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CSHB 316(FIN) am: "An Act relating to the release of certain records of convictions; and providing for an effective date."

00 CS FOR HOUSE BILL NO. 316(FIN) am 01 "An Act relating to the release of certain records of convictions; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 12.62.160 is amended by adding a new subsection to read: 05 (f) Notwithstanding (b)(8) of this section, the department may not release 06 records of a criminal case if the defendant 07 (1) applies to the department on a form provided by the department; 08 (2) was convicted under AS 11.71.060, or a municipal ordinance with 09 similar elements, for possession of less than one ounce of a schedule VIA controlled 10 substance; 11 (3) was 21 years of age or older at the time of commission of the 12 offense; and 13 (4) had all other criminal charges acquitted or dismissed in the case by 14 the prosecuting authority and were not dismissed as part of a plea agreement in

01 another criminal case under Rule 11, Alaska Rules of Criminal Procedure. 02 * Sec. 2. AS 22.35 is amended by adding a new section to read: 03 Sec. 22.35.040. Records concerning criminal cases for marijuana 04 possession. The Alaska Court System may not publish on a publicly available website 05 the court records of a defendant who 06 (1) was convicted under AS 11.71.060, or a municipal ordinance with 07 similar elements, for possession of less than one ounce of a schedule VIA controlled 08 substance; 09 (2) was 21 years of age or older at the time of commission of the 10 offense; and 11 (3) had all other criminal charges acquitted or dismissed in the case by 12 the prosecuting authority and were not dismissed as part of a plea agreement in 13 another criminal case under Rule 11, Alaska Rules of Criminal Procedure. 14 * Sec. 3. This Act takes effect 120 days after becoming law.