HB 423: "An Act relating to disclosures by a court to public and private school officials of information about certain minors."
00HOUSE BILL NO. 423 01 "An Act relating to disclosures by a court to public and private school officials 02 of information about certain minors." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.55 is amended by adding a new section to read: 05 Sec. 12.55.149. NOTICE OF CONVICTION CONCERNING CERTAIN 06 MINORS. When a minor has been tried and convicted as an adult under 07 AS 47.10.010(e) or 47.10.060 of an offense described in AS 47.10.090(f)(1), the clerk 08 of the court in which the record of the minor's conviction is entered shall transmit a 09 copy of the record of the minor's conviction to the principal of the school that the 10 minor attends. 11 * Sec. 2. AS 14.30 is amended by adding a new section to read: 12 ARTICLE 1A. STUDENT EDUCATIONAL RECORDS. 13 Sec. 14.30.051. CONTENT OF STUDENT EDUCATIONAL RECORDS. In 14 addition to records that, by regulation adopted by the state Board of Education under
01 AS 14.07.020 and 14.07.060, a school district is required to keep and maintain for the 02 students who attend its schools, a school district, or a person acting for the school 03 district, that maintains the student educational records shall have the custody of the 04 copy of a record transmitted under AS 12.55.149 or AS 47.10.090(f) and shall 05 maintain the copy as a permanent part of the student's cumulative record. 06 * Sec. 3. AS 14.45.130 is amended by adding a new subsection to read: 07 (c) In addition to a record that a religious or other private school is required 08 to keep under (a) of this section, the chief administrative officer of the school shall 09 have the custody of the copy of a record transmitted under AS 12.55.149 or 10 AS 47.10.090(f) and shall maintain the copy as a part of the permanent records of the 11 student. 12 * Sec. 4. AS 47.10.060(e) is amended to read: 13 (e) A person who has been tried as an adult under this section, or the 14 department on the person's behalf, may petition the superior court to seal the records 15 of all criminal proceedings, except traffic offenses, initiated against the person, and all 16 punishments assessed against the person, while the person was a minor. A petition 17 under this subsection may not be filed until five years after the completion of the 18 sentence imposed for the offense for which the person was tried as an adult. If the 19 superior court finds that the punishment assessed against the person has had its 20 intended rehabilitative effect and further finds that the person has fulfilled all orders 21 of the court entered under AS 47.10.080(b), the superior court shall order the record 22 of proceedings and the record of punishments sealed. Sealing the records restores civil 23 rights removed because of a conviction. A person may not use these sealed records 24 for any purpose except that the court may order their use for good cause shown or may 25 order their use by an officer of the court in making a presentencing report for the 26 court. The court may not, under this subsection, seal records of a criminal proceeding 27 (1) if the record is a record described in AS 47.10.090(f)(1) that has 28 been disclosed under that subsection; 29 (2) initiated against a person if the court finds that the person has not 30 complied with a court order made under AS 47.10.080(b); or 31 (3) [(2)] commenced under AS 47.10.010(e) unless the minor has been
01 acquitted of all offenses with which the minor was charged or unless the most serious 02 offense of which the minor was convicted was not an offense specified in 03 AS 47.10.010(e)(1) or (2). 04 * Sec. 5. AS 47.10.090(c) is amended to read: 05 (c) Within 30 days of the date of a minor's 18th birthday or, if the court 06 retains jurisdiction of a minor past the minor's 18th birthday, within 30 days of the 07 date on which the court releases jurisdiction over the minor, the court shall order all 08 the court's official records pertaining to that minor, except the records that are 09 described in (f)(1) of this section that have been disclosed under that subsection, 10 sealed. The court order directing that the records be sealed must include the [, 11 AS WELL AS] records of all driver's license proceedings under AS 28.15.185, of all 12 criminal proceedings against the minor except the records of criminal proceedings 13 that are described in (f)(1) of this section that have been disclosed under that 14 subsection, and of all punishments assessed against the minor, except records of 15 punishments that are described in (f)(1) of this section that have been disclosed 16 under that subsection. A person may not use these sealed records for any purpose 17 except that the court may order their use for good cause shown or may order their use 18 by an officer of the court in making a presentencing report for the court. The 19 provisions of this subsection relating to the sealing of records do not apply to records 20 of traffic offenses. 21 * Sec. 6. AS 47.10.090(d) is amended to read: 22 (d) Except as provided by (f) of this section, the [THE] name or picture of 23 a minor under the jurisdiction of the court may not be made public in connection with 24 the minor's status as a delinquent child or a child in need of aid unless authorized by 25 order of the court. 26 * Sec. 7. AS 47.10.090 is amended by adding a new subsection to read: 27 (f) If a minor who has been adjudicated delinquent is enrolled in school, the 28 clerk of the court in which the adjudication order is entered 29 (1) shall transmit a copy of the court's adjudication order to the 30 principal of the minor's school if the minor has been adjudicated delinquent for 31 committing one or more of the following acts that, if committed by an adult, would
01 be a violation of 02 (A) an offense that is an unclassified felony; 03 (B) AS 11.41 and the violation is punishable as a felony; or 04 (C) AS 11.46.400; and 05 (2) shall maintain a record of the adjudication order released to the 06 principal under this subsection and the basis for its release.