SB 184: "An Act restricting the release of certain records of convictions; relating to criminal history information for state employment applications; amending Rule 37.6, Alaska Rules of Administration; and providing for an effective date."
00 SENATE BILL NO. 184 01 "An Act restricting the release of certain records of convictions; relating to criminal 02 history information for state employment applications; amending Rule 37.6, Alaska 03 Rules of Administration; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 LEGISLATIVE INTENT. It is the intent of the legislature to reduce barriers to 08 employment for people who have been convicted of low-level marijuana possession crimes 09 that would be legal under today's laws. By protecting records of certain low-level crimes from 10 a criminal history background check, it is the legislature's intent to make it more likely that 11 people convicted of only low-level crimes will become contributing members of society. 12 * Sec. 2. AS 12.62.160 is amended by adding a new subsection to read: 13 (f) Notwithstanding (b)(8) of this section, an agency may not release records 14 of a criminal case if the defendant
01 (1) was convicted under AS 11.71.060, or a municipal ordinance with 02 similar elements, for possession of less than one ounce of a schedule VIA controlled 03 substance; and 04 (2) was not convicted of any other charges in that case. 05 * Sec. 3. AS 22.35 is amended by adding a new section to read: 06 Sec. 22.35.040. Confidential court records. The Alaska Court System shall 07 make a court record of a criminal case confidential and limit access to that court 08 record if the defendant 09 (1) was convicted under AS 11.71.060, or a municipal ordinance with 10 similar elements, for possession of less than one ounce of a schedule VIA controlled 11 substance; and 12 (2) was not convicted of any other charges in that case. 13 * Sec. 4. AS 39.26 is amended by adding a new section to read: 14 Sec. 39.26.012. Criminal history information. (a) A state agency may not ask 15 an applicant for employment in the classified, partially exempt, or exempt service to 16 disclose, orally or in writing, if the person has been previously convicted of a crime in 17 this state or in another jurisdiction, including any inquiry about previous convictions 18 on an employment application, until the state agency has determined the applicant 19 meets the minimum employment qualifications as stated in any notice issued for the 20 position. 21 (b) This section does not apply to a position for which a state agency is 22 otherwise required by law to conduct a criminal history background check, to any 23 position within a criminal justice agency, or to any individual working on a temporary 24 or permanent basis under contract with a criminal justice agency. 25 (c) In this section, 26 (1) "criminal justice agency" has the meaning given in AS 12.62.900; 27 (2) "state agency" means a department, office, institution, board, 28 commission, bureau, division, or other administrative unit of state government, 29 including the University of Alaska, the Alaska Railroad Corporation, and any public 30 corporation, board, or commission. 31 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 INDIRECT COURT RULE AMENDMENT. The provisions of AS 22.35.040, 03 enacted by sec. 3 of this Act, have the effect of changing Rule 37.6, Alaska Rules of 04 Administration, by providing that certain case records are confidential and limiting access to 05 those case records. 06 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 CONDITIONAL EFFECT. AS 22.35.040, enacted by sec. 3 of this Act, takes effect 09 only if sec. 5 of this Act receives the two-thirds majority vote of each house required by art. 10 IV, sec. 15, Constitution of the State of Alaska. 11 * Sec. 7. This Act takes effect 120 days after becoming law.