Enrolled SB 108: Relating to the confidentiality of certain records of criminal cases; and providing for an effective date.
00Enrolled SB 108 01 Relating to the confidentiality of certain records of criminal cases; and providing for an 02 effective date. 03 _______________ 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 15 (1) the defendant was acquitted of all charges filed in the case;
01 (2) all criminal charges against the defendant in the case have been 02 dismissed by the prosecuting authority and were not dismissed as part of a plea 03 agreement in another criminal case under Rule 11, Alaska Rules of Criminal 04 Procedure; or 05 (3) the defendant was acquitted of some of the criminal charges in the 06 case and the remaining charges were dismissed. 07 (b) Notwithstanding (a) of this section, the following persons may have access 08 to records made confidential under this section: 09 (1) employees of the Department of Health and Social Services who 10 are responsible for the health, safety, welfare, or placement of a child, a person with a 11 physical or intellectual disability, or a person with a mental illness; 12 (2) the public guardian under AS 13.26.370 or a guardian ad litem 13 supervised by the office of public advocacy; 14 (3) a person who is authorized to have access to the criminal justice 15 information network maintained by the Department of Public Safety under AS 12.62. 16 (c) The Department of Health and Social Services shall adopt regulations to 17 administer (b)(1) of this section. 18 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 APPLICABILITY. AS 22.35.030, enacted by sec. 2 of this Act, applies to criminal 21 charges concluded on or after the effective date of this Act by dismissal or by acquittal of the 22 defendant. 23 * Sec. 4. This Act takes effect October 1, 2014.