Henderson, Jaquet, Jones, Kemp, LeFavour,
McGeachin, Miller, Nielsen, Nonini, Pasley-Stuart, Pence, Ring,
Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Skippen, Smith(30), Smylie, Snodgrass, Trail, Wills
NAYS -- Andrus, Barrett, Bayer, Bell, Cannon, Clark, Henbest, Lake,
Loertscher, Martinez, Mathews, McKague, Mitchell, Moyle, Raybould,
Ringo, Roberts, Smith(24), Stevenson, Wood, Mr. Speaker
Absent and excused -- None
Floor Sponsor - Henderson
Title apvd - to Senate
03/15 Senate intro - 1st rdg - to Jud
03/21 Rpt out - rec d/p - to 2nd rdg
03/22 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 34-0-0, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - Darrington
Title apvd - to House
03/24 To enrol
03/28 Rpt enrol - Sp signed
03/29 Pres signed
03/30 To Governor
04/01 Governor signed
Session Law Chapter 239
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 203
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO PIRACY; AMENDING TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW
3 CHAPTER 69, TITLE 18, IDAHO CODE, TO SET FORTH THE IDAHO ANTI-CAMCORDER
4 PIRACY ACT, TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO PROHIBIT PIRACY,
5 TO PROVIDE A PENALTY, TO PROVIDE FOR IMMUNITY AND TO PROVIDE APPLICABIL-
6 ITY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Title 18, Idaho Code, be, and the same is hereby amended
9 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
10 ter 69, Title 18, Idaho Code, and to read as follows:
11 CHAPTER 69
12 IDAHO ANTI-CAMCORDER PIRACY ACT
13 18-6901. SHORT TITLE. This chapter shall be known and may be cited as the
14 "Idaho Anti-Camcorder Piracy Act."
15 18-6902. DEFINITIONS. As used in this chapter:
16 (1) "Audiovisual recording function" means the capability of a device to
17 record or transmit a motion picture or any part thereof by means of any tech-
18 nology now known or later developed.
19 (2) "Motion picture theater" means a movie theater, screening room, or
20 other venue that is being utilized primarily for the exhibition of a motion
21 picture at the time of the offense.
22 18-6903. PROHIBITION AGAINST PIRACY. Any person who, without the written
23 consent of the motion picture theater owner, knowingly operates the audiovi-
24 sual recording function of any device in a motion picture theater while a
25 motion picture is being exhibited shall be guilty of a misdemeanor and upon
26 conviction shall be imprisoned for not more than one (1) year, fined not more
27 than five thousand dollars ($5,000), or shall be punished by both such fine
28 and imprisonment.
29 18-6904. IMMUNITY. The owner or lessee of a motion picture theater, or
30 the authorized agent or employee of such owner or lessee, who alerts law
31 enforcement authorities of an alleged violation of this chapter shall not be
32 liable in any civil action arising out of measures taken by such owner, les-
33 see, agent or employee in the course of detaining a person who the owner, les-
34 see, agent or employee in good faith believed violated this chapter while
35 awaiting the arrival of law enforcement authorities, unless the plaintiff can
36 show by clear and convincing evidence that such measures were manifestly
37 unreasonable or the period of detention was unreasonably long.
38 18-6905. APPLICABILITY. (1) This chapter does not prevent any lawfully
2
1 authorized investigative, law enforcement, protective, or intelligence-
2 gathering employee or agent of the federal government, the state or a politi-
3 cal subdivision of the state, from operating any audiovisual recording device
4 in a motion picture theater as part of lawfully authorized investigative, law
5 enforcement, protective, or intelligence-gathering activities.
6 (2) Nothing in this chapter shall prevent prosecution instead under other
7 applicable law providing a greater penalty.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Henderson
Seconded by Ellsworth
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 203
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 25, following "exhibited" insert:
3 "for the purpose of recording the motion picture being exhibited"; in line 29,
4 delete "IMMUNITY." and insert: "AUTHORIZED ACTIONS -- IMMUNITY. (1)"; in line
5 30, delete "lessee, who alerts law"; delete lines 31 through 37 and insert:
6 "lessee may request a person on his premises to place or keep in full view any
7 audiovisual recording device or related item such person may have operated, or
8 which the owner or lessee or authorized agent or employee of such owner or
9 lessee has reason to believe he may have operated, in violation of the provi-
10 sions of this chapter. No merchant shall be criminally or civilly liable on
11 account of having made such a request.
12 (2) The owner or lessee of a motion picture theater, or the authorized
13 agent or employee of such owner or lessee, who has reason to believe that any
14 audiovisual recording device or related item has been operated by a person in
15 violation of this chapter and that he can recover such audiovisual recording
16 device or related item by taking such a person into custody and detaining him
17 may, for the purpose of attempting to effect such recovery or for the purpose
18 of informing a peace officer of the circumstances of such detention, take the
19 person into custody and detain him, in a reasonable manner and for a reason-
20 able length of time.".
21 CORRECTION TO TITLE
22 On page 1, in line 5, following "PENALTY," insert: "TO AUTHORIZE CERTAIN
23 ACTIONS,".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 203, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO PIRACY; AMENDING TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW
3 CHAPTER 69, TITLE 18, IDAHO CODE, TO SET FORTH THE IDAHO ANTI-CAMCORDER
4 PIRACY ACT, TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO PROHIBIT PIRACY,
5 TO PROVIDE A PENALTY, TO AUTHORIZE CERTAIN ACTIONS, TO PROVIDE FOR IMMU-
6 NITY AND TO PROVIDE APPLICABILITY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Title 18, Idaho Code, be, and the same is hereby amended
9 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
10 ter 69, Title 18, Idaho Code, and to read as follows:
11 CHAPTER 69
12 IDAHO ANTI-CAMCORDER PIRACY ACT
13 18-6901. SHORT TITLE. This chapter shall be known and may be cited as the
14 "Idaho Anti-Camcorder Piracy Act."
15 18-6902. DEFINITIONS. As used in this chapter:
16 (1) "Audiovisual recording function" means the capability of a device to
17 record or transmit a motion picture or any part thereof by means of any tech-
18 nology now known or later developed.
19 (2) "Motion picture theater" means a movie theater, screening room, or
20 other venue that is being utilized primarily for the exhibition of a motion
21 picture at the time of the offense.
22 18-6903. PROHIBITION AGAINST PIRACY. Any person who, without the written
23 consent of the motion picture theater owner, knowingly operates the audiovi-
24 sual recording function of any device in a motion picture theater while a
25 motion picture is being exhibited for the purpose of recording the motion pic-
26 ture being exhibited shall be guilty of a misdemeanor and upon conviction
27 shall be imprisoned for not more than one (1) year, fined not more than five
28 thousand dollars ($5,000), or shall be punished by both such fine and impris-
29 onment.
30 18-6904. AUTHORIZED ACTIONS -- IMMUNITY. (1) The owner or lessee of a
31 motion picture theater, or the authorized agent or employee of such owner or
32 lessee may request a person on his premises to place or keep in full view any
33 audiovisual recording device or related item such person may have operated, or
34 which the owner or lessee or authorized agent or employee of such owner or
35 lessee has reason to believe he may have operated, in violation of the provi-
36 sions of this chapter. No merchant shall be criminally or civilly liable on
37 account of having made such a request.
38 (2) The owner or lessee of a motion picture theater, or the authorized
39 agent or employee of such owner or lessee, who has reason to believe that any
2
1 audiovisual recording device or related item has been operated by a person in
2 violation of this chapter and that he can recover such audiovisual recording
3 device or related item by taking such a person into custody and detaining him
4 may, for the purpose of attempting to effect such recovery or for the purpose
5 of informing a peace officer of the circumstances of such detention, take the
6 person into custody and detain him, in a reasonable manner and for a reason-
7 able length of time.
8 18-6905. APPLICABILITY. (1) This chapter does not prevent any lawfully
9 authorized investigative, law enforcement, protective, or intelligence-
10 gathering employee or agent of the federal government, the state or a politi-
11 cal subdivision of the state, from operating any audiovisual recording device
12 in a motion picture theater as part of lawfully authorized investigative, law
13 enforcement, protective, or intelligence-gathering activities.
14 (2) Nothing in this chapter shall prevent prosecution instead under other
15 applicable law providing a greater penalty.
STATEMENT OF PURPOSE
RS 14821C1
This legislation would criminalize the operation of an
audiovisual recording device in a movie theater without the
written consent of the theater owner. The bill defines the terms
"audiovisual recording function" and "motion picture theater."
It also states that theater owners are not liable in any civil
action arising out of measures taken by a theater owner to stop
an individual unlawfully recording a movie unless the measures
were unreasonable or the period of detention unreasonably long.
Law enforcement officers using a recording device in a theater in
the course of an investigation are exempt from the legislation.
A misdemeanor penalty is recommended for this action.
FISCAL NOTE
None.
Contact
Name: Patrick Sullivan
Phone: 208-344-9514
STATEMENT OF PURPOSE/FISCAL NOTE H 203