00CS FOR HOUSE BILL NO. 433(JUD)                                                                                          
01 "An Act relating to an exemption to the unauthorized publication or use of                                              
02 communications and the prohibition against eavesdropping for certain law                                                
03 enforcement activities."                                                                                                
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 42.20.320(a) is amended to read:                                                                    
06  (a)  The following activities are exempt from the provisions of AS 42.20.300 and                                      
07 42.20.310:                                                                                                              
08   (1)  listening to a radio or wireless communications of any sort where the                                           
09 same are publicly made;                                                                                                 
10   (2)  hearing conversation when heard by employees of a common carrier                                                
11 by wire incidental to the normal course of their employment in the operation,                                           
12 maintenance, or repair of the equipment of the common carrier by wire, [;] provided the                             
13 information obtained is not used or divulged in any manner by the hearer;                                               
14   (3)  a broadcast by radio or other means whether it is a live broadcast or                                           

01 recorded for the purpose of later broadcasts of any function where the public is in                                     
02 attendance and the conversations that are overheard are incidental to the main purpose                                  
03 for which the broadcast is then being made;                                                                             
04   (4)  recording or listening with the aid of any device to an emergency                                               
05 communication made in the normal course of operations by a federal, state, or local law                               
06 enforcement agency or institutions dealing in emergency services, including [BUT NOT                                    
07 LIMITED TO] hospitals, clinics, ambulance services, fire fighting agencies, a public                                    
08 utility emergency repair facility, civilian defense establishment, or military installations;                         
09   (5)  inadvertent interception of telephone conversations over party lines;                                           
10   (6)  a peace officer, or a person acting at the direction or request of a                                            
11 peace officer, engaging in conduct authorized by or under AS 12.37;                                                    
12   (7)  interception, listening, or recording of communications by a peace                                              
13 officer, or a person acting under the direction or request of a peace officer, in an                                    
14 emergency where the communications are received from a device that intercepts the                                       
15 communications of a person                                                                                              
16   (A)  barricaded and not exiting or surrendering at the                                                              
17 direction or request of a peace officer;                                                                                
18   (B)  holding another person hostage; or                                                                             
19   (C)  threatening the imminent illegal use of an explosive.                                                         
20    * Sec. 2.  AS 42.20.320 is amended by adding a new subsection to read:                                               
21  (c)  In this section, "explosive" has the meaning given in AS 11.81.900.