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

00 CS 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.