HB 28: "An Act restricting the release of certain records of convictions; and providing for an effective date."
00 HOUSE BILL NO. 28 01 "An Act restricting 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. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE INTENT. It is the intent of the legislature to reduce barriers to 07 employment for people who have been convicted of low-level marijuana possession crimes 08 that would be legal on January 1, 2024. 09 * Sec. 2. AS 12.62.160(b) is amended to read: 10 (b) Subject to the requirements of this section, and except as otherwise limited 11 or prohibited by other provision of law or court rule, criminal justice information 12 (1) may be provided to a person when, and only to the extent, 13 necessary to avoid imminent danger to life or extensive damage to property; 14 (2) may be provided to a person to the extent required by applicable
01 court rules or under an order of a court of this state, another state, or the United States; 02 (3) may be provided to a person if the information is commonly or 03 traditionally provided by criminal justice agencies in order to identify, locate, or 04 apprehend fugitives or wanted persons or to recover stolen property, or for public 05 reporting of recent arrests, charges, and other criminal justice activity; 06 (4) may be provided to a criminal justice agency for a criminal justice 07 activity; 08 (5) may be provided to a government agency when necessary for 09 enforcement of or for a purpose specifically authorized by state or federal law; 10 (6) may be provided to a person specifically authorized by a state or 11 federal law to receive that information; 12 (7) in aggregate form may be released to a qualified person, as 13 determined by the agency, for criminal justice research, subject to written conditions 14 that assure the security of the information and the privacy of individuals to whom the 15 information relates; 16 (8) may be provided to a person for any purpose, except that 17 information may not be released if the information is nonconviction information, [OR] 18 correctional treatment information, or criminal justice information as described in 19 (f) of this section; 20 (9) including information relating to a serious offense, may be 21 provided to an interested person if the information is requested for the purpose of 22 determining whether to grant a person supervisory or disciplinary power over a minor 23 or dependent adult; and 24 (10) may be provided to the person who is the subject of the 25 information. 26 * Sec. 3. AS 12.62.160 is amended by adding a new subsection to read: 27 (f) An agency may not release criminal justice information of a criminal case 28 in which the defendant 29 (1) was convicted under AS 11.71.060, or a municipal ordinance with 30 similar elements, for possession of less than one ounce of a schedule VIA controlled 31 substance;
01 (2) was 21 years of age or older at the time of commission of the 02 offense; 03 (3) was not convicted of any other criminal charges in that case; and 04 (4) requests that the agency not release the records. 05 * Sec. 4. AS 22.35 is amended by adding a new section to read: 06 Sec. 22.35.040. Records concerning criminal cases for marijuana 07 possession. (a) The Alaska Court System may not publish on a publicly available 08 Internet website the court records of a criminal case in which the defendant 09 (1) was convicted under AS 11.71.060, or a municipal ordinance with 10 similar elements, for possession of less than one ounce of a schedule VIA controlled 11 substance; 12 (2) was 21 years of age or older at the time of commission of the 13 offense; and 14 (3) was not convicted of any other criminal charges in that case. 15 (b) The Alaska Court System shall post a general notice on its publicly 16 available Internet website that 17 (1) court records under (a) of this section have been removed from the 18 publicly available Internet website; and 19 (2) provides information on how to obtain a criminal history record 20 that includes the information removed under (a) of this section. 21 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 PRIOR COURT RECORDS. The Alaska Court System shall, to the extent practicable, 24 remove court records existing before the effective date of this Act that meet the requirements 25 of AS 22.35.040(a), enacted by sec. 4 of this Act, from the court system's publicly available 26 Internet website. 27 * Sec. 6. This Act takes effect January 1, 2024.