CSHB 3(JUD): "An Act relating to disclosures of information about certain minors."
00CS FOR HOUSE BILL NO. 3(JUD) 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 47.12.310(c) is amended to read: 04 (c) A state or municipal law enforcement agency 05 (1) shall disclose information regarding a case that is needed by the 06 person or agency charged with making a preliminary investigation for the information 07 of the court under this chapter; 08 (2) may disclose to the public upon request but may not report to 09 the Department of Public Safety under AS 12.62.120 10 (A) information about a minor, limited to the minor's name, 11 the name of the minor's parent or parents, the date and place of the 12 offense, and a description of the nature of the offense, when the minor has 13 been arrested for commission of an offense, the minor allegedly committed 14 the offense on or after the effective date of this Act, and the offense that
01 the minor is alleged to have committed is 02 (i) a crime against a person that is punishable as a 03 felony; 04 (ii) an offense in which the minor employed a deadly 05 weapon, as that term is defined in AS 11.81.900(b), in committing 06 the crime; 07 (iii) arson under AS 11.46.400 - 11.46.410; 08 (iv) burglary under AS 11.46.300 - 11.46.310; 09 (v) distribution of child pornography under 10 AS 11.61.125; 11 (vi) promoting prostitution in the first degree under 12 AS 11.66.110; or 13 (vii) misconduct involving a controlled substance 14 under AS 11.71 involving the delivery of a controlled substance or 15 the possession of a controlled substance with intent to deliver, other 16 than an offense under AS 11.71.050; and 17 (B) information regarding a criminal offense, other than an 18 offense for which a disclosure may be made under (A) of this paragraph, 19 in which a minor is a suspect, victim, or witness if the minor is not identified 20 by the disclosure; 21 (3) may disclose to school officials information regarding a case as may 22 be necessary to protect the safety of school students and staff; 23 (4) may disclose to the public information regarding a case as may be 24 necessary to protect the safety of the public; and 25 (5) may disclose to a victim information regarding the minor's arrest, 26 including copies of reports [, AS NECESSARY FOR CIVIL LITIGATION OR 27 INSURANCE CLAIMS PURSUED BY OR AGAINST THE VICTIM]. 28 * Sec. 2. AS 47.12.320(a) is amended to read: 29 (a) A person to whom disclosure is made under this section may not 30 disclose confidential or privileged information about the minor to a person not 31 authorized to receive it. Notwithstanding AS 47.12.300 and 47.12.310,
01 (1) a parent or legal guardian of a minor subject to a proceeding under 02 this chapter may disclose confidential or privileged information about the minor, 03 including information that has been lawfully obtained from agency or court files, to 04 the governor, the lieutenant governor, a legislator, the ombudsman appointed under 05 AS 24.55, the attorney general, and the commissioners of health and social services, 06 administration, or public safety, or an employee of these persons, for review or use in 07 their official capacities; 08 (2) a victim to whom confidential or privileged information 09 regarding a minor is disclosed under AS 47.12.310(c)(5) may disclose the 10 information to the victim's insurance company as may be necessary for civil 11 litigation or insurance claims pursued by or against the victim. [A PERSON TO 12 WHOM DISCLOSURE IS MADE UNDER THIS SECTION MAY NOT DISCLOSE 13 CONFIDENTIAL OR PRIVILEGED INFORMATION ABOUT THE MINOR TO A 14 PERSON NOT AUTHORIZED TO RECEIVE IT.] 15 * Sec. 3. AS 47.12.320(b) is amended to read: 16 (b) The disclosure right under (a)(1) [(a)] of this section is in addition to, and 17 not in derogation of, the rights of a parent or legal guardian of a minor.