CSHB 336(HES): "An Act relating to disclosures of information about minors."
00CS FOR HOUSE BILL NO. 336(HES) 01 "An Act relating to disclosures of information about minors." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 09.25.120 is amended to read: 04 Sec. 09.25.120. PUBLIC RECORDS; EXCEPTIONS; CERTIFIED COPIES. 05 (a) Every person has a right to inspect a public record in the state, including public 06 records in recorders' offices, except 07 (1) records of vital statistics and adoption proceedings which shall be 08 treated in the manner required by AS 18.50; 09 (2) records pertaining to juveniles, unless disclosure of a record has 10 been explicitly authorized by law; 11 (3) medical and related public health records; 12 (4) records required to be kept confidential by a federal law or 13 regulation or by state law; 14 (5) to the extent the records are required to be kept confidential under
01 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure 02 or retain federal assistance; and 03 (6) records or information compiled for law enforcement purposes, but 04 only to the extent that the production of the law enforcement records or information 05 (A) could reasonably be expected to interfere with enforcement 06 proceedings; [,] 07 (B) would deprive a person of a right to a fair trial or an 08 impartial adjudication; [,] 09 (C) could reasonably be expected to constitute an unwarranted 10 invasion of the personal privacy of a suspect, defendant, victim, or witness; [,] 11 (D) could reasonably be expected to disclose the identity of a 12 confidential source; [,] 13 (E) would disclose confidential techniques and procedures for 14 law enforcement investigations or prosecutions; [,] 15 (F) would disclose guidelines for law enforcement investigations 16 or prosecutions if the disclosure could reasonably be expected to risk 17 circumvention of the law; [,] or 18 (G) could reasonably be expected to endanger the life or 19 physical safety of an individual. 20 (b) Every public officer having the custody of records not included in the 21 exceptions set out in (a) of this section shall permit the inspection, and give on 22 demand and on payment of the fees under AS 09.25.110 - 09.25.115 a certified copy 23 of the record, and the copy shall in all cases be evidence of the original. 24 (c) Recorders shall 25 (1) permit memoranda, transcripts, and copies of the public records in 26 their offices to be made by photography or otherwise for the purpose of examining 27 titles to real estate described in the public records, making abstracts of title or 28 guaranteeing or insuring the titles of the real estate, or building and maintaining title 29 and abstract plants; and 30 (2) [SHALL] furnish proper and reasonable facilities to persons having 31 lawful occasion for access to the public records for those purposes, subject to
01 reasonable rules and regulations, in conformity to the direction of the court, as are 02 necessary for the protection of the records and to prevent interference with the regular 03 discharge of the duties of the recorders and their employees. 04 * Sec. 2. AS 47.10.090(a) is amended to read: 05 (a) The court shall make and keep records of all cases brought before it. The 06 court's official records may be inspected only with the court's permission and only by 07 persons having a legitimate interest in them. Except as required in (d) of this 08 section, all [ALL] information and social records pertaining to a minor and prepared 09 by an employee of the court or by a federal, state, or municipal [CITY] agency in the 10 discharge of the employee's or agency's official duty, including driver's license action 11 under AS 28.15.185, are privileged and may not be disclosed directly or indirectly to 12 anyone without the court's permission. [HOWEVER, A STATE OR CITY 13 LAW-ENFORCEMENT AGENCY SHALL DISCLOSE INFORMATION 14 REGARDING A CASE WHICH IS NEEDED BY THE PERSON OR AGENCY 15 CHARGED WITH MAKING A PRELIMINARY INVESTIGATION FOR THE 16 INFORMATION OF THE COURT. THE COURT SHALL FORWARD A RECORD 17 OF ADJUDICATION OF A VIOLATION OF AN OFFENSE LISTED IN 18 AS 28.15.185(a) TO THE DEPARTMENT OF PUBLIC SAFETY, IF THE COURT 19 IMPOSES A LICENSE REVOCATION UNDER AS 28.15.185.] Within 30 days of 20 the date of a minor's 18th birthday or, if the court retains jurisdiction of a minor past 21 the minor's 18th birthday, within 30 days of the date on which the court relinquishes 22 jurisdiction over the minor, the court shall order sealed all the court's official records, 23 information and social records pertaining to that minor, as well as records of all 24 driver's license proceedings under AS 28.15.185, criminal proceedings against the 25 minor and punishments assessed against the minor except for traffic offenses. A person 26 may not use these sealed records for any purpose except that the court may order their 27 use for good cause shown or may order their use by an officer of the court in making 28 a presentencing report for the court. 29 * Sec. 3. AS 47.10.090(c) is amended to read: 30 (c) A person who violates a provision of (a) or (b) of this section is guilty of 31 a misdemeanor, and upon conviction is punishable by a fine of not more than $500 or
01 by imprisonment for not more than one year, or by both. 02 * Sec. 4. AS 47.10.090 is amended by adding new subsections to read: 03 (d) Notwithstanding the limitations on disclosures of information under (a) and 04 (b) of this section, 05 (1) a state or municipal law enforcement agency shall disclose 06 information regarding a case involving a minor that is brought under AS 47.10.010 - 07 47.10.142 08 (A) to a person or agency charged with making a preliminary 09 investigation for the information of the court, if that information is needed by 10 the person or agency; 11 (B) to any person upon request, but a disclosure under this 12 subparagraph 13 (i) is limited to information relating to the facts or 14 circumstances of the violation of the criminal law of the state or 15 municipality for which the minor may be adjudicated a delinquent 16 minor under AS 47.10.010(a)(1); and 17 (ii) may not include the name of, picture of, or 18 information specific to the minor unless disclosure of that information 19 is authorized by (b) of this section or other law; and 20 (2) if, in the adjudication of a violation of an offense listed in 21 AS 28.15.185(a), the court imposes a license revocation under AS 28.15.185, the court 22 shall forward a record of the adjudication to the Department of Public Safety. 23 (e) The limitations on disclosures of information under (a) and (b) of this 24 section do not apply to a minor who 25 (1) was at least 13 years of age at the time the offense was committed; 26 (2) possessed a firearm or a knife at any time during the commission 27 of the offense; and 28 (3) used or threatened to use the firearm or knife during the 29 commission of the offense.