SCS CSSSHB 104(HES): "An Act relating to disclosures of information about certain minors."
00SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 104(HES) 01 "An Act relating to disclosures of information about certain minors." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.10.090(e) is amended to read: 04 (e) The court's official records under this chapter that relate to or that are 05 based on a petition filed under this chapter for a minor alleged to be a child in 06 need of aid are confidential and may be inspected only with the court's permission 07 and only by persons having a legitimate interest in them. [A PERSON WITH A 08 LEGITIMATE INTEREST IN THE INSPECTION OF AN OFFICIAL RECORD 09 MAINTAINED BY THE COURT INCLUDES A VICTIM WHO SUFFERED 10 PHYSICAL INJURY OR WHOSE REAL OR PERSONAL PROPERTY WAS 11 DAMAGED AS A RESULT OF AN OFFENSE THAT WAS THE BASIS OF AN 12 ADJUDICATION OR MODIFICATION OF DISPOSITION. IF THE VICTIM 13 KNOWS THE IDENTITY OF THE MINOR, IDENTIFIES THE MINOR OR THE 14 OFFENSE TO THE COURT, AND CERTIFIES THAT THE INFORMATION IS
01 BEING SOUGHT TO CONSIDER OR SUPPORT A CIVIL ACTION AGAINST THE 02 MINOR OR AGAINST THE MINOR'S PARENTS OR GUARDIANS UNDER 03 AS 34.50.020, THE COURT SHALL, SUBJECT TO AS 12.61.110 AND 12.61.140, 04 ALLOW THE VICTIM TO INSPECT AND USE THE FOLLOWING RECORDS 05 AND INFORMATION IN CONNECTION WITH THE CIVIL ACTION: 06 (1) A PETITION FILED UNDER AS 47.10.010(a)(1) SEEKING TO 07 HAVE THE COURT DECLARE THE MINOR A DELINQUENT; 08 (2) A PETITION FILED UNDER AS 47.10.080 SEEKING TO HAVE 09 THE COURT MODIFY OR REVOKE THE MINOR'S PROBATION; 10 (3) A PETITION FILED UNDER AS 47.10.060 REQUESTING THE 11 COURT TO FIND THAT A MINOR IS NOT AMENABLE TO TREATMENT 12 UNDER THIS CHAPTER AND THAT RESULTS IN CLOSURE OF A CASE 13 UNDER AS 47.10.060(a); AND 14 (4) A COURT JUDGMENT OR ORDER ENTERED UNDER 15 AS 47.10.010 - 47.10.142 THAT DISPOSES OF A PETITION IDENTIFIED IN (1) - 16 (3) OF THIS SUBSECTION.] 17 * Sec. 2. AS 47.10.090 is amended by adding new subsections to read: 18 (f) Except as provided in (g) of this section, the court's official records under 19 this chapter that relate to or that are based on a petition filed under this chapter for a 20 minor alleged to be a delinquent minor are confidential and may be inspected only 21 with the court's permission and only by persons having a legitimate interest in them. 22 A person with a legitimate interest in the inspection of the record includes a victim 23 who suffered physical injury or whose real or personal property was damaged as a 24 result of an offense that was the basis of an adjudication or modification of disposition. 25 If the victim knows the identity of the minor, identifies the minor or the offense to the 26 court, and certifies that the information is being sought to consider or support a civil 27 action against the minor or against the minor's parents or guardians under 28 AS 34.50.020, the court shall, subject to AS 12.61.110 and 12.61.140, allow the victim 29 to inspect and use the following records and information in connection with the civil 30 action: 31 (1) a petition filed under AS 47.10.010(a)(1) seeking to have the court
01 declare the minor a delinquent; 02 (2) a petition filed under AS 47.10.080 seeking to have the court 03 modify or revoke the minor's probation; 04 (3) a petition filed under AS 47.10.060 requesting the court to find that 05 a minor is not amenable to treatment under this chapter and that results in closure of 06 a case under AS 47.10.060(a); and 07 (4) a court judgment or order entered under AS 47.10.010 - 47.10.142 08 that disposes of a petition identified in (1) - (3) of this subsection. 09 (g) Upon request, the court's official records described in this subsection that 10 relate to or that are based on a petition filed under this chapter for a minor alleged to 11 be a delinquent minor based on the minor's commission of an offense on or after the 12 effective date of this Act that would be a felony if committed by an adult shall be 13 disclosed unless the court determines that release of the records would compromise the 14 safety of the minor. The provisions of this subsection apply only to 15 (1) the court order entered under AS 47.10.060(a) closing the case after 16 determining that the minor is not amenable to treatment and may be prosecuted as an 17 adult; 18 (2) the court order entered under AS 47.10.080(e) that dismisses the case; 19 or 20 (3) the court's disposition order, based on its judgment that the minor is 21 delinquent, entered under AS 47.10.080(b) indicating disposition of the case following 22 that judgment. 23 * Sec. 3. AS 47.10.093(c) is amended to read: 24 (c) A state or municipal law enforcement agency 25 (1) shall disclose information regarding a case that is needed by the 26 person or agency charged with making a preliminary investigation for the information 27 of the court under AS 47.10.020; 28 (2) may disclose to the public upon request but may not report to the 29 Department of Public Safety under AS 12.62.120 30 (A) the following information about a minor when the minor 31 has been arrested for commission of an offense that would have been a
01 felony if committed by an adult: 02 (i) the minor's name; 03 (ii) the name of the minor's parent or parents; 04 (iii) the date and place of the offense; and 05 (iv) a description of the nature of the offense; and 06 (B) information regarding a criminal offense other than an 07 offense for which a disclosure may be made under (A) of this paragraph in 08 which a minor is a suspect, victim, or witness if the minor is not identified by 09 the disclosure; 10 (3) may disclose to school officials information regarding a case as may 11 be necessary to protect the safety of school students and staff; 12 (4) may disclose to the public information regarding a case as may be 13 necessary to protect the safety of the public; and 14 (5) may disclose to a victim information, including copies of reports, as 15 necessary for civil litigation or insurance claims pursued by or against the victim.