Senator Keene

S.
115th Congress
First Session
In the United States Senate

Consent to Record with One Party (CROP)

A Bill for audio files recorded with one-party consent to be accepted as an admittable
form of testimonial or documentary evidence in the U.S. federal court system.

Whereas a person can admit to committing a crime on tape, but judges and jurors must ignore
that fact in their evaluation if there isn’t two-party consent.
Whereas evidence often cannot hold its legitimacy in court when crossing state lines as a result
of an overly complicated web of contradictory state laws.
Whereas information imperative to delivering proper justice can be suppressed at the discretion
of state governments.
Whereas in 12 states citizens can be fined or persecuted criminally for recording conversations
which they participate in without the consent of all parties involved, regardless of whether or not
it is a sentence-altering testimony.
Whereas in 2016, 15 percent of arrests and 7 percent of convictions were accomplished through
wiretapping yet useful recordings from citizens with consent can be dismissed.
Whereas one-party consent is federal law according to Title 18, Section 2511, but states have
added so much to the code that it is unrecognizable.

Be it hereby enacted, that the House of Representatives shall:

(1) Consider audio evidence with one-party consent admittable in court on a national level.
According to Section 2511 of Title 18 of the U.S. Code, one-party consent is given:
(a) if the person recording the audio file is a participant in the recording or
(b) if one participant of the conversation has agreed to be recorded.
(2) Retract fines on recording conversations with one-party consent in the twelve states that
require two- or all-party consent.
(3) Permit the legitimacy of audio files submitted as evidence to be at the discretion of the
court.
(4) In compliance with Section 1 of Article IV of the constitution, give full faith and credit to
audio files recorded across state lines.
(5) Entrust the execution of CROP to the United States Department of Justice.