CSHB 442(FIN): "An Act relating to criminal justice information; providing procedural requirements for obtaining certain criminal justice information; and providing for an effective date."
00CS FOR HOUSE BILL NO. 442(FIN) 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 the 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; 06 (8) the commissioner of public safety or the commissioner's designee, 07 who serves as chair of the board; and 08 (9) the executive director of the Alaska Judicial Council or the 09 executive director's designee. 10 (b) Members of the board receive no compensation for services on the board, 11 but are entitled to per diem and travel expenses authorized for boards under 12 AS 39.20.180. 13 (c) The board shall meet once every six months and at such other times as the 14 chair finds necessary. 15 (d) The board shall 16 (1) advise the department and other criminal justice agencies on matters 17 pertaining to the development and operation of the central repository described in 18 AS 12.62.110(1) and other criminal justice information systems, including providing 19 advice about regulations and procedures, and estimating the resources and costs of 20 those resources, needed to carry out the provisions of this chapter; and 21 (2) provide an annual report of its activities and recommendations to 22 the governor and the legislature. 23 Sec. 12.62.110. DUTIES OF THE COMMISSIONER REGARDING 24 INFORMATION SYSTEMS. The commissioner shall 25 (1) develop and operate a criminal justice information system that will 26 serve as the state's central repository of criminal history record information, and that 27 will collect, store, and release criminal justice information as provided in this chapter; 28 (2) consult with the board established by AS 12.62.100 regarding 29 matters concerning the operation of the department's criminal justice information 30 systems; 31 (3) provide a uniform crime reporting system for the periodic
01 collection, analysis, and reporting of crimes, and compile and publish statistics and 02 other information on the nature and extent of crime in the state; 03 (4) cooperate with other agencies of the state, the criminal record 04 repositories of other states, the Interstate Identification Index, the National Law 05 Enforcement Telecommunications System, the National Crime Information Center, and 06 other appropriate agencies or systems, in the development and operation of an effective 07 interstate, national, and international system of criminal identification, records, and 08 statistics; and 09 (5) in accordance with AS 44.62 (Administrative Procedure Act), adopt 10 regulations necessary to implement the provisions of this chapter; in adopting the 11 regulations, the commissioner shall consult with affected law enforcement agencies 12 regarding the fiscal implications of the regulations; regulations may not be adopted 13 under this section that affect procedures of the court system; 14 Sec. 12.62.120. MANDATORY FINGERPRINTING. (a) When a person is 15 taken into custody for an arrestable offense, with or without a warrant, fingerprints of 16 the person may be taken by the law enforcement agency with custody of the person. 17 If the law enforcement agency with custody of the person does not take the 18 fingerprints, they shall be taken by the correctional facility where the person is lodged 19 following the arrest. 20 (b) At the initial court appearance or arraignment of a person for an arrestable 21 offense, the court shall determine if the person's fingerprints have been taken in 22 connection with the offense. If the court is unable to conclusively determine that the 23 person's fingerprints have been taken, the court shall order the person to submit to 24 fingerprinting within 24 hours at the appropriate correctional facility unless, after 25 consultation with state or local law enforcement agencies, the court determines that 26 another place for taking fingerprints is more appropriate. 27 (c) When a defendant is sentenced or otherwise adjudicated for an arrestable 28 offense, the court shall determine if legible fingerprints have been taken in connection 29 with the proceedings. If the court is unable to conclusively determine that legible 30 fingerprints have been taken, the court shall order that the defendant, as a condition 31 of sentence, adjudication, suspended imposition of sentence, probation, or release,
01 submit to fingerprinting within 24 hours at the appropriate correctional facility unless, 02 after consultation with state or local law enforcement agencies, the court determines 03 that another place for taking fingerprints is more appropriate. 04 (d) The department shall develop standard forms and procedures for the taking 05 of fingerprints under this section. Fingerprints shall be 06 (1) taken on a form, and in the manner, prescribed by the department; 07 and 08 (2) forwarded within five working days to the department. 09 (e) When the department receives fingerprints of a person in connection with 10 an arrestable offense, the department shall make a reasonable effort to confirm the 11 identity of the person fingerprinted. If the department finds that the person 12 fingerprinted has criminal history record information under a name other than the name 13 submitted with the fingerprints, the department shall promptly notify the officer, 14 agency, or facility that took the fingerprints. 15 (f) If the arresting officer, the law enforcement agency that employs the 16 officer, or the correctional facility where fingerprints were taken is notified by the 17 department that fingerprints taken under this section are not legible, the officer, 18 agency, or facility shall make a reasonable effort to obtain a legible set of fingerprints. 19 If legible fingerprints cannot be obtained within a reasonable period of time, and if the 20 illegible fingerprints were taken under a court order, the officer or agency shall inform 21 the court, which shall order the defendant to submit to fingerprinting again. 22 Sec. 12.62.130. REPORTING OF CRIMINAL JUSTICE INFORMATION. 23 (a) The commissioner, by regulation and after consultation with the board and affected 24 agencies, may designate which criminal justice agencies are responsible for reporting 25 the events described in (b) of this section. An agency designated under this subsection 26 shall report the events described in (b) of this section to the department, at the time, 27 in the manner, and in the form specified by the department. 28 (b) An agency designated under (a) of this section shall report the following 29 events to the department if they occur in connection with an arrestable offense: 30 (1) the issuance, receipt, withdrawal, quashing, or execution of a 31 judicial arrest warrant, a governor's warrant of arrest for extradition, or a parole arrest
01 warrant; 02 (2) an arrest, with or without a warrant, or an escape after arrest; 03 (3) the release of a person after arrest without charges being filed; 04 (4) the admittance to, release or escape from, or unlawful evasion of, 05 official detention in a correctional facility, either pretrial or post-trial; 06 (5) a decision by a prosecutor or a grand jury not to commence 07 criminal proceedings, to defer or indefinitely postpone prosecution, or to decline to 08 prosecute charges; 09 (6) the filing of a charging document, including an indictment, criminal 10 complaint, criminal information, or a petition or other document showing a violation 11 of bail, probation, or parole, or the amendment of a charging document; 12 (7) an acquittal, dismissal, conviction or other disposition of charges 13 set out in a charging document described in (6) of this subsection; 14 (8) the imposition of a sentence or the granting of a suspended 15 imposition of sentence under AS 12.55.085; 16 (9) the commencement or expiration of parole or probation supervision; 17 (10) the commitment to or release from a facility, designated by the 18 Department of Health and Social Services, of a person who was previously accused 19 of a crime but who has been found to be incompetent to stand trial or found not 20 criminally responsible; 21 (11) the filing of an action in an appellate court or a federal court 22 relating to a conviction or sentence; 23 (12) a judgment of a court that reverses, remands, vacates, or reinstates 24 a criminal charge, conviction, or sentence; 25 (13) a pardon, reprieve, executive clemency, commutation of sentence, 26 or other change in the length or terms of a sentence by executive or judicial action; 27 and 28 (14) any other event required to be reported under regulations adopted 29 under this chapter. 30 Sec. 12.62.140. REPORTING OF UNIFORM CRIME INFORMATION. A 31 criminal justice agency shall submit to the department, at the time, in the manner, and
01 in the form specified by the department, data regarding crimes committed within that 02 agency's jurisdiction. The department shall compile, and provide to the governor and 03 the attorney general, an annual report concerning the number and nature of criminal 04 offenses committed, the disposition of the offenses, and any other data the 05 commissioner finds appropriate relating to the method, frequency, cause, and 06 prevention of crime. 07 Sec. 12.62.150. REPORTING OF INFORMATION REGARDING WANTED 08 PERSONS AND STOLEN PROPERTY. (a) A criminal justice agency shall report 09 to the department, at the time, in the manner, and in the form specified by the 10 department, data regarding 11 (1) a person the agency is trying to locate, whether that person is 12 wanted in connection with the commission of a crime, and the discovery, if any, of 13 that person; 14 (2) the theft, and recovery if any, of an identifiable motor vehicle; and 15 (3) the theft, and recovery if any, of identifiable property. 16 (b) A criminal justice agency, annually and at other times if requested by the 17 department, shall confirm whether information already reported under (a) of this 18 section continues to be valid, and shall cooperate with the department in periodic 19 audits to validate the information reported. 20 Sec. 12.62.160. COMPLETENESS, ACCURACY, AND SECURITY OF 21 CRIMINAL JUSTICE INFORMATION. (a) A criminal justice agency shall 22 (1) adopt reasonable procedures to ensure that criminal justice 23 information that the agency maintains is accurate and complete; 24 (2) notify a criminal justice agency known to have received information 25 of a material nature that is inaccurate or incomplete; 26 (3) provide adequate procedures and facilities to protect criminal justice 27 information from unauthorized access and from accidental or deliberate damage by 28 theft, sabotage, fire, flood, wind, or power failure; 29 (4) provide procedures for screening, supervising, and disciplining 30 agency personnel in order to minimize the risk of security violations; 31 (5) provide training for employees working with or having access to
01 criminal justice information; 02 (6) if maintaining criminal justice information within an automated 03 information system operated by a noncriminal justice agency, develop or approve 04 system operating procedures to comply with this chapter or regulations adopted under 05 this chapter, and monitor the implementation of those procedures to ensure that they 06 are effective; and 07 (7) maintain, for at least three years, and make available for audit 08 purposes, 09 (A) records showing the accuracy and completeness of 10 information maintained by the agency in a criminal justice information system; 11 and 12 (B) records required to be maintained under AS 12.62.170(c)(4). 13 (b) The department shall adopt reasonable procedures designed to ensure that 14 information about arrests and criminal charges that is stored in a criminal justice 15 information system can be linked with information about the disposition of those 16 arrests and charges. 17 (c) Every two years the department shall undertake an audit, and every four 18 years shall obtain an independent audit, of the department's criminal justice 19 information system that serves as the central repository and of a sample of other state 20 and local criminal justice information systems, to verify adherence to the requirements 21 of this chapter and other applicable laws. The department shall provide to the board 22 the final report of each audit. 23 Sec. 12.62.170. RELEASE AND USE OF CRIMINAL JUSTICE 24 INFORMATION; FEES. (a) Criminal justice information and the identity of 25 recipients of criminal justice information is confidential and exempt from disclosure 26 under AS 09.25. The existence or nonexistence of criminal justice information may 27 not be released to or confirmed to any person except as provided in this section and 28 AS 12.62.190(d). 29 (b) Subject to the requirements of this section, and except as otherwise limited 30 or prohibited by other provision of law or court rule, criminal justice information may 31 be released by a criminal justice agency as follows:
01 (1) an assessment or summary of criminal justice information may be 02 provided to a person when necessary to avoid imminent danger to life or extensive 03 damage to property; 04 (2) criminal justice information may be provided to any person to the 05 extent required by applicable court rules or under an order of a court of this state, 06 another state, or the United States; 07 (3) criminal justice information may be provided to a person if the 08 information is commonly or traditionally provided by criminal justice agencies in order 09 to identify, locate, or apprehend fugitives or wanted persons or to recover stolen 10 property, or for public reporting of recent arrests, charges, and other criminal justice 11 activity; 12 (4) criminal justice information may be provided to a criminal justice 13 agency for a criminal justice activity; 14 (5) criminal justice information may be provided to a government 15 agency to the extent necessary for enforcement of or for a purpose authorized by local, 16 state, or federal law; 17 (6) criminal justice information may be provided to a person 18 specifically authorized by a state or federal law to receive such information; 19 (7) criminal justice information may be provided to the governor or the 20 lieutenant governor for purposes of 21 (A) personal or family security; or 22 (B) reviewing a candidate for appointment as a state official or 23 employee in the exempt or partially exempt service under AS 39.25.110 or 24 39.25.120; 25 (8) criminal justice information may be provided to a legislator 26 of this state for purposes of 27 (A) personal or family security; 28 (B) reviewing a governor's appointee whose appointment has 29 been submitted to the legislature for confirmation; or 30 (C) reviewing a candidate for legislative appointment or for 31 employment in the legislative branch of government;
01 (9) criminal justice information may be released to a qualified person, 02 as determined by the agency, for criminal justice research, subject to written conditions 03 that assure the security of the information and the privacy of individuals to whom the 04 information relates; 05 (10) current offender information may be provided to a person for any 06 purpose; 07 (11) past conviction information may be provided to a person for any 08 purpose if less than 10 years has elapsed from the date of unconditional discharge to 09 the date of the request; 10 (12) past conviction information relating to a serious offense may be 11 provided to an interested person if 10 or more years have elapsed from the date of 12 unconditional discharge to the date of the request and if the information is requested 13 for the purpose of determining whether to grant a person supervisory or disciplinary 14 power over a minor or dependent adult; and 15 (13) criminal justice information may be provided to the person who 16 is the subject of the information. 17 (c) Unless otherwise provided for in regulations adopted by the commissioner, 18 if access to criminal justice information is permitted under (b) of this section 19 (1) the information may be released only by the agency maintaining 20 that information; 21 (2) the information may not be released under this section without first 22 determining that the information is the most current information available within that 23 criminal justice information system, unless the system is incapable of providing the 24 most current information available within the necessary time period; 25 (3) the information may not be released under this section until the 26 person requesting the information establishes the identity of the subject of the 27 information by fingerprint comparison or another reliable means of identification 28 approved by the department; 29 (4) the information may not be released under this section unless the 30 criminal justice agency releasing the information records, and maintains for at least 31 three years, the name of the person or agency that is to receive the information, the
01 date the information was released, the nature of the information, and the statutory 02 authority that permits the release; and 03 (5) information released under this section may be used only for the 04 purpose or activity for which the information was released. 05 (d) Notwithstanding AS 09.25, a criminal justice agency may charge fees, 06 established by regulation or municipal ordinance, for processing requests for records 07 under this chapter, unless the request is from a criminal justice agency or is required 08 for purposes of discovery in a criminal case. In addition to fees charged under 09 AS 44.41.025 for processing fingerprints through the Alaska automated fingerprint 10 system, the department may charge fees for other services in connection with the 11 processing of information requests, including fees for contacting other jurisdictions to 12 determine the disposition of an out-of-state arrest or to clarify the nature of an 13 out-of-state conviction. The department may also collect and account for fees charged 14 by the Federal Bureau of Investigation for processing fingerprints forwarded to the 15 bureau by the department. The annual estimated balance in the account maintained by 16 the commissioner of administration under AS 37.05.142 may be used by the legislature 17 to make appropriations to the department to carry out the purposes of this chapter. 18 Sec. 12.62.180. CORRECTION OF CRIMINAL JUSTICE INFORMATION. 19 (a) A criminal justice agency shall correct, modify, or add an explanatory notation to 20 criminal history records that the agency is responsible for maintaining if the revision 21 is necessary to achieve accuracy or completeness. 22 (b) A person may submit a written request to the head of the agency 23 responsible for maintaining criminal justice information asking the agency to correct, 24 modify, or add any information or explanatory notation to criminal justice information 25 about the person that the person believes is inaccurate or incomplete. The decision of 26 the head of the agency is the final administrative decision on the request. 27 (c) The person requesting revision of criminal justice information may appeal 28 an adverse decision of the agency to the court under applicable rules of procedure for 29 appealing the decision of an administrative agency. The appellant bears the burden on 30 appeal of showing that the agency decision was in error. An appeal filed under this 31 subsection may not collaterally attack a court judgment or a decision by prison,
01 probation, or parole authorities, or any other action that is or could have been subject 02 to appeal, post-conviction relief, or other administrative remedy. 03 Sec. 12.62.190. SEALING OF CRIMINAL JUSTICE INFORMATION. (a) 04 Under this section, a criminal justice agency may seal only the information that the 05 agency is responsible for maintaining. 06 (b) A person may submit a written request to the head of the agency 07 responsible for maintaining past conviction or current offender information, asking the 08 agency to seal such information about the person that, beyond a reasonable doubt, 09 resulted from mistaken identity or false accusation. The decision of the head of the 10 agency is the final administrative decision on the request. 11 (c) The person requesting that the information be sealed may appeal an adverse 12 decision of the agency to the court under applicable rules of procedure for appealing 13 the decision of an administrative agency. The appellant bears the burden on appeal 14 of showing that the agency decision was clearly mistaken. An appeal filed under this 15 subsection may not collaterally attack a court judgment or a decision by prison, 16 probation, or parole authorities, or any other action that is or could have been subject 17 to appeal, post-conviction relief, or other administrative remedy. 18 (d) A person about whom information is sealed under this section may deny 19 the existence of the information and of an arrest, charge, conviction, or sentence shown 20 in the information. Information that is sealed under this section may be provided to 21 another person or agency only 22 (1) for record management purposes, including auditing; 23 (2) for criminal justice employment purposes; 24 (3) for review by the subject of the record; 25 (4) for research and statistical purposes; 26 (5) when necessary to prevent imminent harm to a person; or 27 (6) for a use authorized by statute or court order. 28 Sec. 12.62.200. PURGING OF CRIMINAL JUSTICE INFORMATION. (a) 29 A criminal justice agency may purge only the criminal justice information that the 30 agency is responsible for maintaining. An agency may determine when and what 31 information will be purged, under (b) of this section.
01 (b) Criminal justice information may be purged if the agency determines that 02 the information is devoid of usefulness to a criminal justice agency due to the 03 (1) death of the subject of the information; 04 (2) age of the information; 05 (3) nature of the offense or of the information; 06 (4) volume of the agency's records or other record management 07 considerations. 08 Sec. 12.62.210. CIVIL ACTION AND DEFENSE. (a) Failure to comply with 09 a requirement of this chapter or a regulation adopted under this chapter is not a basis 10 for civil liability, but may be the basis for employee discipline or administrative action 11 to restrict a person's or agency's access to information. However, a person whose 12 criminal justice information has been released or used in knowing violation of this 13 chapter or a regulation adopted under this chapter may bring an action for damages in 14 the superior court. 15 (b) It is a defense to a civil or criminal action based on a violation of this 16 chapter, or regulations adopted under this chapter, if a person relied in good faith upon 17 the provisions of this chapter or of other laws or regulations governing maintenance, 18 release, or use of criminal justice information, or upon policies or procedures 19 established by a criminal justice agency. 20 Sec. 12.62.900. DEFINITIONS. In this chapter, 21 (1) "agency" means a criminal justice agency; 22 (2) "arrestable offense" means conduct subjecting a person to arrest as 23 an adult offender, or as a juvenile charged as an adult, 24 (A) due to a violation of a federal or state criminal law, or 25 municipal criminal ordinance; 26 (B) under AS 12.25.180; 27 (C) under AS 12.30.060; or 28 (D) under AS 12.70; 29 (3) "automatic data processing" has the meaning given in AS 44.21.170; 30 (4) "board" means the Criminal Justice Information Advisory Board; 31 (5) "commissioner" means the commissioner of public safety;
01 (6) "complete" means that a criminal history record contains 02 information about the disposition of criminal charges occurring in the state within 90 03 days after the disposition occurred; 04 (7) "correctional facility" has the meaning given in AS 33.30.901; 05 (8) "correctional treatment information" means information about an 06 identifiable person, excluding past conviction information or current offender 07 information, collected to monitor that person in a correctional facility or while under 08 correctional supervision, including the person's current or past institutional behavior, 09 medical or psychological condition, or rehabilitative progress; 10 (9) "criminal history record information" means information that 11 contains 12 (A) past conviction information; 13 (B) current offender information; 14 (C) criminal identification information; 15 (10) "criminal identification information" means fingerprints, 16 photographs, and other information or descriptions that identify a person as having 17 been the subject of a criminal arrest or prosecution; 18 (11) "criminal justice activity" means 19 (A) investigation, identification, apprehension, detention, pretrial 20 or post-trial release, prosecution, adjudication, or correctional supervision or 21 rehabilitation of a person accused or convicted of a crime; 22 (B) collection, storage, transmission, and release of criminal 23 justice information; or 24 (C) the employment of personnel engaged in activities described 25 in (A) or (B) of this paragraph; 26 (12) "criminal justice agency" means 27 (A) a court with criminal jurisdiction or an employee of that 28 court; 29 (B) a government entity or subdivision of a government entity 30 that allocates a substantial portion of its budget to a criminal justice activity 31 under a law, regulation, or ordinance; or
01 (C) an individual or organization obligated to undertake a 02 criminal justice activity under a written agreement with an agency described in 03 (A) or (B) of this paragraph; as used in this subparagraph, "organization" 04 includes an interagency or interjurisdictional task force formed to further 05 common criminal justice goals; 06 (13) "criminal justice information" means any of the following, other 07 than a court record, a record of traffic offenses maintained for the purpose of 08 regulating drivers' licenses, or a record of a juvenile subject to the jurisdiction of the 09 juvenile court under AS 47.10: 10 (A) criminal history record information; 11 (B) nonconviction information; 12 (C) correctional treatment information; 13 (D) information relating to a person to be located, whether or 14 not that person is wanted in connection with the commission of a crime; 15 (14) "criminal justice information system" means an automatic data 16 processing system used to collect, store, display, or transmit criminal justice 17 information, and that permits information within the system, without action by the 18 agency maintaining the information, to be directly accessed by another principal 19 department of the state, another branch of state government, an agency of another state 20 or the federal government, or by a political subdivision of a state or the federal 21 government; 22 (15) "current offender information" means information showing that an 23 identifiable person 24 (A) is currently under arrest for or is charged with a crime and 25 (i) prosecution is under review or has been deferred by 26 written or oral agreement; 27 (ii) a warrant exists for the person's arrest; or 28 (iii) less than a year has elapsed since the date of the 29 arrest or filing of the charges, whichever is latest; 30 (B) is currently released on bail or on other conditions imposed 31 by a court in a criminal case, either pretrial or post-trial, including the
01 conditions of the release; 02 (C) is currently serving a criminal sentence or is under the 03 custody of the commissioner of corrections for supervision purposes; "current 04 offender information" under this subparagraph includes 05 (i) the terms and conditions of any sentence, probation, 06 suspended imposition of sentence, discretionary or mandatory parole, 07 furlough, executive clemency, or other release; and 08 (ii) the location of any place of incarceration, halfway 09 house, restitution center, or other correctional placement to which the 10 person is assigned; and 11 (D) has had a criminal conviction or sentence reversed, vacated, 12 set aside, or has been the subject of executive clemency; 13 (16) "department" means the Department of Public Safety; 14 (17) "dependent adult" means an adult with a physical or mental 15 disability who requires assistance or supervision with the activities of daily living; 16 (18) "information" means, unless the context clearly indicates 17 otherwise, data compiled within a criminal justice information system; 18 (19) "interested person" means a person as defined in AS 01.10.060 that 19 employs, appoints, or permits a person to serve with or without compensation in a 20 position in which the person has or would have supervisory or disciplinary power over 21 a minor or dependent adult; 22 (20) "nonconviction information" means information that an identifiable 23 person was arrested or that criminal charges were filed or considered against the 24 person and 25 (A) a prosecutor or grand jury has elected not to begin criminal 26 proceedings against the person and at least a year has elapsed since that 27 decision; 28 (B) criminal charges against the person have been dismissed or 29 the person has been acquitted and at least a year has elapsed since that action; 30 or 31 (C) there is no indication of the disposition of the criminal
01 charges or the arrest and at least a year has elapsed since the arrest, filing of 02 the charges, or referral of the matter for review by a prosecutor, whichever is 03 latest; 04 (21) "past conviction information" means information showing that an 05 identifiable person who has been unconditionally discharged has previously been 06 convicted of a crime; "past conviction information" includes 07 (A) the terms of any sentence, probation, suspended imposition 08 of sentence, or discretionary or mandatory parole; and 09 (B) information that a criminal conviction or sentence has been 10 reversed, vacated, set aside, or been the subject of executive clemency; 11 (22) "purge" means to electronically delete or destroy information in 12 a criminal justice information system so that there can be no access to the information; 13 (23) "seal" means to retain information in a criminal justice information 14 system subject to special restrictions on access or dissemination; 15 (24) "serious offense" means a conviction for a felony offense or a 16 violation or attempted violation of any of the following laws, or of the laws of another 17 jurisdiction with substantially similar elements: 18 (A) AS 11.41.410 - 11.41.470; 19 (B) AS 11.51.130(a)(1), (3), or (5); 20 (C) AS 11.61.110(a)(7); 21 (D) AS 11.66.100 - 11.66.130; or 22 (E) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 23 11.40.420, if committed before January 1, 1980; and 24 (25) "unconditional discharge" has the meaning given in AS 12.55.185. 25 * Sec. 2. AS 44.99.310(f) is amended to read: 26 (f) This section does not apply to criminal intelligence or criminal investigative 27 records, criminal justice information under AS 12.62, state agency personnel or 28 retirement system records, records of applicants for employment with the state agency, 29 or information in documents recorded under AS 40.17. 30 * Sec. 3. AS 12.55.147; AS 12.62.010, 12.62.015, 12.62.017, 12.62.020, 12.62.030, 31 12.62.035, 12.62.040, 12.62.050, 12.62.060, 12.62.070; AS 18.65.060; and AS 44.41.040 are
01 repealed. 02 * Sec. 4. Notwithstanding the repeal of AS 44.41.040 by sec. 3 of this Act, the regulations 03 adopted under AS 44.41.040 that are in effect on the effective date of this Act remain in effect 04 until the regulations required to be adopted under AS 12.62.170(d), added by sec. 1 of this 05 Act, take effect. 06 * Sec. 5. TRANSITION. Notwithstanding sec. 8 of this Act, an agency of the state that 07 has regulation adoption authority or that is authorized by this Act to adopt regulations, may 08 proceed to adopt regulations necessary to implement provisions in this Act that affect that 09 agency. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 10 before July 1, 1995. 11 * Sec. 6. APPLICABILITY. Notwithstanding sec. 8 of this Act, the fingerprinting and 12 mandatory reporting requirements of AS 12.62.120 - 12.62.150, added by sec. 1 of this Act, 13 and regulations adopted under those statutes, are not applicable before July 1, 1996 to criminal 14 activity that does not constitute a felony offense. 15 * Sec. 7. Section 5 of this Act takes effect immediately under AS 01.10.070(c). 16 * Sec. 8. Sections 1 - 4 and 6 of this Act take effect July 1, 1995.