Legislature(2021 - 2022)BUTROVICH 205
03/22/2022 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB142 | |
| SB207 | |
| SB214 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 142 | TELECONFERENCED | |
| += | SB 129 | TELECONFERENCED | |
| += | SB 207 | TELECONFERENCED | |
| += | SB 214 | TELECONFERENCED | |
| += | SJR 20 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 207-ACCESS TO MARIJUANA CONVICTION RECORDS
3:39:07 PM
CHAIR SHOWER reconvened the meeting and announced the
consideration of SENATE BILL NO. 207 "An Act restricting the
release of certain records of convictions; and providing for an
effective date."
Speaking as sponsor, Senator Shower invited Representative
Jonathan Kreiss-Tomkins' staff to provide the answers to
questions that were asked during the previous hearing.
3:39:56 PM
CLAIRE GROSS, Staff, Representative Jonathan Kreiss-Tompkins,
Alaska State Legislature, Juneau, Alaska, stated that SB 207
automatically removes from CourtView convictions under AS
11.71.060 or a municipal ordinance with similar elements, for
possession of less than one ounce of a Schedule VI controlled
substance; the individual was 21 years of age or older when they
committed the offense; and the individual was not convicted of
any other criminal charges in the case. The Court has said it
could absorb any cost associated with removing these records
from CourtView. The bill also shields from view those same
convictions when an employer makes an Any Persons Report request
for a background check from the Department of Public Safety
(DPS) database called the Alaska Public Safety Information
Network (APSIN).
MS. GROSS stated that the DPS fiscal note reflects the cost for
the department to research the criminal history records in APSIN
to determine whether the conviction qualifies to be shielded
from public view. DPS proposes hiring one person for two years
to do this research. Defendants must request the department
determine whether their conviction qualifies to be shielded and
those requests will be prioritized, although all the criminal
convictions will eventually be reviewed. She noted that there is
also a minor cost associated with the software change for APSIN.
3:45:45 PM
CHAIR SHOWER listed who was available to answer questions.
3:46:07 PM
SENATOR REINBOLD recalled that the Court submitted a fiscal note
when a similar bill was introduced in a previous legislature.
MS. GROSS deferred to Ms. Meade to discuss how that bill was a
little different.
3:46:37 PM
NANCY MEADE said that to her knowledge the Court System has
never attached a fiscal note to similar bills introduced in
prior years. When the first bill similar to SB 207 was
introduced five or six years ago, the Court System's IT staff
counted and identified the case numbers for those marijuana
possession cases that would be affected so that they could be
removed from CourtView somewhat automatically. That list has not
grown since the conduct is now legal and it will take just a
little work to fully implement the automation.
SENATOR REINBOLD mentioned hypothetical non-marijuana possession
cases that might affect a person's life and asked for her view
of having less information available for view on CourtView.
MS. MEADE replied the court does not have a preference for how
the legislature decides to do this, but the Court can only
remove the entire case from CourtView, not just one charge in a
case that remains posted.
CHAIR COSTELLO asked if she views the intent language in the
bill as helpful, confusing, or not helpful.
MS. MEADE offered her belief that this and prior sponsors
believe the intent language in Section 1 is helpful because it
tells why the legislature is removing these cases from
CourtView. She asked if she has asking about the intent language
in Section 5 about prior court records.
3:50:01 PM
SENATOR COSTELLO clarified that she was uncomfortable with the
term "low-level crimes" on page 1. She said she assumes it would
not affect the bill if the intent were removed.
MS. MEADE said she agrees with the last statement, but since it
is a policy call she would defer to either Ms. Gross or the
sponsor.
3:50:36 PM
CHAIR SHOWER said he was flexible, but the purpose of the intent
was to inform people that the bill was solely about convictions
in marijuana crimes for conduct that is no longer illegal. He
asked Ms. Gross to comment.
3:51:22 PM
MS. GROSS said the language provides an explanation for what the
bill does, but she believes the sponsor of the companion bill
would be amenable to removing it if the committee believes it is
confusing.
3:52:23 PM
SENATOR COSTELLO said the first sentence of the intent language
achieves the goal and she would suggest the committee remove the
second sentence on page 1, lines 8-11.
By protecting records of those low-level crimes from
certain types of criminal history background checks,
it is the legislature's intent to increase the
likelihood that people convicted of those low-level
crimes will become contributing members of society.
CHAIR SHOWER agreed and asked if she wanted to offer a
conceptual amendment.
3:53:27 PM
SENATOR COSTELLO moved Conceptual Amendment 1 to SB 207.
Page 1, lines 8-11:
Delete entire sentence that begins "By protecting
records..."
CHAIR SHOWER objected to ask if there were questions or comments
to the proposed amendment.
3:54:08 PM
SENATOR REINBOLD said she could go either way. She understands
what Senator Costello is saying about low-level crimes, but she
found the intent to help people become contributing members of
society helpful.
3:54:48 PM
CHAIR SHOWER said the intent seems to be covered in the first
sentence of the intent language. He read:
It is the intent of the legislature to reduce barriers
to employment for people who have been convicted of
low-level marijuana possession crimes that would be
legal on January 1, 2023.
3:55:10 PM
CHAIR SHOWER removed his objection; finding no further
objection, Conceptual Amendment 1 to SB 207 passed.
3:55:43 PM
SENATOR KAWASAKI asked if his understanding was correct that the
bill is limited to persons 21 years of age or older because that
language was in the initiative.
MS. GROSS replied the intent was to limit the scope to conduct
that is not a crime now. Marijuana possession by persons younger
than age 21 is still a crime in Alaska.
MS. MEADE agreed.
SENATOR KAWASAKI asked if anything other than cannabis was a
Schedule VI A controlled substance.
MS. GROSS answered no.
CHAIR SHOWER noted that she had used a lifeline before she
responded.
3:56:52 PM
CHAIR SHOWER opened public testimony on SB 207; finding none, he
closed public testimony.
CHAIR SHOWER held SB 207 for future consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| B.1 amendment sen .Holland.pdf |
SSTA 3/22/2022 3:30:00 PM |
SB 214 |
| SB 142 FN.pdf |
SSTA 3/22/2022 3:30:00 PM |
SB 142 |
| SJR 20 FN.pdf |
SSTA 3/22/2022 3:30:00 PM |
SJR 20 |
| Legal Memo 2-17-22.pdf |
SJUD 3/28/2022 1:30:00 PM SSTA 3/22/2022 3:30:00 PM |
SB 214 |
| SB214 32-LS1577-B.PDF |
SSTA 3/22/2022 3:30:00 PM |
SB 214 |
| SB 214 Sponsor Statement 2.28.22.pdf |
SSTA 3/22/2022 3:30:00 PM |
SB 214 |
| suport -2.pdf |
SSTA 3/22/2022 3:30:00 PM |
SB 214 |