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HB 423: "An Act relating to disclosures by a court to public and private school officials of information about certain minors."

00 HOUSE BILL NO. 423                                                                                                      
01 "An Act relating to disclosures by a court to public and private school officials                                       
02 of information about certain minors."                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 12.55 is amended by adding a new section to read:                                                   
05  Sec. 12.55.149.  NOTICE OF CONVICTION CONCERNING CERTAIN                                                              
06 MINORS.  When a minor has been tried and convicted as an adult under                                                    
07 AS 47.10.010(e) or 47.10.060 of an offense described in AS 47.10.090(f)(1), the clerk                                   
08 of the court in which the record of the minor's conviction is entered shall transmit a                                  
09 copy of the record of the minor's conviction to the principal of the school that the                                    
10 minor attends.                                                                                                          
11    * Sec. 2.  AS 14.30 is amended by adding a new section to read:                                                      
12 ARTICLE 1A.  STUDENT EDUCATIONAL RECORDS.                                                                               
13  Sec. 14.30.051.  CONTENT OF STUDENT EDUCATIONAL RECORDS.  In                                                          
14 addition to records that, by regulation adopted by the state Board of Education under                                   
01 AS 14.07.020 and 14.07.060, a school district is required to keep and maintain for the                                  
02 students who attend its schools, a school district, or a person acting for the school                                   
03 district, that maintains the student educational records shall have the custody of the                                  
04 copy of a record transmitted under AS 12.55.149 or AS 47.10.090(f) and shall                                            
05 maintain the copy as a permanent part of the student's cumulative record.                                               
06    * Sec. 3.  AS 14.45.130 is amended by adding a new subsection to read:                                               
07  (c)  In addition to a record that a religious or other private school is required                                     
08 to keep under (a) of this section, the chief administrative officer of the school shall                                 
09 have the custody of the copy of a record transmitted under AS 12.55.149 or                                              
10 AS 47.10.090(f) and shall maintain the copy as a part of the permanent records of the                                   
11 student.                                                                                                                
12    * Sec. 4.  AS 47.10.060(e) is amended to read:                                                                       
13  (e)  A person who has been tried as an adult under this section, or the                                               
14 department on the person's behalf, may petition the superior court to seal the records                                  
15 of all criminal proceedings, except traffic offenses, initiated against the person, and all                             
16 punishments assessed against the person, while the person was a minor.  A petition                                      
17 under this subsection may not be filed until five years after the completion of the                                     
18 sentence imposed for the offense for which the person was tried as an adult.  If the                                    
19 superior court finds that the punishment assessed against the person has had its                                        
20 intended rehabilitative effect and further finds that the person has fulfilled all orders                               
21 of the court entered under AS 47.10.080(b), the superior court shall order the record                                   
22 of proceedings and the record of punishments sealed. Sealing the records restores civil                                 
23 rights removed because of a conviction.  A person may not use these sealed records                                      
24 for any purpose except that the court may order their use for good cause shown or may                                   
25 order their use by an officer of the court in making a presentencing report for the                                     
26 court.  The court may not, under this subsection, seal records of a criminal proceeding                                 
27   (1)  if the record is a record described in AS 47.10.090(f)(1) that has                                             
28 been disclosed under that subsection;                                                                                  
29   (2)  initiated against a person if the court finds that the person has not                                         
30 complied with a court order made under AS 47.10.080(b); or                                                              
31   (3) [(2)]  commenced under AS 47.10.010(e) unless the minor has been                                               
01 acquitted of all offenses with which the minor was charged or unless the most serious                                   
02 offense of which the minor was convicted was not an offense specified in                                                
03 AS 47.10.010(e)(1) or (2).                                                                                              
04    * Sec. 5.  AS 47.10.090(c) is amended to read:                                                                       
05  (c)  Within 30 days of the date of a minor's 18th birthday or, if the court                                           
06 retains jurisdiction of a minor past the minor's 18th birthday, within 30 days of the                                   
07 date on which the court releases jurisdiction over the minor, the court shall order all                                 
08 the court's official records pertaining to that minor, except the records that are                                     
09 described in (f)(1) of this section that have been disclosed under that subsection,                                    
10 sealed.  The court order directing that the records be sealed must include the [,                                     
11 AS WELL AS] records of all driver's license proceedings under AS 28.15.185, of all                                    
12 criminal proceedings against the minor except the records of criminal proceedings                                      
13 that are described in (f)(1) of this section that have been disclosed under that                                        
14 subsection, and of all punishments assessed against the minor, except records of                                    
15 punishments that are described in (f)(1) of this section that have been disclosed                                       
16 under that subsection.  A person may not use these sealed records for any purpose                                      
17 except that the court may order their use for good cause shown or may order their use                                   
18 by an officer of the court in making a presentencing report for the court.  The                                         
19 provisions of this subsection relating to the sealing of records do not apply to records                                
20 of traffic offenses.                                                                                                    
21    * Sec. 6.  AS 47.10.090(d) is amended to read:                                                                       
22  (d)  Except as provided by (f) of this section, the [THE] name or picture of                                        
23 a minor under the jurisdiction of the court may not be made public in connection with                                   
24 the minor's status as a delinquent child or a child in need of aid unless authorized by                                 
25 order of the court.                                                                                                     
26    * Sec. 7.  AS 47.10.090 is amended by adding a new subsection to read:                                               
27  (f)  If a minor who has been adjudicated delinquent is enrolled in school, the                                        
28 clerk of the court in which the adjudication order is entered                                                           
29   (1)  shall transmit a copy of the court's adjudication order to the                                                  
30 principal of the minor's school if the minor has been adjudicated delinquent for                                        
31 committing one or more of the following acts that, if committed by an adult, would                                      
01 be a violation of                                                                                                       
02   (A)  an offense that is an unclassified felony;                                                                     
03   (B)  AS 11.41 and the violation is punishable as a felony; or                                                       
04   (C)  AS 11.46.400; and                                                                                              
05   (2)  shall maintain a record of the adjudication order released to the                                               
06 principal under this subsection and the basis for its release.