Legislature(1993 - 1994)
04/25/1993 12:10 PM House FIN
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* first hearing in first committee of referral
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HOUSE BILL NO. 187
"An Act authorizing the interception of private
communications related to the commission of certain
criminal offenses; making related amendments to
statutes relating to eavesdropping and wiretapping;
relating to the penalty for violation of statutes
relating to eavesdropping and unauthorized
interception, publication, or use of private
communications; and providing for an effective date."
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY, DEPARTMENT OF LAW
discussed HB 187. He explained that federal wire tapping
law would not cover all occasions that the Department wants
to pursue. He noted that the federal government will not
get involved with murder cases unless interstate
jurisdiction is involved. He observed that before a wire
tap is established someone from the Department of Law must
be involved. He emphasized that the standards apply as in
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issuing a search warrant. He maintained that wire tapping
will be the last resort employed in an investigation.
CHARLES COLE, ATTORNEY GENERAL, DEPARTMENT OF LAW pointed
out that wire tapping is allowed only in cases of murder in
the first or second degree, kidnapping or a class A or
unclassified felony drug offense. He noted that detailed
requirements are contained on pages 2 - 4. He reviewed
requirements and limitations of wire taps. He assured
members that adequate safeguards exist.
Representative Brown referred to page 11, line 25. She
asked what procedures will be followed prior to interception
of communications in electronic storage. She pointed out
that the electronic storage could mean voice mail and
bulletin board communications. She expressed concern that
the legislation is being broadened to included computers.
Mr. Guaneli stated that the procedures applying to paper
storage would apply to computer storage.
Representative Brown referred to page 9, line 20. She asked
the meaning of "nonconstitutional violation". Mr. Guaneli
stated that the intent is that the misapplication of one of
the specific provisions required in the issuing of the
warrant will not give rise to a lawsuit for damages unless
there is a violation of an individual's constitutional
rights. He noted that the provisions are detailed.
Evidence collected improperly would not be admissable in
trial.
(Tape Change, HFC 93-125, Side 2)
Representative Grussendorf asked what would happen if an
investigation uncovered a crime which is not covered by the
wire tapping warrant. Attorney General Cole noted that page
8, line 19 covers unanticipated interceptions.
Representative Brown provided members with AMENDMENT 1
(Attachment 8). She explained that the amendment would make
available to the Governor and the Legislature information
regarding the use of wire tapping. She pointed out that
confidential information would not be involved. Attorney
General Cole did not object to the amendment.
Representative Parnell MOVED to AMEND the Amendment to
delete "for the Governor and the Legislature" and insert
"and make available to the public." Representative Martin
OBJECTED. A roll call vote was taken on the motion.
IN FAVOR: Grussendorf, Brown, Foster, Hanley, Parnell,
Therriault, MacLean, Larson
OPPOSED: Martin
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Representatives Hoffman and Navarre were not present for the
vote.
The MOTION PASSED (8-1).
Representative Brown MOVED to ADOPT AMENDMENT 1 as amended.
Co-Chair Larson OBJECTED. A roll call vote was taken on the
motion.
IN FAVOR: Grussendorf, Brown, Foster, Hanley, Parnell,
Therriault
OPPOSED: Martin, MacLean, Larson
Representatives Hoffman and Navarre were not present for the
vote.
The MOTION PASSED (6-3).
Representative Brown MOVED to ADOPT AMENDMENT 2 (Attachment
9). She stated that the amendment would clarify that
cellular telephone communications be included. Attorney
General Cole spoke against the amendment. He maintained
that cellular phones would already be included.
Representative Brown replied that page 16, line 6 excludes
"any communication that is readily accessible to the general
public." She noted that cellular phones are accessible to
the general public. She asserted that the amendment is
needed to prevent exclusion of cellular phones. Attorney
General Cole disagreed that cellular phone transmissions are
"readily" accessible. Representative Parnell spoke in
support of Amendment 2. There being NO OBJECTION, Amendment
2 was adopted.
Representative Brown MOVED to ADOPT AMENDMENT 3 (Attachment
10). She explained that Amendment 3 would include cordless
phones. She maintained that cordless phones are excluded on
page 15, line 29. She stressed that private phone calls
should be kept private unless procedures are followed to
obtain a wire tap warrant. Attorney General Cole spoke
against Amendment 3. Representative Martin OBJECTED. A
roll call vote was taken on the motion.
IN FAVOR: Brown, Grussendorf, Foster, Parnell, MacLean
OPPOSED: Hanley, Martin, Therriault, Larson
Representatives Hoffman and Navarre were not present for the
vote.
The MOTION PASSED (5-4).
Representative Brown MOVED to ADOPT AMENDMENT 4 to insert
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"Except for a party to a private conversation." Attorney
General Cole agreed that the amendment clarifies existing
statutes. There being NO OBJECTION, it was so ordered.
Representative Parnell referred to page 11, line 14. He
asked if the requirement to file reports would endanger
officers. Attorney General Cole replied that the Alaska
State Troopers have no objection to the requirement.
Representative Foster asked for further clarification of
unanticipated interception. Mr. Guaneli noted that officers
are required to minimize interceptions not directly related
to the investigation.
Representative Brown referred to page 8, line 22. She
suggested that approval for unanticipated interceptions be
limited to crimes covered by AS 12.37.010. Representative
Hanley argued for a broader interpretation. Representative
Grussendorf noted that search warrants are harder to obtain
and that evidence is more tangible. Attorney General Cole
suggested that "felony" be inserted on page 8, line 22. Co-
Chair Larson MOVED to AMEND Amendment 4 to insert "a
felony". There being NO OBJECTION, it was so ordered.
Co-Chair Larson MOVED to ADOPT AMENDMENT 4 as amended.
There being NO OBJECTION, it was so ordered.
Representative Martin MOVED to report CSHB 187 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CSHB 187 (FIN) was reported out of Committee with "no
recommendation" and with a zero fiscal note by the
Department of Law, dated 3/1/93; a zero fiscal note by the
Department of Administration, dated 3/1/93; a fiscal impact
note by the Alaska Court System; a fiscal impact note by the
Department of Public Safety, dated 4/2/93; and with a fiscal
impact note by the Department of Administration, dated
3/1/93.
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