00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104 01 "An Act relating to disclosures of information about certain minors." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.10.060(e) is amended to read: 04  (e) A person who has been tried as an adult under this section, or the 05 department on the person's behalf, may petition the superior court to seal the records 06 of all criminal proceedings, except traffic offenses, initiated against the person, and all 07 punishments assessed against the person, while the person was a minor. A petition 08 under this subsection may not be filed until five years after the completion of the 09 sentence imposed for the offense for which the person was tried as an adult. If the 10 superior court finds that the punishment assessed against the person has had its 11 intended rehabilitative effect and further finds that the person has fulfilled all orders 12 of the court entered under AS 47.10.080(b), the superior court shall order the record 13 of proceedings and the record of punishments sealed. Sealing the records restores civil 14 rights removed because of a conviction. A person may not use these sealed records 01 for any purpose except that the court may order their use for good cause shown or may 02 order their use by an officer of the court in making a presentencing report for the 03 court. The court may not, under this subsection, seal records of a criminal proceeding 04  (1)  that are subject to disclosure under AS 47.10.090(f); 05   (2) initiated against a person if the court finds that the person has not 06 complied with a court order made under AS 47.10.080(b); or 07   (3) [(2)] commenced under AS 47.10.010(e) unless the minor has been 08 acquitted of all offenses with which the minor was charged or unless the most serious 09 offense of which the minor was convicted was not an offense specified in 10 AS 47.10.010(e)(1) or (2). 11 * Sec. 2. AS 47.10.090(c) is amended to read: 12  (c) Within 30 days of the date of a minor's 18th birthday or, if the court 13 retains jurisdiction of a minor past the minor's 18th birthday, within 30 days of the 14 date on which the court releases jurisdiction over the minor, the court shall order all 15 the court's official records pertaining to that minor, except the records that are 16 subject to disclosure under (f) of this section, sealed. The court order directing 17 that the records be sealed must include the [, AS WELL AS] records of all driver's 18 license proceedings under AS 28.15.185, of all criminal proceedings against the minor 19 except the records of criminal proceedings that are subject to disclosure under (f) 20 of this section, and of all punishments assessed against the minor, except records of 21 punishments that are subject to disclosure under (f) of this section. A person may 22 not use these sealed records for any purpose except that the court may order their use 23 for good cause shown or may order their use by an officer of the court in making a 24 presentencing report for the court. The provisions of this subsection relating to the 25 sealing of records do not apply to records of traffic offenses. 26 * Sec. 3. AS 47.10.090(d) is amended to read: 27  (d)  Except as provided by (f) of this section, the [THE] name or picture of 28 a minor under the jurisdiction of the court may not be made public in connection with 29 the minor's status as a delinquent child or a child in need of aid unless authorized by 30 order of the court. 31 * Sec. 4. AS 47.10.090(e) is amended to read: 01  (e) The court's official records that, under this chapter, are required to be 02 confidential or that have been sealed may be inspected only with the court's 03 permission and only by persons having a legitimate interest in them. A person with 04 a legitimate interest in the inspection of an official record maintained by the court 05 includes a victim who suffered physical injury or whose real or personal property was 06 damaged as a result of an offense that was the basis of an adjudication or modification 07 of disposition. If the victim knows the identity of the minor, identifies the minor or 08 the offense to the court, and certifies that the information is being sought to consider 09 or support a civil action against the minor or against the minor's parents or guardians 10 under AS 34.50.020, the court shall, subject to AS 12.61.110 and 12.61.140, allow the 11 victim to inspect and use the following records and information in connection with the 12 civil action: 13  (1) a petition filed under AS 47.10.010(a)(1) seeking to have the court 14 declare the minor a delinquent; 15  (2) a petition filed under AS 47.10.080 seeking to have the court 16 modify or revoke the minor's probation; 17  (3) a petition filed under AS 47.10.060 requesting the court to find that 18 a minor is not amenable to treatment under this chapter and that results in closure of 19 a case under AS 47.10.060(a); and 20  (4) a court judgment or order entered under AS 47.10.010 - 47.10.142 21 that disposes of a petition identified in (1) - (3) of this subsection. 22 * Sec. 5. AS 47.10.090 is amended by adding a new subsection to read: 23  (f) Unless otherwise prohibited by court order, if a minor has been adjudicated 24 delinquent, the clerk of the court in which the adjudication order is entered may 25 disclose to the public the following information regarding the adjudication of the minor 26 as a delinquent if the minor was 14 years of age or older at the time of the 27 adjudication and the adjudication was based upon the minor's commission of an 28 offense that would be a felony if committed by an adult: 29  (1) the name of the minor: 30  (2) the address of the minor; and 31  (3) the offense that the minor committed. 01 * Sec. 6. AS 47.10.093(a) is amended to read: 02  (a) The [EXCEPT AS SPECIFIED IN AS 47.10.092 AND (b) - (f) OF THIS 03 SECTION, ALL] information and social records pertaining to a minor who is subject 04 to this chapter or AS 47.17 prepared by or in the possession of a federal, state, or 05 municipal agency or employee in the discharge of the agency's or employee's official 06 duty, including driver's license actions under AS 28.15.185, are privileged and may 07 not be disclosed directly or indirectly to anyone without a court order.  However, the 08 provisions of this subsection do not apply to 09  (1) the parental right to disclose information about a minor 10 authorized by AS 47.10.092; 11  (2) disclosures of information authorized by (b) - (f) and (h) of this 12 section. 13 * Sec. 7. AS 47.10.093(c) is amended to read: 14  (c) A state or municipal law enforcement agency 15  (1) shall disclose information regarding a case that is needed by the 16 person or agency charged with making a preliminary investigation for the information 17 of the court under AS 47.10.020; 18  (2) may disclose to the public information regarding a criminal offense 19 in which a minor is a suspect, victim, or witness if the minor is not identified by the 20 disclosure; 21  (3)  as to a school that is attended by a minor who is subject to 22 AS 47.10.010 - 47.10.142, 23  (A) shall notify the principal of the school attended by the 24 minor and [MAY] disclose to that school official information about an 25 incident occurring within the agency's jurisdiction if the law enforcement 26 agency has probable cause to believe that the minor has committed an 27 offense that would be a crime against a person under AS 11.41 if 28 committed as an adult; and 29  (B) may notify the principal of the school attended by the 30 minor and disclose to that school official other [OFFICIALS] information 31 regarding a case as may be necessary to protect the safety of school students 01 and staff; 02  (4) may, when authorized by a court order, disclose to the public 03 information regarding a case involving a minor and a picture of the minor, as may 04 be necessary to protect the safety of the public; and 05  (5) may disclose to a victim information, including copies of reports, 06 as necessary for civil litigation or insurance claims pursued by or against the victim. 07 * Sec. 8. AS 47.10.093 is amended by adding new subsections to read: 08  (h) When information or a record is disclosed to a school principal under 09 (c)(3) of this section, the school principal may disclose the information only to persons 10 employed by that school district or to the chief administrative officer of a school 11 district to which the minor transfers. 12  (i) Notwithstanding (c)(3) of this section, a state or municipal law enforcement 13 agency is not required to notify the principal of a school under (c) of this section if 14 the agency determines that notice would jeopardize an ongoing investigation. 15  (j) In this section, "school" means a public or private elementary or secondary 16 school.