CSHB 125(HES): "An Act relating to disclosures to school officials of information about certain minors."

00CS FOR HOUSE BILL NO. 125(HES) 01 "An Act relating to disclosures to school officials of information about certain 02 minors." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.10.060(e) is amended to read: 05  (e) A person who has been tried as an adult under this section, or the 06 department on the person's behalf, may petition the superior court to seal the records 07 of all criminal proceedings, except traffic offenses, initiated against the person, and all 08 punishments assessed against the person, while the person was a minor. A petition 09 under this subsection may not be filed until five years after the completion of the 10 sentence imposed for the offense for which the person was tried as an adult. If the 11 superior court finds that the punishment assessed against the person has had its 12 intended rehabilitative effect and further finds that the person has fulfilled all orders 13 of the court entered under AS 47.10.080(b), the superior court shall order the record 14 of proceedings and the record of punishments sealed. Sealing the records restores civil

01 rights removed because of a conviction. A person may not use these sealed records 02 for any purpose except that the court may order their use for good cause shown or may 03 order their use by an officer of the court in making a presentencing report for the 04 court. The court may not, under this subsection, seal records of a criminal proceeding 05  (1) that are subject to disclosure under AS 47.10.090(f); 06  (2) initiated against a person if the court finds that the person has not 07 complied with a court order made under AS 47.10.080(b); or 08  (3) [(2)] commenced under AS 47.10.010(e) unless the minor has been 09 acquitted of all offenses with which the minor was charged or unless the most serious 10 offense of which the minor was convicted was not an offense specified in 11 AS 47.10.010(e)(1) or (2). 12 * Sec. 2. AS 47.10.090(c) is amended to read: 13  (c) Within 30 days of the date of a minor's 18th birthday or, if the court 14 retains jurisdiction of a minor past the minor's 18th birthday, within 30 days of the 15 date on which the court releases jurisdiction over the minor, the court shall order all 16 the court's official records pertaining to that minor, except the records that are 17 subject to disclosure under (f) of this section, sealed. The court order directing 18 that the records be sealed must include the [, AS WELL AS] records of all driver's 19 license proceedings under AS 28.15.185, of all criminal proceedings against the minor 20 except the records of criminal proceedings that are subject to disclosure under (f) 21 of this section, and of all punishments assessed against the minor, except records of 22 punishments that are subject to disclosure under (f) of this section. A person may 23 not use these sealed records for any purpose except that the court may order their use 24 for good cause shown or may order their use by an officer of the court in making a 25 presentencing report for the court. The provisions of this subsection relating to the 26 sealing of records do not apply to records of traffic offenses. 27 * Sec. 3. AS 47.10.090(d) is amended to read: 28  (d) Except as provided by (f) of this section, the [THE] name or picture of 29 a minor under the jurisdiction of the court may not be made public in connection with 30 the minor's status as a delinquent child or a child in need of aid unless authorized by 31 order of the court.

01 * Sec. 4. AS 47.10.090(e) is amended to read: 02  (e) The court's official records that, under this chapter, are required to be 03 confidential or that have been sealed may be inspected only with the court's 04 permission and only by persons having a legitimate interest in them. A person with 05 a legitimate interest in the inspection of an official record maintained by the court 06 includes a victim who suffered physical injury or whose real or personal property was 07 damaged as a result of an offense that was the basis of an adjudication or modification 08 of disposition. If the victim knows the identity of the minor, identifies the minor or 09 the offense to the court, and certifies that the information is being sought to consider 10 or support a civil action against the minor or against the minor's parents or guardians 11 under AS 34.50.020, the court shall, subject to AS 12.61.110 and 12.61.140, allow the 12 victim to inspect and use the following records and information in connection with the 13 civil action: 14  (1) a petition filed under AS 47.10.010(a)(1) seeking to have the court 15 declare the minor a delinquent; 16  (2) a petition filed under AS 47.10.080 seeking to have the court 17 modify or revoke the minor's probation; 18  (3) a petition filed under AS 47.10.060 requesting the court to find that 19 a minor is not amenable to treatment under this chapter and that results in closure of 20 a case under AS 47.10.060(a); and 21  (4) a court judgment or order entered under AS 47.10.010 - 47.10.142 22 that disposes of a petition identified in (1) - (3) of this subsection. 23 * Sec. 5. AS 47.10.090 is amended by adding a new subsection to read: 24  (f) If a minor who has been adjudicated delinquent is enrolled in school, the 25 clerk of the court in which the adjudication order is entered 26  (1) shall transmit a copy of the court's adjudication order to the 27 principal of the minor's school if 28  (A) the minor has been adjudicated delinquent for committing 29 an offense on the school's property; or 30  (B) the minor has been adjudicated delinquent for committing 31 one or more of the following acts that, if committed by an adult, would be a

01 violation of 02  (i) AS 11.41 and the violation is punishable as a felony; 03  (ii) AS 11.46.100 - 11.46.490 and the violation is 04 punishable as a felony; 05  (iii) AS 11.71 and the violation is punishable as a 06 felony; or 07  (iv) a statute defining a criminal offense if the offense 08 involved the possession or use of a deadly weapon, as that term is 09 defined by AS 11.81.900(b); 10  (2) shall provide with the copy of the adjudication order a notice to 11 the principal that the copy of the order may not be disclosed except as provided in 12 AS 47.10.093(h); and 13  (3) shall maintain a record of the adjudication order released to the 14 principal under this subsection and the basis for its release. 15 * Sec. 6. AS 47.10.093(a) is amended to read: 16  (a) Except as specified in AS 47.10.092 and (b) - (f), and (h) of this section, 17 all information and social records pertaining to a minor who is subject to this chapter 18 or AS 47.17 prepared by or in the possession of a federal, state, or municipal agency 19 or employee in the discharge of the agency's or employee's official duty, including 20 driver's license actions under AS 28.15.185, are privileged and may not be disclosed 21 directly or indirectly to anyone without a court order. 22 * Sec. 7. AS 47.10.093(c) is amended to read: 23  (c) A state or municipal law enforcement agency 24  (1) shall disclose information regarding a case that is needed by the 25 person or agency charged with making a preliminary investigation for the information 26 of the court under AS 47.10.020; 27  (2) may disclose to the public information regarding a criminal offense 28 in which a minor is a suspect, victim, or witness if the minor is not identified by the 29 disclosure; 30  (3) shall notify the principal who shall notify the appropriate 31 teacher of the school attended by a minor who is subject to AS 47.10.010 -

01 47.10.142 and [MAY] disclose to that school official information 02  (A) about an incident occurring within the agency's 03 jurisdiction if the law enforcement agency has probable cause to believe 04 that the minor has committed an offense that would be a crime if 05 committed as an adult and 06  (i) that the victim of the offense is a student or staff 07 member of the school and that notice to the school is reasonably 08 necessary for the protection of the victim; or 09  (ii) is an offense described in AS 47.10.090(f)(1)(B); 10 or 11  (B) [OFFICIALS INFORMATION] regarding a case not 12 required to be disclosed under (A) of this paragraph [AS MAY BE 13 NECESSARY] to protect the safety of school students and staff; 14  (4) may disclose to the public information regarding a case as may be 15 necessary to protect the safety of the public; and 16  (5) may disclose to a victim information, including copies of reports, 17 as necessary for civil litigation or insurance claims pursued by or against the victim. 18 * Sec. 8. AS 47.10.093 is amended by adding new subsections to read: 19  (h) When information or a record is disclosed to a school principal under 20 (c)(3) of this section or under AS 47.10.090(f), the school principal may disclose the 21 information only to persons employed by that school district or to the chief 22 administrative officer of a school district to which the minor transfers. 23  (i) Notwithstanding (c)(3) of this section, a state or municipal law enforcement 24 agency is not required to notify the principal of a school under (c) of this section if 25 the agency determines that notice would jeopardize an ongoing investigation. 26  (j) In this section, "school" means a public or private elementary or secondary 27 school.