Legislature(2021 - 2022)BUTROVICH 205
05/02/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB246 | |
| SB124 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 124 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 246 | TELECONFERENCED | |
HB 246-ACCESS TO MARIJUANA CONVICTION RECORDS
[Contains discussion of SB 207.]
1:34:46 PM
CHAIR HOLLAND announced the consideration of CS FOR HOUSE BILL
NO. 246(FIN) "An Act restricting the release of certain records
of convictions; relating to misconduct involving marijuana by
persons 18, 19, or 20 years of age; amending Rule 17(h), Alaska
Rules of Minor Offense Procedure; and providing for an effective
date."
CHAIR HOLLAND noted that this was the second hearing in this
committee and there was a Senate committee substitute for the
committee to consider. HB 246 is the companion to SB 207, which
the committee previously heard.
1:35:18 PM
SENATOR SHOWER moved to adopt the Senate committee substitute
(SCS) for HB 246, work order 32-LS1300\W, as the working
document.
1:35:27 PM
CHAIR HOLLAND objected for discussion purposes.
1:35:39 PM
ED KING, Staff, Senator Roger Holland, Alaska State Legislature,
Juneau, Alaska, stated that Version W replaces the language in
HB 246 with the language in SB 207. This leaves the bill with
changes in Section 1 related to legislative intent and removes
references to ages 18, 19, and 20 throughout the bill.
1:36:26 PM
REPRESENTATIVE KREISS-TOMKINS, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 246, related his understanding that the
Senate committee substitute, Version W, would reverse the
changes made in the House Finance Committee. He stated that he
was entirely on board with the changes.
1:36:43 PM
CHAIR HOLLAND removed his objection; he heard no further
objection, and Version W was adopted.
1:36:53 PM
SENATOR SHOWER related his understanding that the intent was to
provide relief for those charged with possessing marijuana
before marijuana was legalized. He offered his view that the
bill morphed into a bill related to future marijuana crimes. He
noted that passing Version W would help people obtain jobs and
housing and get them back into society by removing their
marijuana convictions from CourtView. He said he did not support
Version I.
1:37:44 PM
CHAIR HOLLAND solicited amendments from members.
1:37:55 PM
SENATOR HUGHES moved to adopt Amendment 1, work order 32-
LS1300\W.1.
32-LS1300\W.1
Radford
5/2/22
AMENDMENT 1
OFFERED IN THE SENATE
TO: SCS CSHB 246(JUD), Draft Version "W"
Page 3, line 7, following "possession.":
Insert "(a)"
Page 3, following line 14:
Insert a new subsection to read:
"(b) The Alaska Court System shall post a
general notice on its publicly available Internet
website that
(1) court records under (a) of this section have
been removed from the publicly available Internet
website; and
(2) provides information on how to obtain a
criminal history record that includes the information
removed under (a) of this section."
1:38:01 PM
CHAIR HOLLAND objected for discussion purposes.
1:38:10 PM
SENATOR HUGHES explained Amendment 1 would ensure that the
public realizes that CourtView does not provide a full report on
individuals. She offered her view that larger businesses and
employers understand this, but small business owners may not
know that aspect and rely entirely on CourtView. She stated that
the Alaska Court System must manage the system, so she was aware
that legislative requests create a burden without any
appropriation. However, this provides a public service not
mandated in statute that Alaskans rely on, so the legislature
should provide funding to manage it. She noted it might not
matter whether someone had a marijuana conviction, but some jobs
require squeaky clean employees. She acknowledged that CourtView
has a disclaimer that it is not a complete record. Amendment 1
would require the court system to continue to disclose that
statement or something similar.
1:42:25 PM
SENATOR MYERS offered his view that in some ways Amendment 1
kills the point of the bill. He stated the goal of HB 246 was to
help people try to move on. The person may have made a mistake
years ago. He said as a truck driver, he is subject to random
drug testing, so drug use is important in some professions.
However, society as a whole tends not to view it as important.
He offered his view that it seemed disingenuous to provide
someone's record in CourtView but also indicate there's more to
the record.
1:43:47 PM
NANCY MEADE, General Counsel, Office of the Administrative
Director, Alaska Court System, Anchorage, Alaska, stated that
she discussed Amendment 1 with the sponsor because it does cause
some concern for the court system, primarily because this is not
necessary. As the sponsor mentioned, the court system already
does these things. She noted that the court system has always
had cases removed from CourtView. In 2015, the legislature
required the court system to remove all criminal cases that
resulted in dismissals or acquittals, and the court system did
not object. Since then, the legislature has continued
identifying different categories the court system cannot post to
CourtView, including minor consuming cases. The court has a rule
relating to cases the Alaska Supreme Court wants removed from
CourtView, such as suspended imposition of sentence (SIS) cases
when the person satisfactorily met the conditions. In 2015, the
court system started a page of cases removed from the public
index that allows someone to see the cases that are not listed.
Although she is actively involved in consultation with the
court's administrative office, she has not been responsible for
initiating changes to CourtView.
MS. MEADE referred to paragraph (2) on lines 10-11, which also
provides a notice. When someone opens CourtView, the notice
states, "A search of case records is not a criminal history
records check of a person ...." It links to the Department of
Public Safety so people can request a criminal history records
check. She acknowledged that it causes some problems for the
legislature to dictate at this level what the court must put on
CourtView or its notices. She explained that it was
qualitatively different from the legislature identifying
categories of cases that the legislature does not want on
CourtView. The court system can easily accomplish those
requests, which have public policy implications. However, going
deeper into what words the court system should post is
problematic. She characterized it as similar to the court system
telling the legislature that it must post the following six
items on BASIS or that the Department of Commerce, Community and
Economic Development (DCCED) must post something on its website.
1:47:17 PM
SENATOR SHOWER asked, if she no longer served as the executive
director, would the court system eliminate CourtView.
MS. MEADE responded that she had no plans to leave; however, she
did not have full control over the court system's website. She
stated that she makes suggestions, and the administrative
director and the Alaska Supreme Court decide what happens with
CourtView and cases. She did not anticipate that CourtView would
change if she were no longer the general counsel for the court
system.
1:48:18 PM
SENATOR HUGHES asked if she had posted the current information
on the website.
MS. MEADE explained that the legislature requested the court
system remove categories of crimes from Court View. She
acknowledged that she suggested the notice informing the public
that CourtView does not constitute a criminal history after she
held discussions with members. She said it seemed a good idea to
provide that type of information to the public. She drafted it
for the administrative director's review, held several
discussions, revised the language several times, and the
administrative director sent the notice language to the
webmaster.
1:49:20 PM
SENATOR HUGHES asked if Amendment 1 prescribes specific wording
to be included on the court system's website.
MS. MEADE responded that specific words aren't required, but
Amendment 1 dictates that the court must actively do something
to its general pages, and that is different than not listing
certain cases.
1:50:16 PM
SENATOR HUGHES stated that this would be like the judiciary
branch instructing the legislature to do certain things. She
offered her view that the courts sometimes instruct the
legislature to do certain things. She indicated that Amendment 1
sets policy for public awareness. She suggested that when
providing a public service that it relies on, there is a
responsibility to be sure the public understands what
information is being provided. She pointed out that Amendment 1
requires a general statement on the court system's home page,
not on the individual's record. She indicated her support for
CourtView and her desire to have it available to the next
generation.
1:51:53 PM
CHAIR HOLLAND asked whether the court system's website was
mandated by statute.
MS. MEADE answered no; the Alaska Court System's website is not
mandated by statute.
1:52:07 PM
CHAIR HOLLAND maintained his objection.
A roll call vote was taken. Senators Shower, Hughes, and Kiehl
voted in favor of Amendment 1 and Senators Myers and Holland
voted against it. Therefore, Amendment 1 was adopted by a 3:2
vote.
CHAIR HOLLAND stated that Amendment 1 was adopted on a vote of 3
yeas and 2 nays.
CHAIR HOLLAND found no further amendments and he solicited the
will of the committee.
1:53:05 PM
SENATOR SHOWER moved to report the Senate committee substitute
(SCS) for HB 246, work order 32-LS1300\W, as amended, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR HOLLAND found no objection, and SCS CSHB 246(JUD) was
reported from the Senate Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 246 SJUD CS (version W).pdf |
SJUD 5/2/2022 1:30:00 PM |
HB 246 |
| HB 246 SJUD Amendment W.1.pdf |
SJUD 5/2/2022 1:30:00 PM |
HB 246 |
| SB 124 SJUD Amendment #1 (I.3).pdf |
SJUD 4/27/2022 1:30:00 PM SJUD 5/2/2022 1:30:00 PM SJUD 5/4/2022 1:30:00 PM |
SB 124 |
| SB 124 SJUD Amendment #2 (I.4).pdf |
SJUD 4/27/2022 1:30:00 PM SJUD 5/2/2022 1:30:00 PM SJUD 5/4/2022 1:30:00 PM |
SB 124 |
| SB 124 SJUD Amendment #3 (I.5).pdf |
SJUD 4/27/2022 1:30:00 PM SJUD 5/2/2022 1:30:00 PM SJUD 5/4/2022 1:30:00 PM |
SB 124 |
| SB 124 SJUD Amendment #4 (I.11).pdf |
SJUD 5/2/2022 1:30:00 PM SJUD 5/4/2022 1:30:00 PM |
SB 124 |
| SB 124 SJUD Amendment #5 (I.10).pdf |
SJUD 5/2/2022 1:30:00 PM SJUD 5/4/2022 1:30:00 PM |
SB 124 |
| SB 124 SJUD Amendment #6 (I.12).pdf |
SJUD 5/2/2022 1:30:00 PM SJUD 5/4/2022 1:30:00 PM |
SB 124 |
| SB 124 SJUD Amendment #7 (I.13).pdf |
SJUD 5/2/2022 1:30:00 PM SJUD 5/4/2022 1:30:00 PM |
SB 124 |
| SB 124 SJUD Amendment #8 (I.14).pdf |
SEDC 5/2/2022 1:30:00 PM SJUD 5/2/2022 1:30:00 PM SJUD 5/4/2022 9:00:00 AM SJUD 5/6/2022 1:30:00 PM |
SB 124 |
| SB 124 SJUD Amendment #9 (I.9).pdf |
SEDC 5/2/2022 1:30:00 PM SJUD 5/2/2022 1:30:00 PM SJUD 5/4/2022 9:00:00 AM SJUD 5/6/2022 1:30:00 PM |
SB 124 |
| SB 124 SJUD Amendment #10 (I.15).pdf |
SEDC 5/2/2022 1:30:00 PM SJUD 5/2/2022 1:30:00 PM SJUD 5/4/2022 9:00:00 AM SJUD 5/6/2022 1:30:00 PM |
SB 124 |
| SB 124 SJUD Amendment #11 (I.20).pdf |
SEDC 5/2/2022 1:30:00 PM SJUD 5/2/2022 1:30:00 PM SJUD 5/4/2022 9:00:00 AM SJUD 5/6/2022 1:30:00 PM |
SB 124 |
| SB 124 Written Public Testimony - SJUD 5.2.22.pdf |
SJUD 5/2/2022 1:30:00 PM |
SB 124 |
| SB 124 - Testimony (Faith Myers).docx |
SJUD 5/2/2022 1:30:00 PM |
SB 124 |
| SB 124 - Letter of Support (Southcentral Foundation).pdf |
SJUD 5/2/2022 1:30:00 PM |
SB 124 |
| SB 124 Written Testimony (Jim Gottstein).pdf |
SJUD 5/2/2022 1:30:00 PM |
SB 124 |
| SB 124 - Testimony CCHR Seattle 5-2-22.pdf |
SJUD 5/2/2022 1:30:00 PM |
SB 124 |
| SB 124 - GCDSE Letter of Support.pdf |
SJUD 5/2/2022 1:30:00 PM |
SB 124 |