SB 269: "An Act relating to court records concerning children in need of aid and delinquent minors."
00SENATE BILL NO. 269 01 "An Act relating to court records concerning children in need of aid and 02 delinquent minors." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.10.090(d) is amended to read: 05 (d) Unless authorized by order of the court, the [THE] name or picture of 06 a minor under the jurisdiction of the court may not be made public in connection with 07 (1) the minor's status as a delinquent child 08 (A) if the minor is under 13 years of age at the time the 09 minor committed the offense on which a petition is filed under this 10 chapter; or 11 (B) if the minor is 13 years of age or older at the time the 12 minor committed the offense and the petition is filed on the basis of the 13 minor's commission of an offense punishable as a misdemeanor; or 14 (2) the minor's status as a child in need of aid [UNLESS
01 AUTHORIZED BY ORDER OF THE COURT]. 02 * Sec. 2. AS 47.10.090(e) is amended to read: 03 (e) The court's official records under this chapter that relate to or that are 04 based on a petition filed under this chapter for a minor alleged to be a child in 05 need of aid are confidential and may be inspected only with the court's permission 06 and only by persons having a legitimate interest in them. [A PERSON WITH A 07 LEGITIMATE INTEREST IN THE INSPECTION OF AN OFFICIAL RECORD 08 MAINTAINED BY THE COURT INCLUDES A VICTIM WHO SUFFERED 09 PHYSICAL INJURY OR WHOSE REAL OR PERSONAL PROPERTY WAS 10 DAMAGED AS A RESULT OF AN OFFENSE THAT WAS THE BASIS OF AN 11 ADJUDICATION OR MODIFICATION OF DISPOSITION. IF THE VICTIM 12 KNOWS THE IDENTITY OF THE MINOR, IDENTIFIES THE MINOR OR THE 13 OFFENSE TO THE COURT, AND CERTIFIES THAT THE INFORMATION IS 14 BEING SOUGHT TO CONSIDER OR SUPPORT A CIVIL ACTION AGAINST THE 15 MINOR OR AGAINST THE MINOR'S PARENTS OR GUARDIANS UNDER 16 AS 34.50.020, THE COURT SHALL, SUBJECT TO AS 12.61.110 AND 12.61.140, 17 ALLOW THE VICTIM TO INSPECT AND USE THE FOLLOWING RECORDS 18 AND INFORMATION IN CONNECTION WITH THE CIVIL ACTION: 19 (1) A PETITION FILED UNDER AS 47.10.010(a)(1) SEEKING TO 20 HAVE THE COURT DECLARE THE MINOR A DELINQUENT; 21 (2) A PETITION FILED UNDER AS 47.10.080 SEEKING TO HAVE 22 THE COURT MODIFY OR REVOKE THE MINOR'S PROBATION; 23 (3) A PETITION FILED UNDER AS 47.10.060 REQUESTING THE 24 COURT TO FIND THAT A MINOR IS NOT AMENABLE TO TREATMENT 25 UNDER THIS CHAPTER AND THAT RESULTS IN CLOSURE OF A CASE 26 UNDER AS 47.10.060(a); AND 27 (4) A COURT JUDGMENT OR ORDER ENTERED UNDER 28 AS 47.10.010 - 47.10.142 THAT DISPOSES OF A PETITION IDENTIFIED IN (1) - 29 (3) OF THIS SUBSECTION.] 30 * Sec. 3. AS 47.10.090 is amended by adding a new subsection to read: 31 (f) The court's official records under this chapter that relate to or that are
01 based on a petition filed under this chapter for a minor alleged to be a delinquent 02 minor 03 (1) when the minor is under 13 years of age at the time of the offense 04 on which the petition for adjudication is filed, or is 13 years of age or older at the time 05 of the offense on which the petition for adjudication is filed if the petition for 06 adjudication is based on the minor's commission of an offense punishable as a 07 misdemeanor, are confidential and may be inspected only with the court's permission 08 and only by persons having a legitimate interest in them; a person with a legitimate 09 interest in the inspection of the record includes a victim who suffered physical injury 10 or whose real or personal property was damaged as a result of an offense that was the 11 basis of an adjudication or modification of disposition; if the victim knows the identity 12 of the minor, identifies the minor or the offense to the court, and certifies that the 13 information is being sought to consider or support a civil action against the minor or 14 against the minor's parents or guardians under AS 34.50.020, the court shall, subject 15 to AS 12.61.110 and 12.61.140, allow the victim to inspect and use the following 16 records and information in connection with the civil action: 17 (A) a petition filed under AS 47.10.010(a)(1) seeking to have 18 the court declare the minor a delinquent; 19 (B) a petition filed under AS 47.10.080 seeking to have the court 20 modify or revoke the minor's probation; 21 (C) a petition filed under AS 47.10.060 requesting the court to 22 find that a minor is not amenable to treatment under this chapter and that 23 results in closure of a case under AS 47.10.060(a); and 24 (D) a court judgment or order entered under AS 47.10.010 - 25 47.10.142 that disposes of a petition identified in (A) - (C) of this paragraph; 26 (2) are, as to a minor other than a minor described in (1) of this 27 subsection, open to inspection and copying by the public.