SB 227: "An Act relating to an exemption to the unauthorized publication or use of communications and the prohibition against eavesdropping for certain law enforcement activities."
00SENATE BILL NO. 227 01 "An Act relating to an exemption to the unauthorized publication or use of 02 communications and the prohibition against eavesdropping for certain law 03 enforcement activities." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 42.20.320(a) is amended to read: 06 (a) The following activities are exempt from the provisions of AS 42.20.300 07 and 42.20.310: 08 (1) listening to a radio or wireless communications of any sort where 09 the same are publicly made; 10 (2) hearing conversation when heard by employees of a common carrier 11 by wire incidental to the normal course of their employment in the operation, 12 maintenance, or repair of the equipment of the common carrier by wire, [;] provided 13 the information obtained is not used or divulged in any manner by the hearer; 14 (3) a broadcast by radio or other means whether it is a live broadcast
01 or recorded for the purpose of later broadcasts of any function where the public is in 02 attendance and the conversations that are overheard are incidental to the main purpose 03 for which the broadcast is then being made; 04 (4) recording or listening with the aid of any device to any emergency 05 communication made in the normal course of operations by a federal, state, or local 06 law enforcement agency or institutions dealing in emergency services, including [BUT 07 NOT LIMITED TO] hospitals, clinics, ambulance services, fire fighting agencies, a 08 public utility emergency repair facility, civilian defense establishment, or military 09 installations; 10 (5) inadvertent interception of telephone conversations over party lines; 11 (6) a peace officer, or a person acting at the direction of or request of 12 a peace officer, engaging in conduct authorized by or under AS 12.37; 13 (7) interception, listening, or recording of communications by a 14 peace officer, or a person acting under the direction or request of a peace officer, 15 in an emergency where the communications are received from a device that 16 intercepts the communications of a person 17 (A) barricaded and refusing to exit or surrender at the 18 direction or request of a peace officer; 19 (B) holding another person hostage; or 20 (C) threatening the imminent illegal use of an explosive. 21 * Sec. 2. AS 42.20.320 is amended by adding a new subsection to read: 22 (c) In this section, "explosive" has the meaning given in AS 11.81.900.