SB 26: "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use firearms to commit criminal offenses and relating to the sealing of the records of those minors."
00SENATE BILL NO. 26 01 "An Act providing for automatic waiver of juvenile jurisdiction and prosecution 02 of minors as adults for certain violations of laws by minors who use firearms 03 to commit criminal offenses and relating to the sealing of the records of those 04 minors." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 47.10.010(e) is amended to read: 07 (e) When a minor who was at least [16 YEARS] of the age specified in this 08 subsection at the time of the offense is arraigned on a charge for an offense specified 09 in this subsection, AS 47.10.020 - 47.10.090 and the Alaska Delinquency Rules do not 10 apply to the offense for which the minor is arraigned or to any additional offenses 11 joinable to it under the applicable rules of court governing criminal procedure. The 12 minor shall be charged, prosecuted, and sentenced in the superior court in the same 13 manner as an adult unless the minor is convicted of some offense other than an offense 14 specified in this subsection, in which event the minor may attempt to prove, by a
01 preponderance of the evidence, that the minor is amenable to treatment under this 02 chapter. If the court finds that the minor is amenable to treatment under this chapter, 03 the minor shall be treated as though the charges had been heard under AS 47.10.010 04 - 47.10.142, and the court shall order disposition of the charges of which the minor is 05 convicted under AS 47.10.080(b). The provisions of this subsection apply when 06 (1) the minor was at least 16 years of age and is arraigned on a 07 charge 08 (A) [(1)] that is an unclassified felony or a class A felony and 09 the felony is a crime against a person; or 10 (B) [(2)] of arson in the first degree; or 11 (2) the minor was at least 14 years of age, is charged with an 12 offense, is alleged to have used a firearm in the commission of the offense, and 13 was previously adjudicated as a delinquent or convicted as an adult, in this or 14 another jurisdiction, as a result of an offense that involved use of a firearm in the 15 commission of the offense; in this paragraph, "firearm" has the meaning given 16 in AS 11.81.900. 17 * Sec. 2. AS 47.10.060(e) is amended to read: 18 (e) A person who has been tried as an adult under this section, or the 19 department on the person's behalf, may petition the superior court to seal the records 20 of all criminal proceedings, except traffic offenses, initiated against the person, and all 21 punishments assessed against the person, while the person was a minor. A petition 22 under this subsection may not be filed until five years after the completion of the 23 sentence imposed for the offense for which the person was tried as an adult. If the 24 superior court finds that the punishment assessed against the person has had its 25 intended rehabilitative effect and further finds that the person has fulfilled all orders 26 of the court entered under AS 47.10.080(b), the superior court shall order the record 27 of proceedings and the record of punishments sealed. Sealing the records restores civil 28 rights removed because of a conviction. A person may not use these sealed records for 29 any purpose except that the court may order their use for good cause shown or may 30 order their use by an officer of the court in making a presentencing report for the 31 court. The court may not, under this subsection, seal records of a criminal proceeding
01 (1) initiated against a person if the court finds that the person has not 02 complied with a court order made under AS 47.10.080(b); or 03 (2) commenced under AS 47.10.010(e) unless the minor has been 04 acquitted of all offenses with which the minor was charged or unless the most serious 05 offense of which the minor was convicted was not an offense specified in 06 AS 47.10.010(e)(1)(A) or (B) [AS 47.10.010(e)(1)] or (2). 07 * Sec. 3. APPLICABILITY. This Act applies to offenses committed on or after the 08 effective date of this Act.