SB 108-LIMIT PUBLIC ACCESS TO CRIMINAL RECORDS  1:39:12 PM CHAIR COGHILL announced that the first order of business would be SB 108."An Act relating to the confidentiality of certain records of criminal cases; and providing for an effective date." SENATOR DYSON related that he had hoped the committee substitute (CS) would be ready. He said Mr. Kopp would report on the progress of the CS thus far. CHUCK KOPP, Staff, Senator Fred Dyson, Alaska State Legislature, Juneau, Alaska, presented the proposed changes to SB 108. 1. Consider language to treat as confidential the records of criminal cases disposed of before the effective date of the Act by acquittal of all charges, dismissal of all charges, or a combination thereof, and applying to those who appeared on CourtView. 2. Extend the time limit for a record to become confidential from 90 days from the date of acquittal, dismissal, or a combination thereof, to 120 days. This is at the request of the Department of Law (DOL) in order to match the 120-day rule. 3. Change the effective date of the Act from July 1, 2014 to October 1, 2014 to give the court more time to comply. 4. Designate as confidential only those cases that were dismissed by the prosecuting authority, not by the court in the furtherance of justice, or for other reasons. He noted that DOL requested this change, but it's yet to be resolved. He requested Ms. Meade discuss that issue and whether or not there can be a confidential carve-out for state agencies on the database that is otherwise confidential to the public. CHAIR COGHILL announced the arrival of Senator McGuire. NANCY MEADE, General Counsel, Administrative Staff, Alaska Court System, Anchorage, Alaska, noted that the Court System is neutral on the bill. She responded to a request to address other reasons for dismissal, aside from dismissals by the prosecution. She began by describing reasons a court will dismiss a criminal case. She said it is not the case that the court dismisses old criminal cases, except if there is a violation in the speedy trial rule. The court does dismiss some criminal actions for reasons that are listed in Rule of Criminal Procedure 43, in furtherance of justice, mistaken identity, or if probable cause is not found under Criminal Rule 5.1. Those reasons would be discussed with the prosecutor and be known by the parties. When cases are dismissed, the court signs an order making it official. It would be confusing if cases dismissed by the prosecution were treated differently than those dismissed by the court. MS. MEADE addressed whether a state agency, such as DHSS, can have access to confidential files on CourtView. She understood that the request is for public safety reasons. She said there is not currently a means for doing so. There is a public version of CourtView and an internal court version. She did not know if it was possible to allow access to the internal system. It would take a vast change and would have a cost. She pointed out that there is a way that prosecutors access confidential cases - by being cleared through the Alaska Public Safety Information Network (APSIN.) 1:45:22 PM CHAIR COGHILL advised that those issues will be dealt with in the next CS. SENATOR WIELECHOWSKI asked how hung juries and moving violations are treated in the bill. MS. MEADE explained that minor traffic offenses would not be covered because the bill addresses criminal cases. She understood that hung juries have 120 days to be retried, and if the case is retried and it is again a hung jury, the person is not found guilty. That situation would be covered under the bill. CHAIR COGHILL said it is a balance between the right of people to know for public safety reasons and the right of people to be protected from a bad reputation. 1:46:55 PM SENATOR MCGUIRE asked how the bill could be changed to address the case where a person was arrested on suspicion of intoxication. SENATOR DYSON said that discussion would be held later. CHAIR COGHILL said SB 108 would be revisited on Wednesday. SENATOR MCGUIRE asked if it would be included in the new CS. SENATOR DYSON said he believes that Ms. Meade addressed what was contained in the CS so far. SENATOR MCGUIRE said she understood that the topic was not covered in the CS for SB 108, which allows for arrest and charging documents, but only if they have had a dismissal or an acquittal. In the case she was concerned with, there was no charge but the arrest remains on record. CHAIR COGHILL noted there was a lengthy discussion on this topic at the last committee meeting. MR. KOPP pointed out that the court is addressing that situation currently, so that charges that are not filed by the prosecutor will be addressed. Therefore, it is not in the bill. CHAIR COGHILL held SB 108 in committee.