SB 108-LIMIT PUBLIC ACCESS TO CRIMINAL RECORDS  1:43:14 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." He asked for a motion to adopt the new committee substitute (CS), Version Y. SENATOR DYSON moved to adopt the CS for SB 108, labeled LS- 280973\Y, as the working document. CHAIR COGHILL objected for an explanation of the differences. 1:43:53 PM CHUCK KOPP, Staff, Senator Fred Dyson, sponsor of SB 108, described the five pertinent changes found in Version Y. The first change found on page 1, lines 6-10, introduces a legislative intent section. It asks the court, to the extent practical, to treat as confidential the records of criminal cases disposed of before the effective date of the Act by acquittal or dismissal of some or all of the charges to the same extent that the records are held confidential by this bill. 1:44:51 PM At ease to distribute copies of the CS. 1:45:28 PM CHAIR COGHILL reconvened the meeting and asked Mr. Kopp to continue. MR. KOPP explained that the second change is found on page 1, line 13. It changes the time limit from 90 days to 120 days for a court record to become confidential following the date of acquittal or dismissal. This was done at the request of the Department of Law and is consistent with the court rule deadline of 120 days for those petitions. The third change is found on page 2, line 3. It adds language that limits the application of confidential status to dismissals by the prosecuting attorney. This was at the request of the Department of Law and will cover the majority of dismissals. The fourth change is found on page 2, lines 6-16. At the request of DHSS, DOL and OPA, language was added to allow state agency child protection workers, employees that protect other vulnerable citizens, and Alaska Public Safety Information Network (APSIN) users to have access to information made confidential. He noted that the courts have advised that the legislature may make such an exception in statute. The fifth and final change is found on page 2, line 22. The effective date of the Act is changed from July 1, 2014 to October 1, 2014. This gives the courts more time to implement the changes. 1:47:15 PM SENATOR WIELECHOWSKI questioned limiting the confidential designation of cases to the prosecuting authority because it means a dismissal by a judge wouldn't be considered confidential. MR. KOPP said the sponsor agreed to that inconsistency to move the bill along. SENATOR WIELECHOWSKI asked if the Department of Law could explain the rationale for the distinction, because a case is dismissed if a judge dismisses it. The question is on the record and he would suggest addressing it in the next committee. CHAIR COGHILL posited it would be discussed before the bill reaches the floor. MR. KOPP added that Senator Wielechowski's point is well taken, but this will cover the majority of dismissals. 1:49:19 PM KATHY HANSEN, Office of Victims' Rights (OVR), said she reviewed the new committee substitute and submitted written testimony that was added to BASIS. The primary concern is that at trials there is a difference between not being convinced that a case has been proved beyond a reasonable doubt and innocence. When a victim of domestic violence, sexual violence, or child sexual abuse speaks up and has the courage to testify and go through an entire trial, it's a disservice to the victim and the public for that record to disappear in the case of an acquittal. CHAIR COGHILL said the general principle he follows is that a person is innocent until proven guilty. MR. KOPP said OVR plays a valuable advocacy role and the legislature's role is more balancing: protections of the accused and the interest of justice and public safety. The sponsor has worked hard with a variety of agencies and is satisfied that the bill wisely balances the protections of the public and the need to protect people's privacy and liberty interests, he said. 1:53:46 PM CHAIR COGHILL removed his objection. Finding no further objection, Version Y was adopted. 1:54:02 PM SENATOR DYSON moved to report CS for SB 108 from committee with individual recommendations and attached fiscal note(s). CHAIR COGHILL announced that without objection CSSB 108(JUD) moved from the Senate Judiciary Standing Committee.