SB 108-LIMIT PUBLIC ACCESS TO CRIMINAL RECORDS  1:32:46 PM CHAIR COGHILL announced the consideration of SB 108. "An Act relating to the confidentiality of certain records of criminal cases; and providing for an effective date." This was the first hearing. 1:32:54 PM SENATOR DYSON, sponsor of SB 108, informed the committee that this was one of several criminal justice issues he's worked on for several years. The bill says that a person whose case never went to trial or one that resulted in acquittal would have their case removed from CourtView after 90 days. The records would still be available to attorneys and law enforcement, but would not be available to the public. He reported that he's tried to get the last two attorneys general and the Department of Law to take on the task of updating the criminal justice code, but on this issue there had been no progress. He directed attention to a handout in the packet from the Alaska Justice Forum that talks about this issue. CHAIR COGHILL recognized that Senator McGuire joined the committee. 1:37:23 PM CHUCK KOPP, Staff, Senator Fred Dyson, introduced SB 108 speaking to the following sponsor statement: [Original punctuation provided.] SB 108 seeks to strengthen privacy and liberty interests of persons by designating confidential (as defined in Administrative Rule of Court 37.5) certain court records associated with dismissed and acquitted charges. SB 108 would make court records of a criminal case confidential if 90 days have elapsed from the date of acquittal or dismissal, and 1) the person was acquitted of all charges filed in the case; 2) all criminal charges against the person have been dismissed; or 3) the person was acquitted of some of the charges in the case, and the remaining charges were dismissed. SB 108 does not pose any restriction to police and prosecution ability to access arrest records and charging documents. It does not remove information in the federal National Crime Information Center (NCIC) database, or in the Alaska Public Safety Information Network (APSIN) state database, and would not render information already in the public domain confidential. CourtView, the Alaska Trial Courts online publicly accessible database, provides exceptional access for persons seeking information on the status of criminal and civil cases, the nature of criminal charges filed against persons, and the final outcome of litigation. CourtView indefinitely shows arrest and charging documents for persons who were never convicted or incarcerated, and is an unrestricted site allowing anyone to use the database to screen any person, for any reason. In spite of CourtView user warnings that a charge is not to be considered a conviction, this public posting of a person's name and charges has had significant deleterious effects on employment prospects, ability to find housing, and other professional and personal opportunities of many Alaskans. By very definition, a person is not a criminal if acquitted at trial, or if their case is dismissed by the prosecution and not refiled in a timely manner. In American jurisprudence, we are all to be considered innocent until proven guilty. SB 108 strengthens this maxim of presumption of innocence by treating as confidential court records associated with dismissed and acquitted charges. MR. KOPP provided the following sectional analysis: Section 1  Amends AS 22.35 by adding a new section, AS 22.35.030. Records concerning criminal cases resulting in acquittal or dismissal confidential. This section establishes that a court record of a criminal case is confidential if 90 days have elapsed from the date of acquittal or dismissal and (1) the person was acquitted of all charges filed in the case; (2) all charges against the person have been dismissed; or (3) the person was acquitted of some of the charges in the case, and the remaining charges were dismissed. Section 2  Adds a new section to AS 22.35 which establishes the Applicability of the Act to criminal charges concluded on or after the effective date of the Act by dismissal or by acquittal of the defendant. Section 3  Act takes effect July 1, 2014. 1:41:43 PM SENATOR WIELECHOWSKI asked how this would work in the case of an appeal. MR. KOPP replied the case information would be on CourtView during the entire appeal process. SENATOR MCGUIRE summarized the case of Nancy Means. On Black Friday this 18-year-old young woman was out shopping with her friends who were age 17. When Ms. Means' car became disabled, she pulled to the side of the road to look for help. A police officer stopped and rather than giving assistance he proceeded to ask a series of questions. When the questions became invasive, Ms. Means asserted her constitutional rights and refused to answer any further questions. At that point, the officer administered a walking test and arrested her on suspicion of DUI. When Ms. Means was tested at the police station she blew a blood-alcohol-content of 0.00. Since this incident occurred, she's been fighting to get it expunged because the record says she was arrested on suspicion of DUI, regardless of the facts to the contrary. SENATOR MCGUIRE asked if the bill would apply to Ms. Means' case because it's not really an acquittal or a dismissal. MR. KOPP offered his belief that the bill would apply to Ms. Means because dismissals include those charges when the district attorney declines to issue an indictment. 1:45:08 PM SENATOR MCGUIRE said she'd like that on the record, because she wanted these kinds of cases covered. MR. KOPP reiterated his belief that the bill would apply in that sort of circumstance. CHAIR COGHILL said he'd like that question answered definitively when the bill was brought forward again. SENATOR DYSON expressed hope that if the Department of Law had any concerns with the bill that they'd agree to meet and discuss the matter before the next hearing. SENATOR WIELECHOWSKI said he'd heard from many constituents who have had this problem and he appreciated that the sponsor was addressing it. He expressed interest in having a discussion about both sides of this issue, because this was impacting a lot of Alaskans in an adverse way. 1:48:11 PM CHAIR COGHILL said the Court System and the Department of Law would be asked to speak to the bill in a subsequent hearing. He stated that he would hold SB 108 in committee for further consideration.