HB 414: "An Act relating to allowing a parent or guardian of a minor to intercept the private communications of the minor and to consent to an order authorizing law enforcement to intercept the private communications of the minor."
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.