HB 335: "An Act relating to disclosures of information about minors, and directing disclosure to certain persons of the identity of an offender who is a minor subject to prosecution as an adult or adjudication as a delinquent minor as a result of violating a criminal law of the state or a municipality that is a felony and to certain information about the offense allegedly committed by the minor."
00HOUSE BILL NO. 335 01 "An Act relating to disclosures of information about minors, and directing 02 disclosure to certain persons of the identity of an offender who is a minor 03 subject to prosecution as an adult or adjudication as a delinquent minor as a 04 result of violating a criminal law of the state or a municipality that is a felony 05 and to certain information about the offense allegedly committed by the minor." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. PURPOSE. The purpose of this Act is to provide a mechanism by which a 08 school principal or other person having responsibility for provision of educational services in 09 a school building and for the welfare and safety of the administrators, faculty, and students 10 within that school building may know the identity of a minor attending the school who is 11 potentially dangerous by virtue of the minor's actual or alleged commission of a felony 12 offense for which the minor may be prosecuted as an adult or adjudicated a delinquent, so that 13 the principal may initiate security for the protection of these persons within the building. 14 * Sec. 2. AS 09.25.120 is amended to read:
01 Sec. 09.25.120. PUBLIC RECORDS; EXCEPTIONS; CERTIFIED COPIES. 02 (a) Every person has a right to inspect a public record in the state, including public 03 records in recorders' offices, except 04 (1) records of vital statistics and adoption proceedings which shall be 05 treated in the manner required by AS 18.50; 06 (2) records pertaining to juveniles, unless disclosure of a record has 07 been explicitly authorized by law; 08 (3) medical and related public health records; 09 (4) records required to be kept confidential by a federal law or 10 regulation or by state law; 11 (5) to the extent the records are required to be kept confidential under 12 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure 13 or retain federal assistance; and 14 (6) records or information compiled for law enforcement purposes, but 15 only to the extent that the production of the law enforcement records or information 16 (A) could reasonably be expected to interfere with enforcement 17 proceedings; [,] 18 (B) would deprive a person of a right to a fair trial or an 19 impartial adjudication; [,] 20 (C) could reasonably be expected to constitute an unwarranted 21 invasion of the personal privacy of a suspect, defendant, victim, or witness; [,] 22 (D) could reasonably be expected to disclose the identity of a 23 confidential source; [,] 24 (E) would disclose confidential techniques and procedures for 25 law enforcement investigations or prosecutions; [,] 26 (F) would disclose guidelines for law enforcement investigations 27 or prosecutions if the disclosure could reasonably be expected to risk 28 circumvention of the law; [,] or 29 (G) could reasonably be expected to endanger the life or 30 physical safety of an individual. 31 (b) Every public officer having the custody of records not included in the
01 exceptions set out in (a) of this section shall permit the inspection, and give on 02 demand and on payment of the fees under AS 09.25.110 - 09.25.115 a certified copy 03 of the record, and the copy shall in all cases be evidence of the original. 04 (c) Recorders shall 05 (1) permit memoranda, transcripts, and copies of the public records in 06 their offices to be made by photography or otherwise for the purpose of examining 07 titles to real estate described in the public records, making abstracts of title or 08 guaranteeing or insuring the titles of the real estate, or building and maintaining title 09 and abstract plants; and 10 (2) [SHALL] furnish proper and reasonable facilities to persons having 11 lawful occasion for access to the public records for those purposes, subject to 12 reasonable rules and regulations, in conformity to the direction of the court, as are 13 necessary for the protection of the records and to prevent interference with the regular 14 discharge of the duties of the recorders and their employees. 15 * Sec. 3. AS 14.14 is amended by adding a new section to read: 16 ARTICLE 3. RECORDS RELATING TO SCHOOL SECURITY. 17 Sec. 14.14.400. RECEIPT AND DISCLOSURE OF CONFIDENTIAL 18 INFORMATION. (a) When a principal or other person in charge of a school receives 19 information under AS 47.10.090(d)(2), the principal or other person 20 (1) may relate the information received to a teacher, administrator, 21 counselor, or other officer or employee of the school district or private school whom 22 the principal reasonably believes may assist in providing protection to persons 23 employed and students enrolled in the school against an action or threat of action by 24 the minor about whom the information was disclosed; 25 (2) shall, before providing information under (1) of this subsection, 26 advise the person to whom the principal or person discloses the information that the 27 information disclosed is confidential and may not be further disclosed; 28 (3) shall treat all records received or made that relate to the information 29 received under this subsection as confidential, unless disclosure of the records or 30 information in them is otherwise authorized by law. 31 (b) When information has been provided under (a) of this section and, after
01 investigation or upon entry of a judgment by a court, the minor is found not to have 02 committed the offense or is found not to be a delinquent, the Department of Health 03 and Social Services shall notify the principal or other person to whom the information 04 was communicated. The principal or other person shall 05 (1) relate that information to persons to whom information had 06 previously been related under (a)(1) of this section; and 07 (2) promptly remove from the files of the school any record relating 08 to the information received under (a) of this section. 09 (c) A record pertaining to a minor obtained or made by a school official under 10 (a) of this section 11 (1) that relates to a matter the records of which have been ordered 12 sealed under AS 47.10.090(a) may not be inspected or disclosed unless a court later 13 orders their use for a purpose authorized by law; 14 (2) shall be expunged from the minor's permanent school records on 15 the date that is the later of 16 (A) 30 days after the minor's 18th birthday; or 17 (B) the date the minor graduates or permanently withdraws from 18 the school. 19 (d) A school principal or other person who receives information under (a) of 20 this section and a person having custody of a record described in (c) of this section are 21 not civilly liable for a disclosure of information in violation of this section if the 22 principal or other person or the record custodian performed duties under this section 23 in good faith and without gross negligence. 24 * Sec. 4. AS 14.30.710 is amended to read: 25 Sec. 14.30.710. REQUIRED RECORDS UPON TRANSFER. Within 14 days 26 after enrolling a child as a transfer student from this or another state in an elementary 27 or secondary school, the school or school district shall request directly from the child's 28 previous school a certified copy of the child's scholastic and disciplinary record. An 29 elementary or secondary school or a school district in this state requested to forward 30 a copy of a transferring child's record to another school shall comply with the request 31 within 10 days after receiving the request unless the record has been flagged under
01 AS 14.30.700. Upon receipt of a request for a record that has been flagged, the school 02 or school district shall immediately notify the Department of Public Safety. Unless 03 directed to do so by the Department of Public Safety, a school or a school district may 04 not forward a copy of a flagged record. 05 * Sec. 5. AS 14.30 is amended by adding a new section to read: 06 Sec. 14.30.715. REQUIRED DISCIPLINARY RECORD DISCLOSURE 07 UPON TRANSFER. At the time of enrolling a child as a transfer student from this 08 or another state in an elementary or secondary school, the parent or guardian of the 09 child shall provide a report of the child's record of suspensions and denials of 10 admittance to the school principal or other responsible person at the school to which 11 the child transfers. 12 * Sec. 6. AS 14.45 is amended by adding a new section to read: 13 Sec. 14.45.140. RECEIPT AND DISCLOSURE OF CONFIDENTIAL 14 INFORMATION. The provisions of AS 14.14.400 apply to private schools. 15 * Sec. 7. AS 47.10.090(a) is amended to read: 16 (a) The court shall make and keep records of all cases brought before it. The 17 court's official records may be inspected only with the court's permission and only by 18 persons having a legitimate interest in them. Except as provided in (d) and (e) of 19 this section and AS 14.14.400, all [ALL] information and social records pertaining 20 to a minor and prepared by an employee of the court or by a federal, state, or 21 municipal [CITY] agency in the discharge of the employee's or agency's official duty, 22 including driver's license action under AS 28.15.185, are privileged and may not be 23 disclosed directly or indirectly to anyone without the court's permission. [HOWEVER, 24 A STATE OR CITY LAW-ENFORCEMENT AGENCY SHALL DISCLOSE 25 INFORMATION REGARDING A CASE WHICH IS NEEDED BY THE PERSON 26 OR AGENCY CHARGED WITH MAKING A PRELIMINARY INVESTIGATION 27 FOR THE INFORMATION OF THE COURT. THE COURT SHALL FORWARD A 28 RECORD OF ADJUDICATION OF A VIOLATION OF AN OFFENSE LISTED IN 29 AS 28.15.185(a) TO THE DEPARTMENT OF PUBLIC SAFETY, IF THE COURT 30 IMPOSES A LICENSE REVOCATION UNDER AS 28.15.185.] Within 30 days of 31 the date of a minor's 18th birthday or, if the court retains jurisdiction of a minor past
01 the minor's 18th birthday, within 30 days of the date on which the court relinquishes 02 jurisdiction over the minor, the court shall order sealed all the court's official records, 03 information and social records pertaining to that minor, as well as records of all 04 driver's license proceedings under AS 28.15.185, criminal proceedings against the 05 minor and punishments assessed against the minor except for traffic offenses. A person 06 may not use these sealed records for any purpose except that the court may order their 07 use for good cause shown or may order their use by an officer of the court in making 08 a presentencing report for the court. 09 * Sec. 8. AS 47.10.090(c) is amended to read: 10 (c) A person who violates a provision of (a) or (b) of this section is guilty of 11 a misdemeanor, and upon conviction is punishable by a fine of not more than $500 or 12 by imprisonment for not more than one year, or by both. 13 * Sec. 9. AS 47.10.090 is amended by adding new subsections to read: 14 (d) Notwithstanding the limitations on disclosures of information under (a) and 15 (b) of this section, when information is provided that brings a minor within the 16 provisions of AS 47.10.010 - 47.10.142, 17 (1) a state or municipal law enforcement agency shall disclose the 18 information to a person or agency charged with making a preliminary investigation for 19 the information of the court, if that information is needed by the person or agency; 20 (2) a state or municipal law enforcement agency or, if the information 21 upon which an inquiry is initiated was given to the department and not reported to a 22 state or municipal law enforcement agency, the department, shall disclose the 23 information to the principal or other person in charge of a public or private school that 24 the minor attends if the offense alleged to have been committed by the minor is a 25 felony for which the minor may be adjudicated a delinquent minor under 26 AS 47.10.010(a)(1) or for which the court enters an order under AS 47.10.060 27 permitting the minor to be charged and prosecuted as an adult; a disclosure made 28 under this paragraph 29 (A) is limited to disclosure of the identity of the minor and of 30 the notice, facts, and circumstances of the offense alleged; and 31 (B) may not include other information specific to the minor
01 unless disclosure of that information has been authorized by (b) of this section 02 or is otherwise authorized by law; 03 (3) the department shall notify the principal or other person in charge 04 of a public or private school of the outcome or disposition of a case for which 05 information was previously provided under (2) of this subsection. 06 (e) Notwithstanding the limitation on disclosure of information under (a) and 07 (b) of this section, if, in the adjudication of a violation of an offense listed in 08 AS 28.15.185(a), the court imposes a license revocation under AS 28.15.185, the court 09 shall forward a record of the adjudication to the Department of Public Safety. 10 (f) The provisions of AS 14.14.400 apply to information disclosed under (d)(2) 11 and (3) of this section.