00                             HOUSE BILL NO. 414                                                                          
01 "An Act relating to allowing a parent or guardian of a minor to intercept the private                                   
02 communications of the minor and to consent to an order authorizing law enforcement to                                   
03 intercept the private communications of the minor."                                                                     
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 12.37.030 is amended to read:                                                                      
06            Sec. 12.37.030. Requirements for an order authorizing a communications                                     
07       interception. Upon consideration of an application, the court may enter an ex parte                             
08       order authorizing the interception of a private communication if the court determines,                            
09       on the basis of the application, that a parent or guardian of a minor has consented                           
10       to the interception of a communication of the minor in good faith and based on                                
11       an objectively reasonable belief that it is necessary and in the best interest of the                         
12       minor or that                                                                                                 
13                 (1)  there is probable cause to believe that the person whose                                           
14       communication is to be intercepted is committing, has committed, or is planning to                                
01       commit an offense listed in AS 12.37.010;                                                                         
02                 (2)  there is probable cause to believe that a communication concerning                                 
03       the offense may be obtained through the interception;                                                             
04                 (3)  there is probable cause to believe that the facility from which, or                                
05       the place where, the communication is to be intercepted, is, has been, or is about to be                          
06       used in connection with the commission of the offense, or is leased to, listed in the                             
07       name of, or commonly used by, the person whose communication is to be intercepted;                                
08                 (4)  normal investigative procedures with respect to the offense have                                   
09       been tried and have failed or reasonably appear to be either unlikely to succeed if tried                         
10       or too dangerous to employ; and                                                                                   
11                 (5)  if the application, other than an application for an extension, is for                             
12       an order to intercept a communication of a person, or involving a communications                                  
13       facility, that was the subject of a previous application, the current application is based                        
14       upon new evidence or information different from and in addition to the evidence or                                
15       information offered to support the previous application.                                                          
16    * Sec. 2. AS 12.37.900 is amended by adding a new paragraph to read:                                               
17                 (16)  "minor" has the meaning given in AS 42.20.390.                                                    
18    * Sec. 3. AS 42.20.320(b) is amended to read:                                                                      
19            (b)  Except for a private communication between a minor and the minor's                                  
20       legal counsel and notwithstanding another provision of law, a parent or guardian                              
21       of a minor may intercept a private communication to which the minor is a party.                               
22       Notwithstanding any other provision of law, a parent or guardian of a minor who                               
23       intercepts a private communication to which the minor is a party or a person who                              
24       inadvertently intercepts a private communication may report information that                                  
25       appears to pertain to the commission of a crime [MAY REPORT THE                                                   
26       INFORMATION] to a law enforcement agency.                                                                         
27    * Sec. 4. AS 42.20.390 is amended by adding a new paragraph to read:                                               
28                 (11)  "minor" means a child under 18 years of age who has not had the                                   
29       disabilities of a minor removed as described in AS 09.55.590.