01/28/2022 01:30 PM House JUDICIARY

         HB 246-ACCESS TO MARIJUANA CONVICTION RECORDS                                                                      
                                                                                                                                
2:47:47 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE BILL  NO. 246, "An  Act restricting the release  of certain                                                               
records  of convictions;  and providing  for an  effective date."                                                               
He stated that  Legislative Legal Services is  authorized to make                                                               
technical and conforming changes to the bill.                                                                                   
                                                                                                                                
2:49:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  moved to  adopt Amendment 1  to HB
, labeled, 32-LS1300\A.1, Radford, 1/24/22, which read:                                                                      
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "restricting"                                                                                                
          Insert "requiring a notification with"                                                                              
                                                                                                                                
     Page 1, line 4, through page 2, line 28:                                                                                   
          Delete all material.                                                                                                  
                                                                                                                                
REPRESENTATIVE SNYDER objected.                                                                                                 
                                                                                                                                
2:49:45 PM                                                                                                                    
                                                                                                                                
CLAIRE  GROSS, Staff  to Representative  Jonathan Kreiss-Tomkins,                                                               
Alaska  State  Legislature,  on  behalf  of  the  prime  sponsor,                                                               
Representative Kreiss-Tomkins,  explained that Amendment  1 would                                                               
"clean up" language  to be more consistent.  She  stated that the                                                               
reference  to  "criminal  justice  information"  has  a  separate                                                               
definition  from "criminal  history  records  information."   She                                                               
added that the inclusion of a  reference to the latter term could                                                               
unintentionally result in the court system's involvement.                                                                       
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  for the  definition  of  criminal                                                               
justice information.                                                                                                            
                                                                                                                                
MS.  GROSS  referred  to AS  12.62.900,  which  defines  criminal                                                               
justice  information  as any  of  the  following:   a  record  of                                                               
traffic  offenses  maintained  for   the  purpose  of  regulating                                                               
driver's  licenses, or  a record  of  a juvenile  subject to  the                                                               
jurisdiction  of  a  court  under  AS  47.12.    She  added  that                                                               
subsection  (a) referenced  criminal history  record information,                                                               
subsection (b) referenced  non-conviction information, subsection                                                               
(c)   referenced   correctional    treatment   information,   and                                                               
subsection (d) referenced  information related to a  person to be                                                               
located, whether or not that  person is wanted in connection with                                                               
the commission of a crime.                                                                                                      
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  whether  the  proposed bill  would                                                               
result in a  broader restriction of information  which appears on                                                               
a criminal background check.                                                                                                    
                                                                                                                                
MS. MEADE suggested  that the question should be  directed to the                                                               
Department of  Law or to  the Department  of Public Safety.   She                                                               
stated that criminal background checks  are not a function of the                                                               
court system.                                                                                                                   
                                                                                                                                
CHAIR  CLAMAN  offered his  understanding  that  the change  from                                                               
"criminal history information"  to "criminal justice information"                                                               
was  proposed to  reduce the  amount of  the implications  to the                                                               
court system's record keeping.                                                                                                  
                                                                                                                                
MS. GROSS agreed with Chair Claman's understanding.                                                                             
                                                                                                                                
2:57:02 PM                                                                                                                    
                                                                                                                                
LISA  PURINTON,   Chief,  Criminal  Records   and  Identification                                                               
Bureau,  Department  of  Public Safety,  answered  Representative                                                               
Eastman's question  by explaining the difference  between the two                                                               
terms.    She  explained  that,  in  AS  12.62.900,  the  primary                                                               
difference   pertains  to   identifying   information  and   non-                                                               
conviction  information and  that "criminal  justice information"                                                               
is broader and  specifically includes non-conviction information,                                                               
and  "criminal  history  information"  includes  past  conviction                                                               
information  and   identifying  information.    She   added  that                                                               
"criminal history  information" would appear on  the "any person"                                                               
background checks.                                                                                                              
                                                                                                                                
REPRESENTATIVE   EASTMAN  asked   whether   a   larger  body   of                                                               
information would be withheld, should Amendment 1 be adopted.                                                                   
                                                                                                                                
MS. PURINTON  offered her  understanding that  there would  be no                                                               
effect on the information to be released.                                                                                       
                                                                                                                                
REPRESENTATIVE  SNYDER removed  her  objection.   There being  no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
[HB 246 was held over.]