SB 118: "An Act relating to confidentiality of information; relating to the duties of the Department of Administration; and providing for an effective date."
00 SENATE BILL NO. 118 01 "An Act relating to confidentiality of information; relating to the duties of the 02 Department of Administration; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.61.100 is amended to read: 05 Sec. 12.61.100. Declaration of purpose. The purpose of AS 12.61.100 - 06 12.61.150 is to protect victims of and witnesses to crime, peace officers, and 07 correctional officers from risk of harassment, intimidation, and unwarranted invasion 08 of privacy by prohibiting the unnecessary disclosure of their addresses and telephone 09 numbers. 10 * Sec. 2. AS 12.61.110 is amended to read: 11 Sec. 12.61.110. Confidentiality of victim, [AND] witness, peace officer, and 12 correctional officer addresses and telephone numbers. The residence and business 13 addresses and telephone numbers of a victim of a crime or witness to a crime and the 14 residence address and telephone number of a peace officer or correctional officer
01 are confidential. A report, paper, picture, photograph, court file, or other document 02 that relates to a crime and contains the residence or business address or telephone 03 number of a victim or witness or that contains the residence address or telephone 04 number of a peace officer or correctional officer, and that is in the custody or 05 possession of a public officer or employee, may not be made available for public 06 inspection unless the residence and business addresses and telephone numbers of all 07 victims, [AND] witnesses, peace officers, and correctional officers have been 08 deleted. 09 * Sec. 3. AS 12.61.130 is amended to read: 10 Sec. 12.61.130. Disclosure during court proceedings. (a) During a trial or 11 hearing related to a criminal prosecution, the residence and business addresses and 12 telephone numbers of a victim of or witness to the charged offense and the residence 13 address and telephone number of a peace officer or correctional officer may not 14 be disclosed in open court, and a victim, [OR] witness, peace officer, or correctional 15 officer may not be required to provide the addresses or telephone numbers in response 16 to questioning, unless the court determines that the information is necessary and 17 relevant to the facts of the case. The burden to establish the need and relevance for 18 disclosure is on the party seeking disclosure. Before ordering disclosure, the court 19 shall take appropriate measures to minimize the risk of personal harm to the victim, 20 [OR] witness, peace officer, or correctional officer that would result from the 21 disclosure. 22 (b) The residence address or telephone number of a victim of or witness to a 23 charged offense, peace officer, or correctional officer may not be placed in the court 24 file or court documents relating to that offense except when 25 (1) the address is used to identify the place of the crime; or 26 (2) the address or telephone number is contained in a transcript of a 27 court proceeding and disclosure of the address or telephone number was ordered under 28 (a) of this section. 29 * Sec. 4. AS 44.21.020 is amended to read: 30 Sec. 44.21.020. Duties of department. The Department of Administration 31 shall
01 (1) make surveys and studies to improve administrative procedures, 02 methods, and organization; 03 (2) keep general accounts; 04 (3) approve vouchers and disburse funds for all purposes; 05 (4) operate centralized purchasing and supply services, and necessary 06 storerooms and warehouses; 07 (5) allot space in state buildings to the various departments according 08 to need and available space; 09 (6) supervise telephone, mailing, messenger, duplicating, and similar 10 services adaptable to centralized management; 11 (7) administer the public employees' retirement system and teachers' 12 retirement system; 13 (8) administer a statewide personnel program, including central 14 personnel services such as recruitment, assessment, position classification, and pay 15 administration; 16 (9) administer and supervise a statewide automatic data processing 17 program; 18 (10) study, design, implement, and manage the telecommunications 19 systems and services of the state under AS 44.21.305 - 44.21.330; 20 (11) provide administrative services to the Violent Crimes 21 Compensation Board; 22 (12) establish and administer the address confidentiality program 23 under AS 44.21.022. 24 * Sec. 5. AS 44.21 is amended by adding a new section to read: 25 Sec. 44.21.022. Address confidentiality program. (a) The address 26 confidentiality program is established in the department to protect the confidentiality 27 of the address of an individual enrolled in the program. 28 (b) The department shall 29 (1) establish and administer the program; 30 (2) designate a post office box as a substitute mailing address for an 31 individual enrolled in the program;
01 (3) forward the mail of an individual enrolled in the program from the 02 post office box designated under (2) of this subsection to the individual's residential 03 street address, post office box, school address, or work address as specified on the 04 individual's application for enrollment in the program; 05 (4) maintain the confidentiality of the address of an individual enrolled 06 in the program; and 07 (5) adopt regulations establishing a procedure for a qualified individual 08 under (c) of this section to enroll in or withdraw from the program. 09 (c) The following individuals may enroll in the program: 10 (1) a victim of a crime involving domestic violence, stalking, or sexual 11 assault, if a court has issued a protective order on behalf of the victim; 12 (2) a guardian of a minor, if a court has issued a protective order on 13 behalf of the minor; 14 (3) a protected person, if a court has issued a protective order for that 15 person under AS 13.26.450 - 13.26.460; 16 (4) a peace officer; and 17 (5) a correctional officer. 18 (d) A state or municipal agency shall allow an individual enrolled in the 19 program to use the post office box designated by the department under (b)(2) of this 20 section as the individual's mailing address. 21 (e) The department shall remove an individual under (c)(1) - (3) of this section 22 from the program five years after the expiration of the protective order issued on 23 behalf of the victim or minor. The department shall remove an individual under (c)(4) 24 or (5) of this section from the program five years after the last day the individual is 25 employed as a peace officer or correctional officer. 26 (f) The department may not collect a registration fee from an individual 27 qualified under (c) of this section to enroll in the program. 28 (g) A person who knowingly discloses to the respondent of a protective order 29 information that is confidential under this section about an individual enrolled in the 30 program under (c)(1) - (3) of this section is guilty of a class B misdemeanor. 31 (h) In this section,
01 (1) "crime involving domestic violence" has the meaning given in 02 AS 18.66.990; 03 (2) "department" means the Department of Administration; 04 (3) "peace officer" has the meaning given in AS 01.10.060; 05 (4) "program" means the address confidentiality program. 06 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 TRANSITION: REGULATIONS. The Department of Administration may adopt 09 regulations necessary to implement AS 44.21.022, enacted by sec. 5 of this Act. The 10 regulations take effect under AS 44.62 (Administrative Procedure Act) but not before the 11 effective date of the law being implemented by the regulation. 12 * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c). 13 * Sec. 8. Except as provided in sec. 7, this Act takes effect February 1, 2020.