Enrolled HB 414: Relating to the interception of the private communications of a minor.

00Enrolled HB 414 01 Relating to the interception of the private communications of a minor. 02 _______________ 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) interception of a private communication to which a minor is a 21 party by a parent of the minor, except that interception of a private 22 communication between a minor and the minor's attorney or guardian ad litem 23 or between a minor and a child-custody investigator is not exempt from the 24 provisions of AS 42.20.300 and 42.20.310; evidence obtained under this 25 paragraph may be 26 (A) considered by a guardian ad litem or a child custody 27 investigator only if the guardian ad litem or child custody investigator 28 determines that consideration of the evidence is in the best interests of the 29 minor; 30 (B) admitted in a judicial proceeding, subject to the Alaska 31 Rules of Evidence;

01 (C) admitted in a judicial proceeding relating to the custody 02 of a minor, subject to the Alaska Rules of Evidence and only if the court 03 determines that admission of the evidence is in the best interests of the 04 minor; or 05 (D) admitted in an official proceeding that is not a judicial 06 proceeding, subject to the rules of evidence governing the proceeding and 07 only if the official presiding over the proceeding determines that 08 admission of the evidence is in the best interests of the minor. 09 * Sec. 3. AS 42.20.390 is amended by adding new paragraphs to read: 10 (11) "minor" means a child under 18 years of age who has not had the 11 disabilities of a minor removed as described in AS 09.55.590; 12 (12) "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, or a stepparent as defined in 16 AS 25.23.240 who is not prohibited by court order from communicating with the 17 minor.