CS FOR SENATE BILL NO. 108(JUD) "An Act relating to the confidentiality of certain records of criminal cases; and providing for an effective date." 3:45:44 PM Co-Chair Stoltze noted that the House Finance Committee CS had not been adopted by the committee. He relayed that there was an amendment that had been agreed upon by the sponsor in a memorandum. The amendment would be offered to the Senate Judiciary Committee version of the bill. He asked for verification that his understanding was correct. SENATOR FRED DYSON, SPONSOR, replied in the affirmative. Co-Chair Stoltze WITHDREW a prior motion to adopt the House Finance Committee version of the bill. Co-Chair Stoltze MOVED to ADOPT replacement Amendment 1 (28-LS0973\R.5): Page 2, line 3, following "authority": Insert "and were not dismissed as part of a plea agreement in another criminal case under Rule 11, Alaska Rules of Criminal Procedure" Representative Wilson OBJECTED for discussion. Co-Chair Stoltze asked for verification that the amendment offered was the correct version. GEORGE, STAFF, REPRESENTATIVE BILL STOLTZE verified that 28-LS0973\R.5 was the Legislative Legal drafted version of the original Amendment 1. Co-Chair Stoltze explained that the amendment provided that if a person's charge was dismissed as part of a plea agreement that the information would not be removed from the public domain on the Court View website. Senator Dyson corrected that if there were two separate cases and one was plea bargained and a conviction occurred in the second case the records from both cases would remain on Court View. Co-Chair Stoltze asked the Department of Law (DOL) to address the committee. ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW, agreed with Senator Dyson's explanation. She stated that the amendment would clarify that if a case was dismissed in connection with a plea agreement and another separate case that both would remain on Court View and available to the public. Representative Wilson WITHDREW her OBJECTION. There being NO OBJECTION, replacement Amendment 1 was ADOPTED. Representative Costello addressed the fiscal notes including three previously published zero fiscal notes from the Department of Health and Social Services, and the Department of Administration. One previously published fiscal impact note from the Alaska Court System totaling $25,500 in FY 15, and $3,500 in FY 16 through FY 20. The last fiscal note was a new zero impact note from the Department of Law. Co-Chair Stoltze relayed that the fiscal notes had been approved in the adoption of the operating budget conference committee report. Senator Dyson remarked that the last time the bill had been heard by the House Finance Committee he had been told that the House Finance Committee CS had come from the administration. He had since spoken with the governor who had assured him that was not the case. Representative Holmes believed the sponsor's intent was good. She noted that her concerns had been discussed previously. Vice-Chair Neuman MOVED to REPORT HCS CSSB 108(FIN) out of committee with individual recommendations and the accompanying fiscal notes. Representative Guttenberg OBJECTED. A roll call vote was taken on the motion. IN FAVOR: Munoz, Neuman, Thompson, Wilson, Costello, Edgmon, Gara, Austerman, Stoltze OPPOSED: Holmes, Guttenberg The MOTION PASSED (9/2). There being NO further OBJECTION, HCS CSSB 108(FIN) was REPORTED out of committee with "no recommendation" and with three previously published zero fiscal notes: FN2 (ADM), FN3 (ADM), FN6 (DHS); one previously published fiscal impact note: FN5 (CRT); and one new zero fiscal note from the Department of Law. 3:53:04 PM RECESSED 11:32:30 PM RECONVENED