00                      CS FOR SENATE BILL NO. 108(JUD)                                                                   
01 "An Act relating to the confidentiality of certain records of criminal cases; and                                       
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       LEGISLATIVE INTENT. It is the intent of the legislature that, to the extent                                       
07 practicable, the Alaska Court System hold confidential records of criminal cases that were                              
08 disposed of before the effective date of this Act by acquittal of all charges, by dismissal of all                      
09 charges, or by acquittal of some charges and dismissal of the remaining charges, to the same                            
10 extent that records are held confidential under AS 22.35.030, enacted by sec. 2 of this Act.                          
11    * Sec. 2. AS 22.35 is amended by adding a new section to read:                                                     
12            Sec. 22.35.030. Records concerning criminal cases resulting in acquittal or                                
13       dismissal confidential. (a) A court record of a criminal case is confidential if 120                            
14       days have elapsed from the date of acquittal or dismissal and                                                     

01                 (1)  the defendant was acquitted of all charges filed in the case;                                      
02                 (2)  all criminal charges against the defendant in the case have been                                   
03       dismissed by the prosecuting authority; or                                                                        
04                 (3)  the defendant was acquitted of some of the criminal charges in the                                 
05       case and the remaining charges were dismissed.                                                                    
06            (b)  Notwithstanding (a) of this section, the following persons may have access                              
07       to records made confidential under this section:                                                                  
08                 (1)  employees of the Department of Health and Social Services who                                      
09       are responsible for the health, safety, welfare, or placement of a child, a person with a                         
10       physical or intellectual disability, or a person with a mental illness;                                           
11                 (2)  the public guardian under AS 13.26.370 or a guardian ad litem                                      
12       supervised by the office of public advocacy;                                                                      
13                 (3)  a person who is authorized to have access to the criminal justice                                  
14       information network maintained by the Department of Public Safety under AS 12.62.                                 
15            (c)  The Department of Health and Social Services shall adopt regulations to                                 
16       administer (b)(1) of this section.                                                                                
17    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
18 read:                                                                                                                   
19       APPLICABILITY. AS 22.35.030, enacted by sec. 2 of this Act, applies to criminal                                   
20 charges concluded on or after the effective date of this Act by dismissal or by acquittal of the                        
21 defendant.                                                                                                              
22    * Sec. 4. This Act takes effect October 1, 2014.