CSHB 6(HES): "An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors."
00CS FOR HOUSE BILL NO. 6(HES) 01 "An Act relating to minors and amending laws relating to the disclosure of 02 information relating to certain minors." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.12.300(c) is amended to read: 05 (c) Except when disclosure of the name of a minor is authorized by 06 AS 47.12.310(b), the [THE] name or picture of a minor under the jurisdiction of the 07 court may not be made public in connection with the minor's status as a delinquent 08 unless authorized by order of the court. 09 * Sec. 2. AS 47.12.300(f) if amended to read: 10 (f) A person who has been tried as an adult under AS 47.12.100(a) or a 11 person whose records were made public under AS 47.12.315, or the department on 12 the person's behalf, may petition the superior court to seal the records of all criminal 13 proceedings, except traffic offenses, initiated against the person, and all punishments 14 assessed against the person, while the person was a minor. A petition under this
01 subsection may not be filed until five years after the completion of the sentence 02 imposed for the offense for which the person was tried as an adult. If the superior 03 court finds that its order has had its intended rehabilitative effect and further finds that 04 the person has fulfilled all orders of the court entered under AS 47.12.120, the superior 05 court shall order the record of proceedings and the record of punishments sealed. 06 Sealing the records restores civil rights removed because of a conviction. A person 07 may not use these sealed records for any purpose except that the court may order their 08 use for good cause shown or may order their use by an officer of the court in making 09 a presentencing report for the court. The court may not, under this subsection, seal 10 records of a criminal proceeding 11 (1) initiated against a person if the court finds that the person has not 12 complied with a court order made under AS 47.12.120; or 13 (2) commenced under AS 47.12.030(a) unless the minor has been 14 acquitted of all offenses with which the minor was charged or unless the most serious 15 offense of which the minor was convicted was not an offense specified in 16 AS 47.12.030(a). 17 * Sec. 3. AS 47.12.310(a) is amended to read: 18 (a) Except as specified in AS 47.12.315, 47.12.320, [AS 47.12.320] and (b) - 19 (g) of this section, all information and social records pertaining to a minor who is 20 subject to this chapter or AS 47.17 prepared by or in the possession of a federal, state, 21 or municipal agency or employee in the discharge of the agency's or employee's 22 official duty, including driver's license actions under AS 28.15.185, are privileged and 23 may not be disclosed directly or indirectly to anyone without a court order. 24 * Sec. 4. AS 47.12.310(d) is amended to read: 25 (d) Upon request of a victim, the department shall make every reasonable 26 effort to notify the victim as soon as practicable, by telephone or in writing, when a 27 delinquent minor is to be released from placement in a juvenile facility under 28 AS 47.12.120(b)(1). The notice under this subsection must include the expected date 29 of the delinquent minor's release, the geographic area in which the delinquent minor 30 is required to reside, and other pertinent information concerning the delinquent minor's 31 conditions of release that may affect the victim.
01 * Sec. 5. AS 47.12 is amended by adding a new section to read: 02 Sec. 47.12.315. Public disclosure of information in agency records relating 03 to certain minors. (a) Notwithstanding AS 47.12.310, when an agency takes action 04 under AS 47.12.040(a)(1) to adjust a matter, or when under AS 47.12.040(a)(2) the 05 court directs the agency to adjust the matter, the agency shall disclose to the public the 06 name of a minor, the name or names of the parent, parents, or guardian of the minor, 07 the action required by the agency to be taken by the minor under AS 47.12.060 to 08 adjust the matter, and information about the offense exclusive of information that 09 identifies the victim of the offense, if exercise of agency jurisdiction is based on the 10 minor's alleged commission of an offense that is 11 (1) a felony; or 12 (2) a misdemeanor when the agency has previously taken action under 13 AS 47.12.040(a) affecting the minor based on the minor's alleged previous commission 14 of an offense that was, at the time of the minor's alleged commission of the previous 15 offense, punishable as a felony or as a misdemeanor; for purposes of this paragraph, 16 a previous commission of an offense must have occurred after August 31, 1997. 17 (b) The Department of Health and Social Services shall publicly disclose the 18 name of a minor, the name or names of the minor's parent, parents, or guardian, the 19 offense, and the information contained in the court's dispositional order when the court 20 has adjudicated the minor a delinquent based on the minor's commission of an offense 21 punishable as 22 (1) a felony; or 23 (2) a misdemeanor when the minor has previously been adjudicated a 24 delinquent based on the minor's previous commission of an offense that was, at the 25 time of its commission, punishable as a felony or as a misdemeanor; for purposes of 26 this paragraph, a previous commission of an offense must have occurred after 27 August 31, 1997.