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SB 8: "An Act restricting the release of certain records of convictions; amending Rule 37.6, Alaska Rules of Administration; and providing for an effective date."

00                              SENATE BILL NO. 8                                                                          
01 "An Act restricting the release of certain records of convictions; amending Rule 37.6,                                  
02 Alaska Rules of Administration; and 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 to reduce barriers to                                           
07 employment for people who have been convicted of low-level marijuana possession crimes                                  
08 that would be legal under today's laws. By protecting records of certain low-level crimes from                          
09 a criminal history background check, it is the legislature's intent to make it more likely that                         
10 people convicted of only low-level crimes will become contributing members of society.                                  
11    * Sec. 2. AS 12.62.160 is amended by adding a new subsection to read:                                              
12            (f)  Notwithstanding (b)(8) of this section, an agency may not release records                               
13       of a criminal case if the defendant                                                                               
14                 (1)  was convicted under AS 11.71.060, or a municipal ordinance with                                    
01       similar elements, for possession of less than one ounce of a schedule VIA controlled                              
02       substance;                                                                                                        
03                 (2)  was not convicted of any other charges in that case; and                                           
04                 (3)  requests that the agency not release the records.                                                  
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. The uncodified law of the State of Alaska is amended by adding a new section to                          
14 read:                                                                                                                   
15 INDIRECT COURT RULE AMENDMENT. The provisions of AS 22.35.040,                                                          
16 enacted by sec. 3 of this Act, have the effect of changing Rule 37.6, Alaska Rules of                                   
17 Administration, by providing that certain case records are confidential and limiting access to                          
18 those case records.                                                                                                     
19    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
20 read:                                                                                                                   
21 CONDITIONAL EFFECT. AS 22.35.040, enacted by sec. 3 of this Act, takes effect                                           
22 only if sec. 4 of this Act receives the two-thirds majority vote of each house required by art.                         
23 IV, sec. 15, Constitution of the State of Alaska.                                                                     
24    * Sec. 6. This Act takes effect 120 days after becoming law.