1996-01-19                     House Journal                      Page 2485
HB 433                                                                       
HOUSE BILL NO. 433 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
An Act relating to an exemption to the unauthorized publication               
or use of communications and the prohibition against                           
eavesdropping for certain law enforcement activities.                          
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 1/19/96                        
Zero fiscal note, Dept. of Commerce & Economic Development,                    
1/19/96                                                                        
Zero fiscal note, Dept. of Corrections, 1/19/96                                
Zero fiscal note, Dept. of Law, 1/19/96                                        
Zero fiscal note, Dept. of Public Safety, 1/19/96                              
                                                                               
The Governor's transmittal letter, dated January 19, 1996, appears             
below:                                                                         
                                                                               
Dear Speaker Phillips:                                                         
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that amends statutes regarding the unauthorized            
publication or use of communications and eavesdropping, in order to            
allow law enforcement officers to intercept communications in certain          
emergency situations.                                                          
                                                                               
Current law prohibits surreptitious eavesdropping on a private                 
conversation without the consent of one of the parties to the                  
conversation.  In an emergency (for example, where a suspect is                
barricaded with a hostage), law enforcement officers need to                   

1996-01-19                     House Journal                      Page 2486
HB 433                                                                       
communicate with the suspect and, if possible, monitor the suspect's           
communications with others.  Monitoring such communications can                
give valuable information to law enforcement officers to help defuse           
potentially dangerous situations.                                              
                                                                               
This bill provides the exemption necessary for law enforcement                 
officers to surreptitiously monitor these communications.  It allows the       
interception of communications of a suspect barricaded and refusing to         
surrender, holding a victim hostage, or threatening the imminent illegal       
use of an explosive. The exemption in the bill is limited to serious           
police emergencies; it will not otherwise affect the privacy of                
individual Alaskans.                                                           
                                                                               
This legislation will support law enforcement agencies in making               
Alaska a safer place for our citizens.  I  urge your prompt                    
consideration and passage of this bill.                                        
                                                                               
						Sincerely,                                                               
						/s/                                                                      
						Tony Knowles                                                             
						Governor