SB 100: "An Act restricting the release of certain records of convictions; and providing for an effective date."
00 SENATE BILL NO. 100 01 "An Act restricting the release of certain records of convictions; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.62.160(b) is amended to read: 05 (b) Subject to the requirements of this section, and except as otherwise limited 06 or prohibited by other provision of law or court rule, criminal justice information 07 (1) may be provided to a person when, and only to the extent, 08 necessary to avoid imminent danger to life or extensive damage to property; 09 (2) may be provided to a person to the extent required by applicable 10 court rules or under an order of a court of this state, another state, or the United States; 11 (3) may be provided to a person if the information is commonly or 12 traditionally provided by criminal justice agencies in order to identify, locate, or 13 apprehend fugitives or wanted persons or to recover stolen property, or for public 14 reporting of recent arrests, charges, and other criminal justice activity;
01 (4) may be provided to a criminal justice agency for a criminal justice 02 activity; 03 (5) may be provided to a government agency when necessary for 04 enforcement of or for a purpose specifically authorized by state or federal law; 05 (6) may be provided to a person specifically authorized by a state or 06 federal law to receive that information; 07 (7) in aggregate form may be released to a qualified person, as 08 determined by the agency, for criminal justice research, subject to written conditions 09 that assure the security of the information and the privacy of individuals to whom the 10 information relates; 11 (8) may be provided to a person for any purpose, except that 12 information may not be released if the information is nonconviction information, [OR] 13 correctional treatment information, or criminal justice information as described in 14 (f) of this section; 15 (9) including information relating to a serious offense, may be 16 provided to an interested person if the information is requested for the purpose of 17 determining whether to grant a person supervisory or disciplinary power over a minor 18 or dependent adult; and 19 (10) may be provided to the person who is the subject of the 20 information. 21 * Sec. 2. AS 12.62.160 is amended by adding a new subsection to read: 22 (f) An agency may not release criminal justice information of a criminal case 23 in which the defendant 24 (1) was convicted under AS 11.71.060, or a municipal ordinance with 25 similar elements, for possession of less than one ounce of a schedule VIA controlled 26 substance; 27 (2) was 21 years of age or older at the time of commission of the 28 offense; 29 (3) was not convicted of any other criminal charges in that case; and 30 (4) requests that the agency not release the records. 31 * Sec. 3. AS 22.35 is amended by adding a new section to read:
01 Sec. 22.35.040. Records concerning criminal cases for marijuana 02 possession. (a) The Alaska Court System may not publish on a publicly available 03 Internet website the court records of a criminal case in which the defendant 04 (1) was convicted under AS 11.71.060, or a municipal ordinance with 05 similar elements, for possession of less than one ounce of a schedule VIA controlled 06 substance; 07 (2) was 21 years of age or older at the time of commission of the 08 offense; and 09 (3) was not convicted of any other criminal charges in that case. 10 (b) The Alaska Court System shall post a general notice on its publicly 11 available Internet website that 12 (1) court records under (a) of this section have been removed from the 13 publicly available Internet website; and 14 (2) provides information on how to obtain a criminal history record 15 that includes the information removed under (a) of this section. 16 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 PRIOR COURT RECORDS. The Alaska Court System shall, to the extent practicable, 19 remove court records existing before the effective date of this Act that meet the requirements 20 of AS 22.35.040(a), enacted by sec. 3 of this Act, from the court system's publicly available 21 Internet website. 22 * Sec. 5. This Act takes effect January 1, 2024.