CSHB 414(RLS): "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 CS FOR HOUSE BILL NO. 414(RLS) 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 by adding a new subsection to read: 06 (b) In addition to exercising authority under (a) of this section, on 07 consideration of an application relating to a private communication of a minor, the 08 court may enter an ex parte order authorizing the interception of the private 09 communication. The court may enter the order only if the court determines, on the 10 basis of the application, that there is probable cause, which may be based upon a 11 finding that a parent of a minor has consented in good faith to the interception of a 12 communication of the minor based on the parent's objectively reasonable belief that it 13 is necessary for the welfare of the minor and is in the best interest of the minor. In this 14 subsection, "minor" and "parent" have the meanings given in AS 42.20.390.
01 * Sec. 2. AS 42.20.320(a) is amended to read: 02 (a) The following activities are exempt from the provisions of AS 42.20.300 03 and 42.20.310: 04 (1) listening to a radio or wireless communications of any sort where 05 the same are publicly made; 06 (2) hearing conversation when heard by employees of a common 07 carrier by wire incidental to the normal course of their employment in the operation, 08 maintenance, or repair of the equipment of the common carrier by wire, provided the 09 information obtained is not used or divulged in any manner by the hearer; 10 (3) a broadcast by radio or other means whether it is a live broadcast or 11 recorded for the purpose of later broadcasts of any function where the public is in 12 attendance and the conversations that are overheard are incidental to the main purpose 13 for which the broadcast is then being made; 14 (4) recording or listening with the aid of any device to an emergency 15 communication made in the normal course of operations by a federal, state, or local 16 law enforcement agency or institutions dealing in emergency services, including 17 hospitals, clinics, ambulance services, fire fighting agencies, a public utility 18 emergency repair facility, civilian defense establishment, or military installations; 19 (5) inadvertent interception of telephone conversations over party 20 lines; 21 (6) a peace officer, or a person acting at the direction or request of a 22 peace officer, engaging in conduct authorized by or under AS 12.37; 23 (7) interception, listening, or recording of communications by a peace 24 officer, or a person acting under the direction or request of a peace officer, in an 25 emergency where the communications are received from a device that intercepts the 26 communications of a person 27 (A) barricaded and not exiting or surrendering at the direction 28 or request of a peace officer, in circumstances where there is an imminent risk 29 of harm to life or property; 30 (B) holding another person hostage; or 31 (C) threatening the imminent illegal use of an explosive;
01 (8) the interception by a peace officer of an oral communication by use 02 of an electronic, mechanical, or other eavesdropping device that is concealed on or 03 carried on the person of the peace officer and that transmits that oral communication 04 by means of radio to a receiving unit that is monitored by other peace officers, if 05 (A) the interception and monitoring occurs 06 (i) during the investigation of a crime or the arrest of a 07 person for a crime; and 08 (ii) for the purpose of ensuring the safety of the peace 09 officer conducting the investigation or making the arrest; 10 (B) the peace officer who intercepts the oral communication is 11 a party to the communication and has consented to the interception; and 12 (C) the communication intercepted is not recorded; 13 (9) the interception of a private communication to which a minor 14 is a party by a parent of the minor if the parent is acting in good faith and has an 15 objectively reasonable belief that the interception is necessary for the welfare of 16 the minor and is in the best interest of the minor; this paragraph does not exempt 17 from the provisions of AS 42.20.300 and 42.20.310 the interception of a private 18 communication between a minor and the minor's attorney, the minor's guardian 19 ad litem, or a child custody investigator; evidence obtained under this paragraph 20 may be 21 (A) considered by a guardian ad litem or a child custody 22 investigator only if the guardian ad litem or child custody investigator 23 determines that the requirements of this paragraph have been satisfied; 24 (B) admitted in a judicial proceeding, subject to the Alaska 25 Rules of Evidence, only if the judicial officer finds that the requirements 26 of this paragraph have been satisfied; or 27 (C) admitted in an official proceeding that is not a judicial 28 proceeding only if the presiding official finds that the requirements of this 29 paragraph have been satisfied. 30 * Sec. 3. AS 42.20.390 is amended by adding new paragraphs to read: 31 (11) "minor" means a child under 18 years of age who has not had the
01 disabilities of a minor removed as described in AS 09.55.590; 02 (12) "official proceeding" means a proceeding heard before a 03 legislative, judicial, administrative, or other governmental body or official authorized 04 to hear evidence under oath; 05 (13) "parent" means a natural person who is the minor's natural or 06 adoptive parent, or who has been legally appointed as the minor's guardian, with 07 parental rights that are not terminated by court order and who is not prohibited by 08 court order from communicating with the minor.