HB 6: "An Act amending laws relating to the disclosure of information relating to certain minors."
00HOUSE BILL NO. 6 01 "An Act amending laws relating to the disclosure of information relating to 02 certain minors." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.12.300(c) is amended to read: 05 (c) Except when required by AS 47.12.305, the [THE] name or picture of 06 a minor under the jurisdiction of the court may not be made public in connection with 07 the minor's status as a delinquent unless authorized by order of the court. 08 * Sec. 2. AS 47.12 is amended by adding a new section to read: 09 Sec. 47.12.305. Public disclosure of information in court record relating 10 to minor adjudicated delinquent. (a) The court shall publicly disclose the name of 11 a minor, the name or names of the minor's parent, parents, or guardian, the offense, 12 and the court's dispositional order when the court has adjudicated the minor a 13 delinquent based on the minor's commission of an offense punishable as 14 (1) a felony; or
01 (2) a misdemeanor when the minor has previously been adjudicated a 02 delinquent based on the minor's previous commission of an offense that was, at the 03 time of its commission, punishable as a felony or as a misdemeanor. 04 (b) The court may publicly disclose information in a record maintained by the 05 court as may be necessary to protect the safety of the public. 06 * Sec. 3. AS 47.12.310(a) is amended to read: 07 (a) Except as specified in AS 47.12.315, AS 47.12.320, and (b) - (g) of this 08 section, all information and social records pertaining to a minor who is subject to this 09 chapter or AS 47.17 prepared by or in the possession of a federal, state, or municipal 10 agency or employee in the discharge of the agency's or employee's official duty, 11 including driver's license actions under AS 28.15.185, are privileged and may not be 12 disclosed directly or indirectly to anyone without a court order. 13 * Sec. 4. AS 47.12.310(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 this chapter; 18 (2) shall, when a minor has been arrested for the commission of an 19 offense, disclose to the public the name of a minor, the name or names of the 20 minor's parent, parents, or guardian, and the nature of the offense for which the 21 minor was arrested when the minor is arrested for the commission of an offense 22 that is 23 (A) a felony; or 24 (B) a misdemeanor and the minor was previously arrested 25 by a state or municipal law enforcement agency for committing an offense 26 that was, at the time of the minor's previous arrest, punishable as a felony 27 or as a misdemeanor; 28 (3) shall, when a minor is arrested for the commission of an 29 offense, disclose to the victim and to the victim's insurance company the name of 30 the arrested minor and the name or names of the minor's parent, parents, or 31 guardian;
01 (4) may disclose to the public information regarding a criminal offense 02 in which a minor is a suspect, victim, or witness if the minor is not identified by the 03 disclosure; 04 (5) [(3)] may disclose to school officials and to a teacher possessing 05 a valid teaching certificate employed in a school 06 (A) the arrest record of a minor enrolled in the school; and 07 (B) information regarding a case as may be necessary to protect 08 the safety of school students and staff; 09 (6) [(4)] may disclose to the public information regarding a case as may 10 be necessary to protect the safety of the public; and 11 (7) [(5)] may disclose to a victim and to the victim's insurance 12 company information about the arrest of a minor or an investigation regarding a 13 case involving a minor, including copies of reports, as necessary for civil litigation 14 or insurance claims pursued by or against the victim. 15 * Sec. 5. AS 47.12.310(d) is amended to read: 16 (d) The [UPON REQUEST OF A VICTIM, THE] department shall make 17 every reasonable effort to notify the victim as soon as practicable, by telephone or in 18 writing, when a delinquent minor is to be released from placement in a juvenile facility 19 under AS 47.12.120(b)(1). The notice under this subsection must include the expected 20 date of the delinquent minor's release, the geographic area in which the delinquent 21 minor is required to reside, and other pertinent information concerning the delinquent 22 minor's conditions of release that may affect the victim. 23 * Sec. 6. AS 47.12.310(g) is amended to read: 24 (g) The department and affected law enforcement agencies shall work with 25 school districts and private schools to develop procedures for the disclosure of 26 information to school officials under (b)(3) [AND (c)(3)] of this section and to school 27 officials and teachers under (c)(5) of this section. The procedures must provide a 28 method for informing the principal or the principal's designee of the school the student 29 attends as soon as it is reasonably practicable. 30 * Sec. 7. AS 47.12.310(h) is amended to read: 31 (h) Notwithstanding (c)(5) [(c)(3)] of this section, a state or municipal law
01 enforcement agency is not required to notify the appropriate school official of a school 02 district or school or a teacher under (c) of this section if the agency determines that 03 notice would jeopardize an ongoing investigation. 04 * Sec. 8. AS 47.12 is amended by adding a new section to read: 05 Sec. 47.12.315. Public disclosure of information in agency records relating 06 to certain minors. Notwithstanding AS 47.12.310, when an agency takes action under 07 AS 47.12.040(a)(1) to adjust a matter, or when under AS 47.12.040(a)(2) the court 08 directs the agency to adjust the matter, the agency shall disclose to the public the name 09 of a minor, the name or names of the parent, parents, or guardian of the minor, the 10 action required by the agency to be taken by the minor under AS 47.12.060 to adjust 11 the matter, and information about the offense exclusive of information that identifies 12 the victim of the offense if exercise of agency jurisdiction is based on the minor's 13 alleged commission of an offense that is 14 (1) a felony; or 15 (2) a misdemeanor when the agency has previously taken action under 16 AS 47.12.040(a) affecting the minor based on the minor's alleged previous commission 17 of an offense that was, at the time of the minor's alleged commission of the previous 18 offense, punishable as a felony or as a misdemeanor. 19 * Sec. 9. AS 47.12.320(a) is amended to read: 20 (a) Notwithstanding AS 47.12.300 and 47.12.310, a parent or legal guardian 21 of a minor subject to a proceeding under this chapter may disclose to the public 22 confidential or privileged information about the minor [, INCLUDING 23 INFORMATION THAT HAS BEEN LAWFULLY OBTAINED FROM AGENCY OR 24 COURT FILES, TO THE GOVERNOR, THE LIEUTENANT GOVERNOR, A 25 LEGISLATOR, THE OMBUDSMAN APPOINTED UNDER AS 24.55, THE 26 ATTORNEY GENERAL, AND THE COMMISSIONERS OF HEALTH AND 27 SOCIAL SERVICES, ADMINISTRATION, OR PUBLIC SAFETY, OR AN 28 EMPLOYEE OF THESE PERSONS, FOR REVIEW OR USE IN THEIR OFFICIAL 29 CAPACITIES. A PERSON TO WHOM DISCLOSURE IS MADE UNDER THIS 30 SECTION MAY NOT DISCLOSE CONFIDENTIAL OR PRIVILEGED 31 INFORMATION ABOUT THE MINOR TO A PERSON NOT AUTHORIZED TO
01 RECEIVE IT]. 02 * Sec. 10. AS 47.12.320(c) is repealed.