00 SENATE BILL NO. 276 01 "An Act relating to criminal justice information; providing procedural requirements 02 for obtaining certain criminal justice information; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 12.62 is amended by adding new sections to read: 06  Sec. 12.62.100. CRIMINAL JUSTICE INFORMATION ADVISORY BOARD; 07 FUNCTIONS AND DUTIES. (a) There is established in the department a Criminal 08 Justice Information Advisory Board consisting of the following members: 09  (1) a member of the general public appointed by and serving at the 10 pleasure of the governor; 11  (2) a municipal police chief appointed by and serving at the pleasure 12 of the governor; in making this appointment, the governor shall consult with the 13 Alaska Association of Chiefs of Police; 14  (3) the attorney general or the attorney general's designee; 01  (4) the chief justice of the supreme court or the chief justice's designee; 02  (5) the commissioner of administration or the commissioner's designee; 03  (6) the commissioner of corrections or the commissioner's designee; 04  (7) the commissioner of health and social services or the 05 commissioner's designee; and 06  (8) the commissioner of public safety or the commissioner's designee, 07 who will serve as chair of the board. 08  (b) Members of the board receive no compensation for services on the board, 09 but are entitled to per diem and travel expenses as authorized for state employees. 10  (c) The board shall meet once every six months and at such other times as the 11 chair finds necessary. 12  (d) The board shall 13  (1) advise the department and other criminal justice agencies on matters 14 pertaining to the development and operation of the central repository described in 15 AS 12.62.110(1) and other criminal justice information systems, including providing 16 advice about regulations and procedures, and estimating the resources and costs of 17 those resources, needed to carry out the provisions of this chapter; and 18  (2) provide an annual report of its activities and recommendations to 19 the governor and the legislature. 20  Sec. 12.62.110. DUTIES OF THE COMMISSIONER REGARDING 21 INFORMATION SYSTEMS. The commissioner of public safety shall 22  (1) develop and operate a criminal justice information system that will 23 serve as the state's central repository of criminal history record information, and that 24 will collect, store, and release criminal justice information as provided in this chapter; 25  (2) consult with the Criminal Justice Information Advisory Board 26 established by AS 12.62.100 regarding matters concerning the operation of the 27 department's criminal justice information systems; 28  (3) provide a uniform crime reporting system for the periodic 29 collection, analysis, and reporting of crimes, and compile and publish statistics and 30 other information on the nature and extent of crime in the state; 31  (4) cooperate with other agencies of the state, the criminal record 01 repositories of other states, the Interstate Identification Index, the National Law 02 Enforcement Telecommunications System, the National Crime Information Center, and 03 other appropriate agencies or systems, in the development and operation of an effective 04 interstate, national, and international system of criminal identification, records, and 05 statistics; and 06  (5) in accordance with AS 44.62, adopt regulations necessary to 07 implement the provisions of this chapter; in adopting the regulations, the commissioner 08 shall consult with affected law enforcement agencies regarding the fiscal implications 09 of the regulations; regulations may not be adopted under this section that affect 10 procedures of the court system; 11  Sec. 12.62.120. MANDATORY FINGERPRINTING IN CRIMINAL CASES. 12 (a) A peace officer making an arrest, or another appropriate officer, shall take or 13 cause to be taken a person's fingerprints if the person is arrested in connection with 14 an arrestable offense. If a person's arraignment or first court appearance in connection 15 with an arrestable offense has been secured other than by arrest, or if for any other 16 reason the person was not fingerprinted in connection with the arrestable offense, the 17 court shall order, as a condition of the person's release, that the person submit to 18 fingerprinting at the appropriate police agency or correctional facility within 24 hours. 19  (b) If a person is found guilty of a criminal offense after plea or trial, the court 20 shall inquire whether the person has previously been fingerprinted in connection with 21 the proceedings leading to the conviction. If the court finds that the person has not 22 been fingerprinted, the fingerprints are not legible, or the evidence is inconclusive that 23 the person has been fingerprinted, the court shall order that the person submit to 24 fingerprinting at the appropriate police agency or correctional facility within 24 hours. 25  (c) A criminal justice agency operating a correctional facility shall obtain 26 fingerprints of each person received at the facility in connection with an arrestable 27 offense. 28  (d) A criminal justice agency taking fingerprints required by this section shall 29 send the fingerprints and other identifying information, in the manner and on forms 30 approved by the department, to the department no later than five working days after 31 the fingerprints are taken. If the fingerprints received from a criminal justice agency 01 are not legible enough to permit accurate identification, the department shall notify the 02 agency that took the fingerprints, and that agency shall make reasonable effort to 03 obtain a more legible set of the fingerprints. 04  (e) Upon receiving legible fingerprints from a criminal justice agency, the 05 department shall use reasonable efforts to confirm the identity of the person 06 fingerprinted. If the department finds that the person fingerprinted has criminal history 07 record information under a name other than the name on the fingerprint submission, 08 the department shall promptly notify the agency that sent the fingerprints. 09  (f) Unless otherwise provided by law or court rule, the commissioner, by 10 regulation, may exempt certain classes of persons from the fingerprinting requirements 11 of this section. 12  Sec. 12.62.130. REPORTING OF CRIMINAL JUSTICE INFORMATION. 13 (a) The commissioner, by regulation and after consultation with the Criminal Justice 14 Information Advisory Board and affected agencies, may designate which criminal 15 justice agencies are responsible for reporting the events described in (b) of this section. 16 An agency designated under this subsection shall report the events described in (b) of 17 this section to the department, at the time, in the manner, and in the form specified by 18 the department. 19  (b) An agency designated under (a) of this section shall report the following 20 events to the department if they occur in connection with an arrestable offense: 21  (1) the issuance, receipt, withdrawal, quashing, or execution of a 22 judicial arrest warrant, a governor's warrant of arrest for extradition, or a parole arrest 23 warrant; 24  (2) an arrest, with or without a warrant, or an escape after arrest; 25  (3) the release of a person after arrest without charges being filed; 26  (4) the admittance to, release or escape from, or unlawful evasion of, 27 official detention in a correctional facility, either pretrial or post-trial; 28  (5) a decision by a prosecutor or a grand jury not to commence 29 criminal proceedings, to defer or indefinitely postpone prosecution, or to decline to 30 prosecute charges; 31  (6) the filing of a charging document, including an indictment, criminal 01 complaint, criminal information, or a petition or other document showing a violation 02 of bail, probation, or parole, or the amendment of a charging document; 03  (7) an acquittal, dismissal, conviction or other disposition of charges 04 set out in a charging document described in (6) of this subsection; 05  (8) the imposition of a sentence or the granting of a suspended 06 imposition of sentence under AS 12.55.085; 07  (9) the commencement or expiration of parole or probation supervision; 08  (10) the commitment to or release from a facility, designated by the 09 Department of Health and Social Services, of a person who was previously accused 10 of a crime but who has been found to be incompetent to stand trial or found not 11 criminally responsible; 12  (11) the filing of an action in an appellate court or a federal court 13 relating to a conviction or sentence; 14  (12) a judgment of a court that reverses, remands, vacates, or reinstates 15 a criminal charge, conviction, or sentence; 16  (13) a pardon, reprieve, executive clemency, commutation of sentence, 17 or other change in the length or terms of a sentence by executive or judicial action; 18 and 19  (14) any other event required to be reported under regulations adopted 20 under this chapter. 21  Sec. 12.62.140. REPORTING OF UNIFORM CRIME INFORMATION. A 22 criminal justice agency shall submit to the department, at the time, in the manner, and 23 in the form specified by the department, data regarding crimes committed within that 24 agency's jurisdiction. The department shall compile, and provide to the governor and 25 the attorney general, an annual report concerning the number and nature of criminal 26 offenses committed, the disposition of the offenses, and any other data the 27 commissioner finds appropriate relating to the method, frequency, cause, and 28 prevention of crime. 29  Sec. 12.62.150. REPORTING OF INFORMATION REGARDING WANTED 30 PERSONS AND STOLEN PROPERTY. (a) A criminal justice agency shall report 31 to the department, at the time, in the manner, and in the form specified by the 01 department, data regarding 02  (1) a person the agency is trying to locate, whether that person is 03 wanted in connection with the commission of a crime, and the discovery, if any, of 04 that person; 05  (2) the theft, and recovery if any, of an identifiable motor vehicle; and 06  (3) the theft, and recovery if any, of identifiable property. 07  (b) A criminal justice agency, annually and at other times if requested by the 08 department, shall confirm whether information already reported under (a) of this 09 section continues to be valid, and shall cooperate with the department in periodic 10 audits to validate the information reported. 11  Sec. 12.62.160. COMPLETENESS, ACCURACY, AND SECURITY OF 12 CRIMINAL JUSTICE INFORMATION. (a) A criminal justice agency shall 13  (1) adopt reasonable procedures to ensure that criminal justice 14 information that the agency maintains is accurate and complete; 15  (2) notify a criminal justice agency known to have received information 16 of a material nature that is inaccurate or incomplete; 17  (3) provide adequate procedures and facilities to protect criminal justice 18 information from unauthorized access and from accidental or deliberate damage by 19 theft, sabotage, fire, flood, wind, or power failure; 20  (4) provide procedures for screening, supervising, and disciplining 21 agency personnel in order to minimize the risk of security violations; 22  (5) provide training for employees working with or having access to 23 criminal justice information; 24  (6) if maintaining criminal justice information within an automated 25 information system operated by a noncriminal justice agency, develop or approve 26 system operating procedures to comply with this chapter or regulations adopted under 27 this chapter, and monitor the implementation of those procedures to ensure that they 28 are effective; and 29  (7) maintain, for at least three years, and make available for audit 30 purposes, 31  (A) records showing the accuracy and completeness of 01 information maintained by the agency in a criminal justice information system; 02 and 03  (B) records required to be maintained under AS 12.62.170(c)(4). 04  (b) The department shall adopt reasonable procedures designed to ensure that 05 information about arrests and criminal charges that is stored in a criminal justice 06 information system can be linked with information about the disposition of those 07 arrests and charges. 08  (c) Every two years the department shall undertake an audit, and every four 09 years shall obtain an independent audit, of the department's criminal justice 10 information system that serves as the central repository and of a sample of other state 11 and local criminal justice information systems, to verify adherence to the requirements 12 of this chapter and other applicable laws. The department shall provide to the 13 Criminal Justice Information Advisory Board the final report of each audit. 14  Sec. 12.62.170. RELEASE AND USE OF CRIMINAL JUSTICE 15 INFORMATION; FEES. (a) Criminal justice information and the identity of 16 recipients of criminal justice information is confidential and exempt from disclosure 17 under AS 09.25. The existence or nonexistence of criminal justice information may 18 not be released to or confirmed to any person except as provided in this section and 19 AS 12.62.190(d). 20  (b) Subject to the requirements of this section, and except as otherwise limited 21 or prohibited by other provision of law or court rule, criminal justice information may 22 be released by a criminal justice agency as follows: 23  (1) an assessment or summary of criminal justice information may be 24 provided to a person when necessary to avoid imminent danger to life or extensive 25 damage to property; 26  (2) criminal justice information may be provided to any person to the 27 extent required by applicable court rules or under an order of a court of this state, 28 another state, or the United States; 29  (3) criminal justice information may be provided to a person if the 30 information is commonly or traditionally provided by criminal justice agencies in order 31 to identify, locate, or apprehend fugitives or wanted persons or to recover stolen 01 property, or for public reporting of recent arrests, charges, and other criminal justice 02 activity; 03  (4) criminal justice information may be provided to a criminal justice 04 agency for a criminal justice activity; 05  (5) criminal justice information may be provided to a government 06 agency to the extent necessary for enforcement of or for a purpose authorized by local, 07 state, or federal law; 08  (6) criminal justice information may be provided to a person 09 specifically authorized by a state or federal law to receive such information; 10  (7) criminal justice information may be provided to the governor or the 11 lieutenant governor for purposes of 12  (A) personal or family security; or 13  (B) reviewing a candidate for appointment as a 14 state official or employee in the exempt or partially exempt 15 service under AS 39.25.110 or 39.25.120; 16  (8) criminal justice information may be provided to a legislator 17 of this state for purposes of 18  (A) personal or family security; 19  (B) reviewing a governor's appointee whose 20 appointment has been submitted to the legislature for 21 confirmation; or 22  (C) reviewing a candidate for legislative 23 appointment or for employment in the legislative branch of 24 government; 25  (9) criminal justice information may be released to a qualified person, 26 as determined by the agency, for criminal justice research, subject to written conditions 27 that assure the security of the information and the privacy of individuals to whom the 28 information relates; 29  (10) current offender information may be provided to a person for any 30 purpose; 31  (11) past conviction information may be provided to a person for any 01 purpose if less than 10 years has elapsed from the date of unconditional discharge to 02 the date of the request; 03  (12) past conviction information relating to a serious offense may be 04 provided to an interested person if 10 or more years have elapsed from the date of 05 unconditional discharge to the date of the request and if the information is requested 06 for the purpose of determining whether to grant a person supervisory or disciplinary 07 power over a minor or dependent adult; and 08  (13) criminal justice information may be provided to the person who 09 is the subject of the information. 10  (c) Unless otherwise provided for in regulations adopted by the commissioner, 11 if access to criminal justice information is permitted under (b) of this section 12  (1) the information may be released only by the agency maintaining 13 that information; 14  (2) the information may not be released under this section without first 15 determining that the information is the most current information available within that 16 criminal justice information system, unless the system is incapable of providing the 17 most current information available within the necessary time period; 18  (3) the information may not be released under this section until the 19 person requesting the information establishes the identity of the subject of the 20 information by fingerprint comparison or another reliable means of identification 21 approved by the department; 22  (4) the information may not be released under this section unless the 23 criminal justice agency releasing the information records the name of the person or 24 agency that is to receive the information, the date the information was released, and 25 the nature of the information; and 26  (5) information released under this section may be used only for the 27 purpose or activity for which the information was released. 28  (d) Notwithstanding AS 09.25, a criminal justice agency may charge fees, 29 established by regulation or municipal ordinance, for processing requests for records 30 under this chapter, unless the request is from a criminal justice agency or is required 31 for purposes of discovery in a criminal case. In addition to fees charged under 01 AS 44.41.025 for processing fingerprints through the Alaska automated fingerprint 02 system, the department may charge fees for other services in connection with the 03 processing of information requests, including fees for contacting other jurisdictions to 04 determine the disposition of an out-of-state arrest or to clarify the nature of an 05 out-of-state conviction. The department may also collect and account for fees charged 06 by the Federal Bureau of Investigation for processing fingerprints forwarded to the 07 bureau by the department. The annual estimated balance in the account maintained by 08 the commissioner of administration under AS 37.05.142 may be used by the legislature 09 to make appropriations to the department to carry out the purposes of this chapter. 10  Sec. 12.62.180. CORRECTION OF CRIMINAL JUSTICE INFORMATION. 11 (a) A criminal justice agency shall correct, modify, or add an explanatory notation to 12 criminal history records that the agency is responsible for maintaining if the revision 13 is necessary to achieve accuracy or completeness. 14  (b) A person may submit a written request to the head of the agency 15 responsible for maintaining criminal justice information asking the agency to correct, 16 modify, or add any information or explanatory notation to criminal justice information 17 about the person that the person believes is inaccurate or incomplete. The decision of 18 the head of the agency is the final administrative decision on the request. 19  (c) The person requesting revision of criminal justice information may appeal 20 an adverse decision of the agency to the court under applicable rules of procedure for 21 appealing the decision of an administrative agency. The appellant bears the burden on 22 appeal of showing that the agency decision was in error. An appeal filed under this 23 subsection may not collaterally attack a court judgment or a decision by prison, 24 probation, or parole authorities, or any other action that is or could have been subject 25 to appeal, post-conviction relief, or other administrative remedy. 26  Sec. 12.62.190. SEALING OF CRIMINAL JUSTICE INFORMATION. (a) 27 Under this section, a criminal justice agency may seal only the information that the 28 agency is responsible for maintaining. 29  (b) A person may submit a written request to the head of the agency 30 responsible for maintaining past conviction or current offender information, asking the 31 agency to seal such information about the person that, beyond a reasonable doubt, 01 resulted from mistaken identity or false accusation. The decision of the head of the 02 agency is the final administrative decision on the request. 03  (c) The person requesting that the information be sealed may appeal an adverse 04 decision of the agency to the court under applicable rules of procedure for appealing 05 the decision of an administrative agency. The appellant bears the burden on appeal 06 of showing that the agency decision was clearly mistaken. An appeal filed under this 07 subsection may not collaterally attack a court judgment or a decision by prison, 08 probation, or parole authorities, or any other action that is or could have been subject 09 to appeal, post-conviction relief, or other administrative remedy. 10  (d) A person about whom information is sealed under this section may deny 11 the existence of the information and of any arrest, charge, conviction, or sentence 12 shown in the information. Information that is sealed under this section may be 13 provided to another person or agency only 14  (1) for record management purposes, including auditing; 15  (2) for criminal justice employment purposes; 16  (3) for review by the subject of the record; 17  (4) for research and statistical purposes; 18  (5) when necessary to prevent imminent harm to a person; or 19  (6) for a use authorized by statute or court order. 20  Sec. 12.62.200. PURGING OF CRIMINAL JUSTICE INFORMATION. (a) 21 A criminal justice agency may purge only the criminal justice information that the 22 agency is responsible for maintaining. An agency may determine when and what 23 information will be purged, in accordance with (b) of this section. 24  (b) Criminal justice information may be purged if the agency determines that 25 the information is devoid of any usefulness to a criminal justice agency due to the 26  (1) death of the subject of the information; 27  (2) age of the information; 28  (3) nature of the offense or of the information; 29  (4) volume of the agency's records or other record management 30 considerations. 31  Sec. 12.62.210. CIVIL ACTION AND DEFENSE. (a) Failure to comply with 01 a requirement of this chapter or a regulation adopted under this chapter is not a basis 02 for civil liability, but may be the basis for employee discipline or administrative action 03 to restrict a person's or agency's access to information. However, a person whose 04 criminal justice information has been released or used in knowing violation of this 05 chapter or a regulation adopted under this chapter may bring an action for damages in 06 the superior court. 07  (b) It is a defense to a civil or criminal action based on a violation of this 08 chapter, or regulations adopted under this chapter, if a person relied in good faith upon 09 the provisions of this chapter or of other laws or regulations governing maintenance, 10 release, or use of criminal justice information, or upon policies or procedures 11 established by a criminal justice agency. 12  Sec. 12.62.900. DEFINITIONS. In this chapter, 13  (1) "agency" means a criminal justice agency; 14  (2) "arrestable offense" means an offense that is committed by an adult 15 or by a juvenile who has been charged as an adult, and that is 16  (A) a violation of a federal or state criminal law, or municipal 17 criminal ordinance; 18  (B) an offense resulting in arrest under AS 12.25.170; or 19  (C) an offense resulting in arrest under AS 12.70; 20  (3) "automatic data processing" has the meaning given in AS 44.21.170; 21  (4) "board" means the Criminal Justice Information Advisory Board; 22  (5) "commissioner" means the commissioner of public safety; 23  (6) "complete" means that a criminal history record contains 24 information about the disposition of criminal charges occurring in the state within 90 25 days after the disposition occurred; 26  (7) "correctional facility" means a prison, jail, or other facility for the 27 temporary or indefinite confinement of persons charged with criminal offenses; 28  (8) "correctional treatment information" means information about an 29 identifiable person, excluding past conviction information or current offender 30 information, collected to monitor that person in a correctional facility or while under 31 correctional supervision, including the person's current or past institutional behavior, 01 medical or psychological condition, or rehabilitative progress; 02  (9) "criminal history record information" means information that 03 contains 04  (A) past conviction information; 05  (B) current offender information; 06  (C) criminal identification information; 07  (10) "criminal identification information" means fingerprints, 08 photographs, and other information or descriptions that identify a person as having 09 been the subject of a criminal arrest or prosecution; 10  (11) "criminal justice activity" means 11  (A) investigation, identification, apprehension, detention, pretrial 12 or post-trial release, prosecution, adjudication, or correctional supervision or 13 rehabilitation of a person accused or convicted of a crime; 14  (B) collection, storage, transmission, and release of criminal 15 justice information; or 16  (C) the employment of personnel engaged in activities described 17 in (A) or (B) of this paragraph; 18  (12) "criminal justice agency" means 19  (A) a court with criminal jurisdiction or an employee of that 20 court; 21  (B) a government entity or subdivision of a government entity 22 that allocates a substantial portion of its budget to a criminal justice activity 23 under a law, regulation, or ordinance; or 24  (C) an individual or organization obligated to undertake a 25 criminal justice activity under a written agreement with an agency described in 26 (A) or (B) of this paragraph; as used in this subparagraph, "organization" 27 includes an interagency or interjurisdictional task force formed to further 28 common criminal justice goals; 29  (13) "criminal justice information" means any of the following, other 30 than a court record, a record of traffic offenses maintained for the purpose of 31 regulating drivers' licenses, or a record of a juvenile subject to the jurisdiction of the 01 juvenile court under AS 47.10: 02  (A) criminal history record information; 03  (B) nonconviction information; 04  (C) correctional treatment information; 05  (D) information relating to a person to be located, whether or 06 not that person is wanted in connection with the commission of a crime; 07  (14) "criminal justice information system" means an automatic data 08 processing system used to collect, store, display, or transmit criminal justice 09 information, and that permits information within the system, without action by the 10 agency maintaining the information, to be directly accessed by another principal 11 department of the state, another branch of state government, an agency of another state 12 or the federal government, or by a political subdivision of a state or the federal 13 government; 14  (15) "current offender information" means information showing that an 15 identifiable person 16  (A) is currently under arrest for or is charged with a crime and 17  (i) prosecution is under review or has been deferred by 18 written or oral agreement; 19  (ii) a warrant exists for the person's arrest; or 20  (iii) less than a year has elapsed since the date of the 21 arrest or filing of the charges, whichever is latest; 22  (B) is currently released on bail or on other conditions imposed 23 by a court in a criminal case, either pretrial or post-trial, including the 24 conditions of the release; 25  (C) is currently serving a criminal sentence or is under the 26 custody of the commissioner of corrections for supervision purposes; "current 27 offender information" under this subparagraph includes 28  (i) the terms and conditions of any sentence, probation, 29 suspended imposition of sentence, discretionary or mandatory parole, 30 furlough, executive clemency, or other release; and 31  (ii) the location of any place of incarceration, halfway 01 house, restitution center, or other correctional placement to which the 02 person is assigned; and 03  (D) has had a criminal conviction or sentence reversed, vacated, 04 set aside, or has been the subject of executive clemency; 05  (16) "department" means the Department of Public Safety; 06  (17) "dependent adult" means an adult with a physical or mental 07 disability who requires assistance or supervision with the activities of daily living; 08  (18) "information" means, unless the context clearly indicates 09 otherwise, data compiled within a criminal justice information system; 10  (19) "interested person" means a corporation, company, partnership, 11 firm, association, organization, business trust, or society, as well as a natural person, 12 that employs, appoints, or permits a person to serve with or without compensation in 13 a position in which the person has or would have supervisory or disciplinary power 14 over a minor or dependent adult; 15  (20) "nonconviction information" means information that an identifiable 16 person was arrested or that criminal charges were filed or considered against the 17 person and 18  (A) a prosecutor or grand jury has elected not to begin criminal 19 proceedings against the person and at least a year has elapsed since that 20 decision; 21  (B) criminal charges against the person have been dismissed or 22 the person has been acquitted and at least a year has elapsed since that action; 23 or 24  (C) there is no indication of the disposition of the criminal 25 charges or the arrest and at least a year has elapsed since the arrest, filing of 26 the charges, or referral of the matter for review by a prosecutor, whichever is 27 latest; 28  (21) "past conviction information" means information showing that an 29 identifiable person who has been unconditionally discharged has previously been 30 convicted of a crime; "past conviction information" includes 31  (A) the terms of any sentence, probation, suspended imposition 01 of sentence, or discretionary or mandatory parole; and 02  (B) information that a criminal conviction or sentence has been 03 reversed, vacated, set aside, or been the subject of executive clemency; 04  (22) "purge" means to electronically delete or destroy information in 05 a criminal justice information system so that there can be no access to the information; 06  (23) "seal" means to retain information in a criminal justice information 07 system subject to special restrictions on access or dissemination; 08  (24) "serious offense" means a conviction for a felony offense or a 09 violation or attempted violation of any of the following laws, or of the laws of another 10 jurisdiction with substantially similar elements: 11  (A) AS 11.41.410 - 11.41.470; 12  (B) AS 11.51.130(a)(1), (3), or (5); 13  (C) AS 11.61.110(a)(7); 14  (D) AS 11.66.100 - 11.66.130; or 15  (E) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 16 11.40.420, if committed before January 1, 1980; and 17  (25) "unconditional discharge" has the meaning given in AS 12.55.185. 18 * Sec. 2. AS 44.99.310(f) is amended to read: 19  (f) This section does not apply to criminal intelligence or criminal investigative 20 records, criminal justice information under AS 12.62, state agency personnel or 21 retirement system records, records of applicants for employment with the state agency, 22 or information in documents recorded under AS 40.17. 23 * Sec. 3. AS 12.62.010, 12.62.015, 12.62.017, 12.62.020, 12.62.030, 12.62.035, 12.62.040, 24 12.62.050, 12.62.060, 12.62.070; AS 18.65.060; and AS 44.41.040 are repealed. 25 * Sec. 4. TRANSITION. Notwithstanding sec. 7 of this Act, an agency of the state that 26 has regulation adoption authority or that is authorized by this Act to adopt regulations, may 27 proceed to adopt regulations necessary to implement provisions in this Act that affect that 28 agency. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 29 before July 1, 1995. 30 * Sec. 5. APPLICABILITY. Notwithstanding sec. 7 of this Act, the fingerprinting and 31 mandatory reporting requirements of AS 12.62.120 - 12.62.150, enacted by sec. 1 of this Act, 01 and regulations adopted under those statutes, are not applicable before July 1, 1996 to criminal 02 activity that does not constitute a felony offense. 03 * Sec. 6. Section 4 of this Act takes effect immediately under AS 01.10.070(c). 04 * Sec. 7. Sections 1 - 3 and 5 of this Act take effect July 1, 1995.