00 HOUSE BILL NO. 135 01 "An Act relating to use of eavesdropping and recording devices by peace 02 officers." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.65 is amended by adding a new section to read: 05  Sec. 09.65.215. Immunity of peace officer for use of body wire 06 eavesdropping device. (a) A peace officer who intercepts an oral communication by 07 use of an electronic, mechanical, or other eavesdropping device that is concealed on 08 or carried on the person of the peace officer and that transmits that oral communication 09 by means of radio to a receiving unit that is monitored by other peace officers, or who 10 monitors the receiving unit, is not liable for damages to a person whose oral 11 communication is intercepted if 12  (1) the interception and monitoring occurs 13  (A) during the investigation of a crime or the arrest of a person 14 for a crime; 01  (B) for the purpose of ensuring the safety of the peace officer 02 conducting the investigation or making the arrest; 03  (2) the peace officer who intercepts the oral communication is a party 04 to the communication; and 05  (3) the communication intercepted is not recorded. 06  (b) In this section, 07  (1) "intercept" has the meaning given in AS 42.20.390; 08  (2) "oral communication" has the meaning given in AS 42.20.390; 09  (3) "peace officer" has the meaning given in AS 11.81.900(b). 10 * Sec. 2. AS 12.37 is amended by adding a new section to read: 11 Article 3A. Police Use of Body Wires. 12  Sec. 12.37.400. Police use of body wire. A peace officer may intercept an 13 oral communication by use of an electronic, mechanical, or other eavesdropping device 14 that is concealed on or carried on the person of the peace officer and that transmits 15 that oral communication by means of radio to a receiving unit that is monitored by 16 other peace officers, if 17  (1) the interception and monitoring occurs 18  (A) during the investigation of a crime or the arrest of a person 19 for a crime; and 20  (B) for the purpose of ensuring the safety of the peace officer 21 conducting the investigation or making the arrest; 22  (2) the peace officer intercepting the conversation is a party to the oral 23 communication; and 24  (3) the communication intercepted is not recorded. 25  (b) A peace officer monitoring a receiving unit under (a) of this section is not 26 competent to testify in a criminal proceeding involving a party to the oral 27 communication about the contents of the oral communication that was intercepted or 28 the fact that the communication occurred. 29 * Sec. 3. AS 42.20.320(a) is amended to read: 30  (a) The following activities are exempt from the provisions of AS 42.20.300 31 and 42.20.310: 01  (1) listening to a radio or wireless communications of any sort where 02 the same are publicly made; 03  (2) hearing conversation when heard by employees of a common carrier 04 by wire incidental to the normal course of their employment in the operation, 05 maintenance, or repair of the equipment of the common carrier by wire, provided the 06 information obtained is not used or divulged in any manner by the hearer; 07  (3) a broadcast by radio or other means whether it is a live broadcast 08 or recorded for the purpose of later broadcasts of any function where the public is in 09 attendance and the conversations that are overheard are incidental to the main purpose 10 for which the broadcast is then being made; 11  (4) recording or listening with the aid of any device to an emergency 12 communication made in the normal course of operations by a federal, state, or local 13 law enforcement agency or institutions dealing in emergency services, including 14 hospitals, clinics, ambulance services, fire fighting agencies, a public utility emergency 15 repair facility, civilian defense establishment, or military installations; 16  (5) inadvertent interception of telephone conversations over party lines; 17  (6) a peace officer, or a person acting at the direction or request of a 18 peace officer, engaging in conduct authorized by or under AS 12.37; 19  (7) interception, listening, or recording of communications by a peace 20 officer, or a person acting under the direction or request of a peace officer, in an 21 emergency where the communications are received from a device that intercepts the 22 communications of a person 23  (A) barricaded and not exiting or surrendering at the direction 24 or request of a peace officer, in circumstances where there is an imminent risk 25 of harm to life or property; 26  (B) holding another person hostage; or 27  (C) threatening the imminent illegal use of an explosive ; 28  (8) the making by a uniformed peace officer of an audio recording 29 in conjunction with the video recording of traffic and other law enforcement 30 patrol contacts; 31  (9) the interception by a peace officer of an oral communication by 01 use of an electronic, mechanical, or other eavesdropping device that is concealed 02 on or carried on the person of the peace officer and that transmits that oral 03 communication by means of radio to a receiving unit that is monitored by other 04 peace officers, if 05  (A) the interception and monitoring occurs 06  (i) during the investigation of a crime or the arrest 07 of a person for a crime; and 08  (ii) for the purpose of ensuring the safety of the 09 peace officer conducting the investigation or making the arrest; and 10  (B) the peace officer who intercepts the oral communication 11 is a party to the communication; and 12  (C) the communication intercepted is not recorded .