Public Law 2023, chapter 394 specified the consequences for the interception of an oral or wire communication, including a telephone call, between a person residing in either a jail or in an adult or juvenile correctional facility and an attorney; these communications are confidential. This bill extends those consequences to an intercepted attorney-client e- mail communication if the resident can show that the jail or correctional facility had actual or constructive notice at the time the e-mail communication was made or intercepted of the attorney's name and the attorney's e-mail address and if the communication was made directly to or from that e-mail address. Similar to Public Law 2023, chapter 394, the bill provides that:
1. The contents and existence of the communication are not admissible in a criminal proceeding, including a post-conviction review proceeding;
2. A person who viewed, listened to or read the communication and did not immediately discontinue doing so as soon as the person had sufficient information to determine that the communication was protected by attorney-client privilege is disqualified from participating in an investigation of the resident and from appearing as a witness in a criminal proceeding in which the resident is a defendant, including a post-conviction review proceeding; and
3. A person who viewed, listened to or read the intercepted communication and saw, heard or read information that may be relevant to a pending or anticipated charge against the resident or a defense the resident may assert, or that may lead to the discovery of that evidence, is disqualified from participating in an investigation of the resident or appearing
44 as a witness in the pending or anticipated criminal proceeding in which the resident is a
45 defendant, including a subsequent post-conviction review proceeding on the pending or
46 anticipated criminal proceeding. The bill also makes technical changes to remove previously expired deadlines.

Statutes affected:
Bill Text LD 2159, SP 915: 4.1804, 5.200, 15.709, 15.714, 34-A.1208, 34-A.1402