00 SENATE BILL NO. 85 01 "An Act relating to unauthorized publication and use of communications; and relating 02 to eavesdropping." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 42.20.300(a) is amended to read: 05 (a) A [EXCEPT FOR A PARTY TO A PRIVATE CONVERSATION, A] 06 person who receives or assists in receiving, or who transmits or assists in transmitting, 07 a private communication may not divulge or publish the existence, contents, 08 substance, purport, effect, or meaning of the communication, except 09 (1) with the consent of all parties to the communication;  10 (2) through authorized channels of transmission or reception 11 (A) [(1)] to the addressee or the agent or attorney of the 12 addressee; 13 (B) [(2)] to a person employed or authorized to forward a 14 communication to its destination; 01 (C) [(3)] to proper accounting or distributing officers of the 02 various communicating centers over which the communication may be passed; 03 (D) [(4)] to the master of a ship under whom the person is 04 serving; 05 (E) [(5)] to another on demand of lawful authority; or 06 (F) [(6)] in response to a subpoena issued or order entered by a 07 court of competent jurisdiction. 08  * Sec. 2. AS 42.20.310(a) is amended to read: 09 (a) A person may not 10 (1) use an eavesdropping device to hear or record all or any part of an 11 oral conversation without the consent of all parties [A PARTY] to the conversation; 12 (2) use or divulge any information which the person knows or 13 reasonably should know was obtained through the illegal use of an eavesdropping 14 device for personal benefit or another's benefit; 15 (3) publish the existence, contents, substance, purport, effect, or 16 meaning of any conversation the person has heard through the illegal use of an 17 eavesdropping device; 18 (4) divulge, or publish the existence, contents, substance, purport, 19 effect, or meaning of any conversation the person has become acquainted with after 20 the person knows or reasonably should know that the conversation and the information 21 contained in the conversation was obtained through the illegal use of an eavesdropping 22 device. 23  * Sec. 3. AS 42.20.320(a) is amended to read: 24 (a) The following activities are exempt from the provisions of AS 42.20.300 25 and 42.20.310: 26 (1) listening to a radio or wireless communications of any sort where 27 the same are publicly made; 28 (2) hearing conversation when heard by employees of a common 29 carrier by wire incidental to the normal course of their employment in the operation, 30 maintenance, or repair of the equipment of the common carrier by wire, provided the 31 information obtained is not used or divulged in any manner by the hearer; 01 (3) a broadcast by radio or other means whether it is a live broadcast or 02 recorded for the purpose of later broadcasts of any function where the public is in 03 attendance and the conversations that are overheard are incidental to the main purpose 04 for which the broadcast is then being made; 05 (4) recording or listening with the aid of any device to an emergency 06 communication made in the normal course of operations by a federal, state, or local 07 law enforcement agency or institutions dealing in emergency services, including 08 hospitals, clinics, ambulance services, fire fighting agencies, a public utility 09 emergency repair facility, civilian defense establishment, or military installations; 10 (5) inadvertent interception of telephone conversations over party 11 lines; 12 (6) a peace officer, or a person acting at the direction or request of a 13 peace officer, 14 (A) engaging in conduct authorized by or under AS 09.65.215  15 or AS 12.37; or  16 (B) investigating crimes, collecting evidence, or issuing  17 lawful court processes; 18 (7) interception, listening, or recording of communications by a peace 19 officer, or a person acting under the direction or request of a peace officer, in an 20 emergency where the communications are received from a device that intercepts the 21 communications of a person 22 (A) barricaded and not exiting or surrendering at the direction 23 or request of a peace officer, in circumstances where there is an imminent risk 24 of harm to life or property; 25 (B) holding another person hostage; or 26 (C) threatening the imminent illegal use of an explosive [; 27 (8) THE INTERCEPTION BY A PEACE OFFICER OF AN ORAL 28 COMMUNICATION BY USE OF AN ELECTRONIC, MECHANICAL, OR 29 OTHER EAVESDROPPING DEVICE THAT IS CONCEALED ON OR CARRIED 30 ON THE PERSON OF THE PEACE OFFICER AND THAT TRANSMITS THAT 31 ORAL COMMUNICATION BY MEANS OF RADIO TO A RECEIVING UNIT 01 THAT IS MONITORED BY OTHER PEACE OFFICERS, IF 02 (A) THE INTERCEPTION AND MONITORING OCCURS 03 (i) DURING THE INVESTIGATION OF A CRIME 04 OR THE ARREST OF A PERSON FOR A CRIME; AND 05 (ii) FOR THE PURPOSE OF ENSURING THE 06 SAFETY OF THE PEACE OFFICER CONDUCTING THE 07 INVESTIGATION OR MAKING THE ARREST; 08 (B) THE PEACE OFFICER WHO INTERCEPTS THE ORAL 09 COMMUNICATION IS A PARTY TO THE COMMUNICATION AND HAS 10 CONSENTED TO THE INTERCEPTION; AND 11 (C) THE COMMUNICATION INTERCEPTED IS NOT 12 RECORDED]; 13 (8) [(9)] interception of a private communication to which a minor is a 14 party by a parent of the minor, except that interception of a private communication 15 between a minor and the minor's attorney or guardian ad litem or between a minor and 16 a child-custody investigator is not exempt from the provisions of AS 42.20.300 and 17 42.20.310; evidence obtained under this paragraph may be 18 (A) considered by a guardian ad litem or a child custody 19 investigator only if the guardian ad litem or child custody investigator 20 determines that consideration of the evidence is in the best interests of the 21 minor; 22 (B) admitted in a judicial proceeding, subject to the Alaska 23 Rules of Evidence; 24 (C) admitted in a judicial proceeding relating to the custody of a 25 minor, subject to the Alaska Rules of Evidence and only if the court 26 determines that admission of the evidence is in the best interests of the minor; 27 or 28 (D) admitted in an official proceeding that is not a judicial 29 proceeding, subject to the rules of evidence governing the proceeding and only 30 if the official presiding over the proceeding determines that admission of the 31 evidence is in the best interests of the minor;  01 (9) interception by a peace officer of a communication by use of an  02 electronic, mechanical, or other eavesdropping device during the normal course  03 of the peace officer's employment where the person making the communication  04 knew or reasonably should have known that the communication was being made  05 in the presence of a peace officer.