CSHB 414(RLS) am: "An Act relating to the interception of the private communications of a minor."

00 CS FOR HOUSE BILL NO. 414(RLS) am 01 "An Act relating to the interception of the private communications of a minor." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.37.030 is amended by adding new subsections to read: 04 (b) In addition to exercising authority under (a) of this section, on 05 consideration of an application relating to a private communication of a minor, the 06 court may enter an ex parte order authorizing the interception of the private 07 communication. The court may enter the order only if the court determines, after 08 making appropriate findings of fact and on the basis of the application, that there is 09 probable cause to believe that 10 (1) a party to the private communication 11 (A) has committed, is committing, or is about to commit a 12 felony or misdemeanor; 13 (B) has been, is, or is about to be a victim of a felony or 14 misdemeanor; or 15 (C) has been, is, or is about to be a witness to a felony or

01 misdemeanor; 02 (2) the health or safety of a minor is in danger; or 03 (3) a parent of a minor has consented in good faith to the interception 04 of a communication of the minor based on the parent's objectively reasonable belief 05 that it is necessary for the welfare of the minor and is in the best interest of the minor. 06 (c) In (b) of this section, "minor" and "parent" have the meanings given in 07 AS 42.20.390. 08 * Sec. 2. AS 42.20.320(a) is amended to read: 09 (a) The following activities are exempt from the provisions of AS 42.20.300 10 and 42.20.310: 11 (1) listening to a radio or wireless communications of any sort where 12 the same are publicly made; 13 (2) hearing conversation when heard by employees of a common 14 carrier by wire incidental to the normal course of their employment in the operation, 15 maintenance, or repair of the equipment of the common carrier by wire, provided the 16 information obtained is not used or divulged in any manner by the hearer; 17 (3) a broadcast by radio or other means whether it is a live broadcast or 18 recorded for the purpose of later broadcasts of any function where the public is in 19 attendance and the conversations that are overheard are incidental to the main purpose 20 for which the broadcast is then being made; 21 (4) recording or listening with the aid of any device to an emergency 22 communication made in the normal course of operations by a federal, state, or local 23 law enforcement agency or institutions dealing in emergency services, including 24 hospitals, clinics, ambulance services, fire fighting agencies, a public utility 25 emergency repair facility, civilian defense establishment, or military installations; 26 (5) inadvertent interception of telephone conversations over party 27 lines; 28 (6) a peace officer, or a person acting at the direction or request of a 29 peace officer, engaging in conduct authorized by or under AS 12.37; 30 (7) interception, listening, or recording of communications by a peace 31 officer, or a person acting under the direction or request of a peace officer, in an

01 emergency where the communications are received from a device that intercepts the 02 communications of a person 03 (A) barricaded and not exiting or surrendering at the direction 04 or request of a peace officer, in circumstances where there is an imminent risk 05 of harm to life or property; 06 (B) holding another person hostage; or 07 (C) threatening the imminent illegal use of an explosive; 08 (8) the interception by a peace officer of an oral communication by use 09 of an electronic, mechanical, or other eavesdropping device that is concealed on or 10 carried on the person of the peace officer and that transmits that oral communication 11 by means of radio to a receiving unit that is monitored by other peace officers, if 12 (A) the interception and monitoring occurs 13 (i) during the investigation of a crime or the arrest of a 14 person for a crime; and 15 (ii) for the purpose of ensuring the safety of the peace 16 officer conducting the investigation or making the arrest; 17 (B) the peace officer who intercepts the oral communication is 18 a party to the communication and has consented to the interception; and 19 (C) the communication intercepted is not recorded; 20 (9) the interception of a private communication to which a minor 21 is a party by a parent of the minor if the parent is acting in good faith and has an 22 objectively reasonable belief that the interception is necessary for the welfare of 23 the minor and is in the best interest of the minor; this paragraph does not exempt 24 from the provisions of AS 42.20.300 and 42.20.310 the interception of a private 25 communication between a minor and the minor's attorney, the minor's guardian 26 ad litem, or a child custody investigator; evidence obtained under this paragraph 27 may be 28 (A) considered by a guardian ad litem or a child custody 29 investigator only if the guardian ad litem or child custody investigator 30 determines that the requirements of this paragraph have been satisfied; 31 (B) admitted in a judicial proceeding, subject to the Alaska

01 Rules of Evidence, only if the judicial officer finds that the requirements 02 of this paragraph have been satisfied; or 03 (C) admitted in an official proceeding that is not a judicial 04 proceeding only if the presiding official finds that the requirements of this 05 paragraph have been satisfied. 06 * Sec. 3. AS 42.20.390 is amended by adding new paragraphs to read: 07 (11) "minor" means a child under 18 years of age who has not had the 08 disabilities of a minor removed as described in AS 09.55.590; 09 (12) "official proceeding" means a proceeding heard before a 10 legislative, judicial, administrative, or other governmental body or official authorized 11 to hear evidence under oath; 12 (13) "parent" means a natural person who is the minor's natural or 13 adoptive parent, or who has been legally appointed as the minor's guardian, with 14 parental rights that are not terminated by court order and who is not prohibited by 15 court order from communicating with the minor.