HOUSE BILL NO. 316 "An Act relating to the sealing of certain court records; restricting the publication of certain records of convictions on a publicly available website; relating to public records; and amending Rule 37.6, Alaska Rules of Administration." 3:41:00 PM PATRICK FITZGERALD, STAFF, REPRESENTATIVE HARRIET DRUMMOND, explained the bill. The legislation was designed to seal the court records of people who were convicted of simple possession of marijuana prior to legalization. He voiced that the burden of a lifelong criminal record for persons convicted of a crime that was currently legal kept them from achieving their full potential. The intent of the bill did not remove the records of serious criminal offenders. The purpose of the bill was to eliminate restrictions and barriers that may be keeping Alaskans from gaining employment, finding housing, qualify for schooling, advancing in certifications, or reaching a higher quality of life. He characterized the legislation as a "jobs bill". He furthered that the voter initiative to legalize marijuana had been in effect for three years. Legalization created prosperous small business owners and generated millions in revenue for the state. Many Alaskans had benefited from legalization and the bill would eliminate the barriers for some Alaskans from becoming "productive" and "contributing members of society". Mr. Fitzgerald reviewed the sectional analysis (copy on file): Sec. 1 AS 12.62.160 Stating that an agency may not release records of a criminal case to the public if the defendant was charged with possession of a controlled substance schedule VIA. Schedule VIA definition: AS 11.71.190 (a) a substance shall be placed in schedule VIA if it is found under AS 11.71.120 to have the lowest degree of danger or probable danger to the person or public. (b) marijuana is a schedule VIA controlled substance. Person had to have been 21 years or older at time of offense. Sec. 2 AS 22.35(040) Is amended by adding: AS 22.35.040 Confidential court records. A court record of a criminal case is will be made confidential if defendant was convicted of VIA possession through state or local ordinance as a stand-alone charge. Sec. 3 AS 40.25.120 Every person has a right to inspect a public record in the state, including public records in recorders offices except: (18) Records of a schedule VIA possession for less than once ounce if it was a stand- alone charge. Defines that a person must have been 21 or older for the confidentiality to apply. Sec. 4 Alters indirect court rule amendment "Alaska Rules of Administration" by limiting public access to certain case records. Sec. 5 States that because of section four of this act must receive 2/3 majority vote in each house because of Article IV Sec. 15 of the Alaska State Constitution. Sec. 6 Provides effective date for 120 after bill signing. 3:45:24 PM Co-Chair Seaton did not see the words "standalone" in the bill but noted that Mr. Fitzgerald had mentioned them. He cited page 4 of the bill, subparagraph (18), lines 19 through 23 as the new provision the bill was adding to existing statute. Mr. Fitzgerald pointed to the language in lines 22 through 23 "was not convicted of any other charge in that case." Representative Wilson provided the scenario of someone who initially received higher charges but was convicted of the lower offense in a plea bargain. She asked whether the conviction of simple possession would completely seal the record. Mr. Fitzgerald replied that if the courts plead down to a simple possession only charge there was a reason for doing so and the individual should not be discriminated against. Representative Wilson provided an example where a person received a driving under the influence (DUI) and a marijuana charge. She asked if the DUI charge was dropped and the person was convicted of simple possession the DUI would also be removed. Mr. Fitzgerald replied in the negative. Representative Wilson did not believe that was what the bill language said. She read from the bill [page 4, subparagraph (18), lines 19 through 23]: (18) records of a conviction 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 if the defendant was 21 years of age or older at the time of commission of the offense and was not convicted of any other charges in that case. Representative Wilson surmised that in the case of a combined charge where the person was only convicted of the marijuana charge both the charge and conviction would be sealed. Mr. Fitzgerald responded that it was rare for a DUI charge to plea down to simple possession of marijuana. Representative Wilson did not care what rarely occurred. She deduced that there could be five charges and everything else would be sealed along with the simple possession conviction. 3:49:33 PM NANCY MEADE, GENERAL COUNSEL, ALASKA COURT SYSTEM, answered that Section 2, which applied to the court record worked the same way as Representative Wilson's hypothetical scenario. The bill applied to a conviction and not charges. Representative Wilson used a domestic violence charge in place of the DUI example and deduced that the domestic violence charge would disappear because there were no exemptions regarding other charges. Ms. Mead replied in the affirmative and added that the conviction related to all the charges in the case and maintained that all would become confidential. She was unaware of how often the scenario occurred. Representative Wilson wondered if the idea for the legislation was because marijuana was now legal. REPRESENTATIVE HARRIET DRUMMOND, SPONSOR, replied that when the marijuana initiative had been brought forward it had been decided not to include the expungement feature in the bill. She noted that other states had legalized marijuana had adopted the measure in HB 316 and believed that the governor of Vermont had expunged the records of 200 people when marijuana became legal and California was beginning the expungement process. Representative Wilson thought that the same argument could apply to felony crimes that were lowered to misdemeanors in prior criminal reform legislation. Representative Drummond believed that they were covering new territory with the legalization of marijuana. She stated that it had always been illegal to steal. She elaborated that marijuana had been legal for three years and many were profiting from the industry. She had heard of situations where minors with simple possession charges were applying to military academies but could never remove the charge from their records that created a permanent impediment to their lives. The bill applied only to adults with simple possession. Representative Wilson understood the goal of the bill, but she was concerned there could be other charges accompanying a marijuana conviction. She maintained her belief that the bill did not apply equally to other charges that were lowered. She thought there may be other safety issues in the current bill language but would consider amendments to correct the issues. Co-Chair Foster asked if there were additional items Mr. Fitzgerald wanted to cover. Mr. Fitzgerald addressed the changes contained in the House Judiciary Committee version of the bill. He indicated that the CS eliminated the date of convictions prior to the legalization date of February 24, 2015 and included that "all charges had been encompassed" in the provision. Additionally, the legislation specified that the provisions applied to individuals 21 years of age or older. Co-Chair Foster OPENED public testimony. 3:55:52 PM TARA RICH, LEGAL AND POLICY DIRECTOR, AMERICAN CIVIL LIBERTIES UNION (ACLU) OF ALASKA, ANCHORAGE (via teleconference), shared that she had submitted written comments to the committee (copy on file). She spoke in support of the bill. She related that she had not heard any discussion regarding what sectors of the population the bill would apply to. The ACLU had performed research based on the arrest rate for simple marijuana possession but was not able to discern the data for conviction rates. The data showed that from 2008 through 2013 African Americans were twice as likely to be arrested for marijuana possession and Alaska Native and American Indians were more than 1.5 times as likely to be arrested for marijuana possession than whites. She concluded that marijuana possession laws were routinely enforced disproportionately against people of color and was systematized in the war on drugs. The bill sought to achieve equity in an unjust system. Representative Wilson questioned why the person that "pleaded out" or was convicted of simple possession that was illegal at the time "should have no more punishment because of that." Ms. Rich replied with an explanation about the distinction between pleading guilty and a conviction and noted that the state did not have to prove guilt in a plea agreement. She indicated that particularly with low level offences such as simple possession, it was easier for people to plead guilty to avoid the disruption in people's lives through incarceration. She noted that there was evidence-based data that demonstrated plea agreements effectuated the same harm as a conviction for people of color without asking the state to fulfill its duty of proving guilt. Representative Wilson restated her question and emphasized that the person with the conviction broke the law at the time. Ms. Rich pointed to the disproportionate level of policing against minority communities, which was well documented. She added that on a national level, despite marijuana use at about the same rate as Caucasians, African Americans were nearly four times more likely to be arrested for marijuana possession. She voiced that the people of Alaska decided that the activity was not criminal and coupled with systemic discriminatory enforcement, she believed that the provision was appropriate. Representative Wilson did not believe police officers in Alaska were targeting anyone and were merely trying to uphold the state's laws. 4:02:14 PM TIM HINTERBERGER, SELF, ANCHORAGE (via teleconference), reported that he had been chair of the campaign to legalize marijuana. He supported the bill. He relayed that the original initiative was drafted as straight forward as possible to maximize the chance of passage of the initiative. Currently, other stated that legalized marijuana adopted measures that sealed the record of individuals with prior marijuana convictions. He believed that the bill was "entirely consistent with ballot measure two." Vice-Chair Gara thanked Mr. Hinterberger for his work. He warned that currently in Alaska law a student in possession of marijuana on school grounds was subject to a Class A felony and suggested that Mr. Hinterberger consider acting to endorse statutory change in the future. 4:04:32 PM AMY JACKMAN KEEP CANNABIS LEGAL, KENAI (via teleconference), testified in support of the legislation. She shared that she had been the campaign manager for the Keep Cannabis Legal campaign the previous year. She thanked the committee for the opportunity to testify. She hoped that the committee would consider the wellbeing of everyone in the state and keep an open mind. She spoke about a divided society focused on differences that created fear and judgement. She believed that historically cannabis had been falsely demonized. She voiced issues regarding corporations and did not consider them equal to people. She favored a society built on love and acceptance of marijuana use. She listed the medical and pleasurable benefits of marijuana consumption and termed it a "miracle plant." She strongly favored permanently sealing the records of non- violent convictions based on cannabis. Co-Chair Foster CLOSED public testimony. Representative Wilson asked if a representative from the Department of Public Safety was online. She referred to the fiscal note and wondered whether the bill sealed the records from the Department of Public Safety (DPS). KATHERYN MONFREDA, CHIEF, CRIMINAL RECORDS AND IDENTIFICATION BUREAU, DEPARTMENT OF PUBLIC SAFETY, responded that the department still questioned whether it would receive the sealed records from the Court System for criminal justice and law enforcement purposes. Representative Wilson thought that the fiscal note indicated that the records would be removed from the DPS system. She asked for clarification. Ms. Monfreda answered that the records would be removed from release for the limited purpose of AS 12.62.160 (b)8 related to employment or licensing purposes. The records would remain available for law enforcement and other purposes. 4:14:28 PM Representative Wilson asked for further information about who had access to the information. Co-Chair Foster gave an amendment deadline of the following Tuesday at 5:00 p.m. HB 316 was HEARD and HELD in committee for further consideration. 4:16:46 PM AT EASE 4:17:05 PM RECONVENED Co-Chair Foster reviewed the schedule for the following week.