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Substitute House Bill No. 5653

Public Act No. 04-187

AN ACT CONCERNING THE UNLAWFUL USE OF A RECORDING DEVICE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2004) (a) As used in this section: (1) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture by means of any technology, and (2) "motion picture theater" means a movie theater or screening room that, at the time of the offense, is being used for the exhibition of a motion picture.

(b) Any person who knowingly operates an audiovisual recording function of a device in a motion picture theater while a motion picture is being exhibited without the consent of the owner or lessee of such theater and with the intent to record such motion picture shall be guilty of a class B misdemeanor.

(c) Whenever the owner or lessee of a motion picture theater where a motion picture is being exhibited, or an employee or authorized agent of such owner or lessee, has reasonable grounds to believe that a person is operating or attempting to operate an audiovisual recording function of a device in such theater in violation of subsection (b) of this section, such owner, lessee, employee or agent may question such person as to such person's name and address and may detain such person for a time sufficient to summon a police officer to the premises. No other information shall be required of such person until a police officer has taken such person into custody. For the purposes of this subsection, "reasonable grounds" means knowledge that a person has operated or attempted to operate an audiovisual recording function of a device in such theater.

(d) In any civil action by a person detained under the provisions of subsection (c) of this section against the person so detaining him or her, or the principal or employer of such person, arising out of such questioning or detention by any such owner, lessee, employee or agent, evidence that the defendant had reasonable grounds to believe that the plaintiff was, at the time in question, operating or attempting to operate an audiovisual recording function of a device in a motion picture theater while a motion picture was being exhibited without the consent of the owner or lessee of such facility shall create a rebuttable presumption that the plaintiff was so operating or attempting to operate such audiovisual recording function.

(e) The provisions of this section shall not apply to the operation of an audiovisual recording function of a device by any authorized employee or agent of a local, state or federal law enforcement agency while such employee or agent is engaged in authorized investigative, protective, law enforcement or intelligence gathering activities.

(f) Nothing in this section shall preclude prosecution of a person under any other provision of the general statutes.

Approved June 3, 2004