CHAPTER 5. CONFIDENTIALITY OF DISCLOSURE, REMEDIES, AND OFFENSES
IC 35-33.5-5
Chapter 5. Confidentiality of Disclosure, Remedies, and Offenses
IC 35-33.5-5-1
Disclosure in court; information to parties in advance
Sec. 1. The contents of an interception under this article orevidence derived from the interception may not be received intoevidence or otherwise disclosed during a court proceeding unlesseach party, not less than fourteen (14) days before the proceeding,has been furnished with a copy of the application, warrant, and anyorders for an extension under which the interception was authorized.The fourteen (14) day period may be waived by the court if the courtfinds that:
(1) it is not possible to furnish each party with the informationat least fourteen (14) days before the proceeding; and
(2) a party will not be prejudiced by the delay in receiving theinformation.
As added by P.L.161-1990, SEC.3.
IC 35-33.5-5-2
Recording contents of authorized interception; sealing documents;disclosure; destruction of documents
Sec. 2. (a) The contents of an authorized interception under thisarticle shall be recorded. Immediately upon the expiration of thewarrant or extension, the court shall order that recordings be sealed.The court shall determine who is entitled to custody of therecordings. The court shall order that the recordings be kept for atleast ten (10) years. The recordings may be destroyed after ten (10)years only upon an order of the court that issued the warrant.
(b) A warrant or an extension granted under this article, as well asthe application for a warrant or extension, shall be sealed by thecourt to which the application is made. The court shall determinewho is entitled to custody of the application and warrant orextension. An application and a warrant or an extension shall bedisclosed only upon a showing of good cause before the issuingcourt. The court shall order that the application and warrant orextension may not be destroyed for at least ten (10) years after thedate granted, and then only upon the order of the court that issued thewarrant.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,SEC.13.
IC 35-33.5-5-3
Disclosure by law enforcement officer; persons other than officer;privileged character of communication; offenses not specified inorder
Sec. 3. (a) A law enforcement officer who has obtainedknowledge under this article of the contents of an interception or ofevidence derived from that interception may:
(1) disclose the contents to another law enforcement officer; or (2) use the contents of the interception;
only to the extent that use or disclosure of the contents of theinterception is appropriate to the proper performance of the officialduties of the law enforcement officer.
(b) If a recorded interception is transcribed by order of a court orby a law enforcement agency, only that part of the interception thatis relevant to the prosecution of a designated offense may betranscribed.
(c) A person, other than a law enforcement officer, who hasreceived, by a means authorized by this article, informationconcerning an interception or evidence derived from an interceptionunder this article may disclose the contents of the interception orevidence derived from the interception only while giving testimonyunder oath or affirmation in a criminal court proceeding or grand juryproceeding. This subsection does not apply to a disclosure by aperson of the contents of reports submitted under IC 35-33.5-2-4 andIC 35-33.5-2-5 or to the contents of an interception or evidencederived from an interception that is either:
(1) maintained in the record of a court proceeding and madeaccessible to the public; or
(2) previously disclosed in a court proceeding that is open to thepublic.
(d) An otherwise privileged communication that is intercepted inaccordance with or in violation of this article does not lose thecommunication's privileged character.
(e) When a law enforcement officer, while engaged in interceptingcommunications in a manner authorized by this article, interceptscommunications relating to offenses other than those specified in theorder of authorization, the contents of those interceptions, andevidence derived from those interceptions, may be disclosed or usedas provided in subsections (a) and (c). The contents and evidencemay be used under subsection (d) when authorized by the court upona finding, on subsequent application, that the contents wereotherwise intercepted in accordance with this article. A subsequentapplication shall be made as soon as practicable.
As added by P.L.161-1990, SEC.3.
IC 35-33.5-5-4
Violations; cause of action; damages and costs; defenses; statute oflimitations
Sec. 4. (a) A person whose communications are intercepted,disclosed, or used in violation of this article:
(1) has a civil cause of action against a person who intercepts,discloses, uses, or procures another person to intercept,disclose, or use a communication in violation of this article; and
(2) is entitled to recover from that person the following:
(A) The greater of:
(i) actual damages;
(ii) liquidated damages computed at a rate of one hundreddollars ($100) each day for each day of violation; or (iii) one thousand dollars ($1,000).
(B) Court costs (including fees).
(C) Punitive damages, when determined to be appropriate bythe court.
(D) Reasonable attorney's fees.
(b) A good faith reliance on a warrant or an extension issuedunder this article constitutes a complete defense to a civil actionbrought under this section.
(c) A person described in IC 34-46-4-1 has an affirmative defenseunder this section if the person was unaware that the communicationwas intercepted in violation of this article and:
(1) has not intercepted the communication;
(2) has not procured another person to intercept or disclose thecommunication; and
(3) has used a communication for the purpose of assisting theperson to independently confirm information contained in acommunication.
(d) An action under this section must be brought within two (2)years after the date that the interception, disclosure, or use of acommunication in violation of this article initially occurs whicheveris later.
As added by P.L.161-1990, SEC.3. Amended by P.L.1-1998,SEC.194; P.L.106-2010, SEC.9.
IC 35-33.5-5-5
Nonapplicability to interceptions authorized under federal law;classification of offenses
Sec. 5. (a) This section does not apply to a person who makes aninterception authorized under federal law.
(b) A person who knowingly or intentionally intercepts, acommunication in violation of this article commits unlawfulinterception, a Class C felony.
(c) A person who, by virtue of the person's employment or officialcapacity in the criminal justice system, knowingly or intentionallyuses or discloses the contents of an interception in violation of thisarticle commits unlawful use or disclosure of an interception, a ClassC felony.
As added by P.L.161-1990, SEC.3.
IC 35-33.5-5-6
Immunity
Sec. 6. The following persons are immune from civil and criminalliability for an act or omission that relates to the provision ofinformation, facilities, or technical assistance in accordance with thisarticle:
(1) A person who provides services that relate to the provisionof electronic communication.
(2) An employee, an officer, an agent, or a contractor of aperson described in subdivision (1).
(3) A landlord, a custodian, a property owner, or other person
who provides assistance in the interception of an electroniccommunication.
As added by P.L.161-1990, SEC.3. Amended by P.L.105-2007,SEC.14.