Legislature(2019 - 2020)BELTZ 105 (TSBldg)
03/16/2020 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB76 | |
| SB8 | |
| SJR13 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 76 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SJR 13 | TELECONFERENCED | |
| += | SB 8 | TELECONFERENCED | |
SB 8-ACCESS TO MARIJUANA CONVICTION RECORDS
2:30:33 PM
CHAIR COGHILL announced that the next order of business would be
SENATE BILL NO. 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."
CHAIR COGHILL suggested that testifiers could submit their
testimony to senate.judiciary@akleg.gov. He solicited a motion.
2:32:27 PM
SENATOR MICCICHE moved to adopt the proposed committee
substitute (CS) for SB 8, work order 31-LS0208\S, as the working
document.
CHAIR COGHILL objected for discussion purposes.
CHAIR COGHILL asked the sponsor to review the explanation of
changes.
2:33:10 PM
SENATOR TOM BEGICH, Alaska State Legislature, Juneau, Alaska,
stated that the changes in version S were ones that the
committee agreed to.
2:33:45 PM
ALEX JORGENSEN, Staff, Senator Tom Begich, Alaska State
Legislature, Juneau, Alaska, reviewed the changes between
Version A and Version S:
Explanation of Changes for Senate Bill 8 (31-LS0208)
Version A to Version S:
• Page 1, lines 1-2: Removes reference to Rule 37.6
Alaska Rules of Administration in the title. This is
to conform with the removal of section 4 in Version A,
the Indirect Court Rule change.
• Page 1, lines 1-2: Removes reference to Rule 37.6
Alaska Rules of Administration in the title. This is
to conform with the removal of section 4 in Version A,
the Indirect Court Rule change.
• Page 1, line 9: Before "criminal history background":
delete the word "a" and insert "certain types of"
2:34:32 PM
At-ease.
2:35:05 PM
CHAIR COGHILL reconvened the meeting.
MR. JORGENSEN continued to review the changes in version S.
• Page 1, lines 9-10: Delete "make it more likely" and
insert "increase the likelihood"
• Page 1, line 10: Delete "only" and insert "those"
• Page 1, line 11: Amends AS 12.62.160(b)(8) (Release
and use of criminal justice information). The new
Section 2 of the bill is conforming language to
include changes made to new background check policy
changed by SB 8.
• Page 1, line 12: Delete "Notwithstanding (b)(8) of
this section, an agency may not release records of a
criminal case" and insert "An agency may not release
criminal history record information"
• Page 2, line 3: Insert new subclause that reads "(2)
was 21 years of age or older at the time of commission
of the offence;" and renumber subclauses accordingly
• Page 2, line 3: Add the word "criminal" before the
word "charges"
• Page 2, lines 6-12: Delete all material and insert:
Sec. 22.35.040. Records concerning criminal cases for
marijuana possession. The Alaska Court System may not
publish on a publicly available Internet website the
court records of a criminal case in which the
defendant
(1) was convicted under AS 11.71.060, or a municipal
ordinance with similar elements, for possession of
less than one ounce of a schedule VIA controlled
substance;
(2) was 21 years of age or older at the time of
commission of the offense; and
(3) was not convicted of any other criminal charges in
that case.
• Page 2, line 13-23: Delete all material
• Page 2, line 24: Change effective date to January 1, 2021
2:38:03 PM
CHAIR COGHILL removed his objection. There being no further
objection, version S was adopted.
2:38:10 PM
SENATOR MICCICHE questioned whether the page number references
were correct.
SENATOR BEGICH explained that the page numbers refer to version
A. For example, the last change shown on page 2, line 24 of
version A can be found on page 3, line 18 of version S.
SENATOR BEGICH explained that SB 8, version S, helps to ensure
that the language in the bill is compatible and consistent with
the language the Department of Public Safety and the court
system use.
2:41:30 PM
CHAIR COGHILL opened public testimony on SB 8.
2:41:46 PM
LACEY WILCOX, President, Alaska Marijuana Industry Association,
Juneau, Alaska, said that the association is supportive of the
language in version S. Under SB 8, Alaskans with prior
convictions for conduct that is legal today will have a better
chance of securing housing, employment and educational
opportunities. The association understands that the bill would
make these offenses confidential and does not expunge the
record. This is a step in the right direction, she said.
2:43:07 PM
SENATOR HUGHES said her concern is that employers may wish to
know who tends to not follow the law. Marijuana was illegal at
the time of the offense, even though it is currently legal. She
asked if employers can obtain that information. She said she
wants people to get housing and work, but this information may
be important to some employers.
2:44:31 PM
SENATOR BEGICH said several things in the bill are designed to
address people applying for jobs, including ones in public
safety. He acknowledged that there are some areas where
employers could gain access to the information. He deferred to
the Department of Public Safety to elaborate on its policy.
2:45:45 PM
CHAIR COGHILL held SB 8 in committee with public testimony open.
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