Legislature(2019 - 2020)BELTZ 105 (TSBldg)
03/04/2020 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB8 | |
| SB191 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 8 | TELECONFERENCED | |
| += | SB 191 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 8-ACCESS TO MARIJUANA CONVICTION RECORDS
1:33:59 PM
CHAIR COGHILL announced that the first order of business would
be SENATE BILL NO. 8, "An Act restricting the release of certain
records of convictions; amending Rule 37.6, Alaska Rules of
Administration; and providing for an effective date."
CHAIR COGHILL said the bill had a hearing last session and
public testimony was heard and at that time, but he intended to
reopen it to allow several people to testify. He asked the
sponsor to present the bill.
1:34:59 PM
SENATOR TOM BEGICH, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 8, introduced himself and his staff.
SENATOR BEGICH read the sponsor statement for SB 8:
Senate Bill 8 would make confidential the records of
individuals who have been convicted of minor marijuana
crimes, and no other crime. The records would
automatically be removed from CourtView. The records
would also be removed from some background checks
administered by the Department of Public Safety, if
requested by the individual.
In 2014, Alaskans voted to legalize the cultivation,
sale, and possession of marijuana for those 21 years
old or older. Despite this change in the law, some
Alaskans remain blocked from employment and housing by
previous marijuana possession convictions that would
no longer be a crime today.
According to a report prepared by Legislative
Research, there were more than 700 Alaskans convicted
of low level marijuana crimes between 2007 and 2017.
Those convictions can make obtaining housing and
gainful employment challenging. Now that voters have
legalized marijuana, this legislation would allow
those previously convicted to move on with their
lives, while ensuring those in the criminal justice
field still have access to needed background
information.
SB 8 would make confidential. Records removed from
CourtView and some records.
SENATOR BEGICH said the concept of SB 8 first emerged when he
was in a meeting discussing crime. The director of the Mountain
View Library pointed out that a number of people used the
library computers to apply for jobs but were unable to submit
applications because of the restrictions of the prior marijuana
conviction, even if the person had no record and no other crime
had been committed. A member of the Russian Jack Community
Council also indicated that he experienced difficulty obtaining
housing. Since last year's hearing, a number of states that have
decriminalized or legalized marijuana have taken action to do
something similar to SB 8 or have removed the conviction
altogether. This bill just asks that the conviction be shielded
from CourtView, he said.
1:39:01 PM
ALEX JORGENSEN, Intern, Senator Tom Begich, Alaska State
Legislature, Juneau, Alaska, reviewed the sectional analysis for
SB 8. He read:
Section 1 Describes the legislative intent to reduce
barriers to re-entry for those convicted of low-level
marijuana possession, which would no longer be
considered crimes today
1:39:56 PM
Section 2: Prohibits the Department of Public Safety,
and any designated reporting agency, from disclosing
any criminal records associated with possession of
less than one ounce of a schedule VIA controlled
substance conviction, covering both State Statute and
municipal ordinance, if requested. These cases will be
protected from disclosure only if marijuana possession
is the only crime for which the person was convicted
in a particular criminal case. A schedule VIA
controlled substance considered to have the lowest
degree of danger to users. Marijuana is the only VIA
drug.
Section 3: Limit access to Alaska Court System's
records of criminal cases involving convictions for
possession of less than one ounce of marijuana on
Court View.
Section 4: Indirectly amends Alaska Court System Rules
of Administration by limiting access to certain
criminal records.
He added that this pertains specifically to Rule 37.6.
Section 5: Because Section 4 indirectly amends a court
rule, this legislation will require a two-thirds vote
as described by the Alaska Constitution.
Section 6: Provides 120 days for this legislation to
take effect after bill signing, giving the Courts, as
well as affected agencies, time to change their
reporting protocols.
MR. JORGENSEN said this would allow the court time to implement
these changes and come up with a procedure for individuals
requesting those records be hidden.
1:41:35 PM
SENATOR BEGICH asked his staff to review the changes recommended
by the Department of Public Safety and the Alaska Court System.
He pointed out that the court system indicated that Sections 4
and 5 were unnecessary, so those sections will be removed in any
proposed committee substitute or amendment.
1:42:25 PM
MR. JORGENSEN reviewed the explanation of changes for SB 8 from
Version A to the proposed committee substitute for SB 8, version
S [not yet before the committee]. The bill title was modified on
page 1, lines 1-2:
• Page 1, lines 1-2: Removes reference to Rule 37.6 Alaska Rules of
Administration in the title. This is to conform with the removal of section 4 in
Version A, the Indirect Court Rule change.
â?¢ Page 1, line 9: Before “criminal history background”: delete the word “a” and
insert “certain types of”
MR. JORGENSEN explained that the background checks will not be
included for medical practices but will be required when the
Department of Public Safety (DPS) determines that it is
necessary that the records be accurately reflected.
MR. JORGENSEN continued to explain the changes:
â?¢ Page 1, lines 9-10: Delete “make it more likely” and insert “increase the
likelihood”
â?¢ Page 1, line 10: Delete “only” and insert “those”
• Page 1, line 11: Amends AS 12.62.160(b)(8) (Release and use of criminal justice
information). The new Section 2 of the bill is conforming language to include
changes made to new background check policy changed by SB 8.
â?¢ Page 1, line 12: Delete “Notwithstanding (b)(8) of this section, an agency may
not release records of a criminal case” and insert “An agency may not release
criminal history record information”
â?¢ Page 2, line 3: Insert new subclause that reads “(2) was 21 years of age or older at
the time of commission of the offence;” and renumber subclauses accordingly
â?¢ Page 2, line 3: Add the word “criminal” before the word “charges”
MR. JORGENSEN said this language will help to ensure that
records will be released if no other criminal charges are
involved.
1:44:21 PM
MR. JORGENSEN continued the sectional analysis:
• Page 2, lines 6-12: Delete all material and insert:
Sec. 22.35.040. Records concerning criminal cases for marijuana possession.
The Alaska Court System may not publish on a publicly available Internet website
the court records of a criminal case in which the defendant
(1) was convicted under AS 11.71.060, or a municipal ordinance with similar
elements, for possession of less than one ounce of a schedule VIA controlled
substance;
(2) was 21 years of age or older at the time of commission of the offense; and
(3) was not convicted of any other criminal charges in that case.
MR. JORGENSEN explained that the inserted language was from
House Bill 316 introduced during the 30th legislature.
1:44:41 PM
SENATOR BEGICH added that the Alaska Court System (ACS)
recommended the language changes to Sec. 22.35.040. It conforms
to a prior law considered by this legislature and the last
legislature. The original bill contained language that had the
same intent, but was not consistent with current law. He
deferred to the ACS to provide more detail.
MR. JORGENSEN continued to read from the document of
explanation of changes for SB 8, version A to Version S:
AS 22.35.040 Records concerning criminal cases for
marijuana possession. The Alaska Court system may not
publish on a publicly available website the court
records of a defendant who
(1) was convicted under AS 11.71.060, or a
municipal ordinance with similar elements, for
possession of less than one ounce of a schedule VIA
controlled substance.
(2) was 21 years of age or older at the time
of the commission of the offense.
MR. JORGENSEN said this would ensure that the convictions for
conduct that is now legal get expunged. However, the records for
an individual who is 18 years of age would not be concealed
because it is illegal for a minor to possess marijuana less than
one ounce. He reiterated that this provision would conceal
records for charges that are no longer considered criminal.
CHAIR COGHILL asked if there were any additional proposed
changes.
SENATOR BEGICH referred to [page 2] line 12. The proposed change
would add "criminal" before "charges" and renumber the paragraph
to paragraph (3).
• Page 2, line 13-23: Delete all material
He added that Sections 4 and 5 [page 2, lines 13-23] would be
deleted.
• Page 2, line 24: Change effective date to January 1, 2021
SENATOR BEGICH said Section 6, [page 2, line 24] would change
the effective date. He read, "This Act takes effect on January
1, 2021.
1:47:20 PM
CHAIR COGHILL said his intention was to incorporate these
changes into a committee substitute and hear from the Department
of Law and the Department of Corrections (DOC) at that time.
1:47:46 PM
SENATOR HUGHES asked if removing Sections 4 and 5 and changing
the effective date would result in a simple majority vote rather
than a two-thirds vote.
SENATOR BEGICH answered that he thought that was correct.
1:50:09 PM
CHAIR COGHILL offered that under the bill the conviction for
schedule VIA controlled substances would be on file, but would
not appear in CourtView.
CHAIR COGHILL stated that he would hold SB 8 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Fiscal Note SB 8-DPS-CJISP2.28.20.pdf |
SJUD 3/4/2020 1:30:00 PM |
SB 8 |
| SB 191 Amendment A.1 3.3.2020.pdf |
SJUD 3/4/2020 1:30:00 PM |
SB 191 |
| SB 191 Amendment A.2 3.3.2020.pdf |
SJUD 3/4/2020 1:30:00 PM |
SB 191 |
| SB 191 Amendment A.5 3.3.2020.pdf |
SJUD 3/4/2020 1:30:00 PM |
SB 191 |
| SB 191 Amendment A.6 3.3.2020.pdf |
SJUD 3/4/2020 1:30:00 PM |
SB 191 |
| SB 8 Sectional Analysis 2.25.2020.pdf |
SJUD 3/4/2020 1:30:00 PM |
SB 8 |
| SB 8 Sponsor Statement 2.25.2020.pdf |
SJUD 3/4/2020 1:30:00 PM |
SB 8 |
| SB 8 Ver A 2.25.2020.pdf |
SJUD 3/4/2020 1:30:00 PM |
SB 8 |
| SB 8 Supporting Document - State Marijuana Criminal Record Confidentiality Actions 2.25.2020.pdf |
SJUD 3/4/2020 1:30:00 PM |
SB 8 |
| SB 8 Updated Supporting Document - Leg Research Report 3.4.2020.pdf |
SJUD 3/4/2020 1:30:00 PM |
SB 8 |