SB 8-ACCESS TO MARIJUANA CONVICTION RECORDS  1:33:59 PM CHAIR COGHILL announced that the first order of business would be SENATE BILL NO. 8, "An Act restricting the release of certain records of convictions; amending Rule 37.6, Alaska Rules of Administration; and providing for an effective date." CHAIR COGHILL said the bill had a hearing last session and public testimony was heard and at that time, but he intended to reopen it to allow several people to testify. He asked the sponsor to present the bill. 1:34:59 PM SENATOR TOM BEGICH, Alaska State Legislature, Juneau, Alaska, sponsor of SB 8, introduced himself and his staff. SENATOR BEGICH read the sponsor statement for SB 8: Senate Bill 8 would make confidential the records of individuals who have been convicted of minor marijuana crimes, and no other crime. The records would automatically be removed from CourtView. The records would also be removed from some background checks administered by the Department of Public Safety, if requested by the individual. In 2014, Alaskans voted to legalize the cultivation, sale, and possession of marijuana for those 21 years old or older. Despite this change in the law, some Alaskans remain blocked from employment and housing by previous marijuana possession convictions that would no longer be a crime today. According to a report prepared by Legislative Research, there were more than 700 Alaskans convicted of low level marijuana crimes between 2007 and 2017. Those convictions can make obtaining housing and gainful employment challenging. Now that voters have legalized marijuana, this legislation would allow those previously convicted to move on with their lives, while ensuring those in the criminal justice field still have access to needed background information. SB 8 would make confidential. Records removed from CourtView and some records. SENATOR BEGICH said the concept of SB 8 first emerged when he was in a meeting discussing crime. The director of the Mountain View Library pointed out that a number of people used the library computers to apply for jobs but were unable to submit applications because of the restrictions of the prior marijuana conviction, even if the person had no record and no other crime had been committed. A member of the Russian Jack Community Council also indicated that he experienced difficulty obtaining housing. Since last year's hearing, a number of states that have decriminalized or legalized marijuana have taken action to do something similar to SB 8 or have removed the conviction altogether. This bill just asks that the conviction be shielded from CourtView, he said. 1:39:01 PM ALEX JORGENSEN, Intern, Senator Tom Begich, Alaska State Legislature, Juneau, Alaska, reviewed the sectional analysis for SB 8. He read: Section 1 Describes the legislative intent to reduce barriers to re-entry for those convicted of low-level marijuana possession, which would no longer be considered crimes today 1:39:56 PM Section 2: Prohibits the Department of Public Safety, and any designated reporting agency, from disclosing any criminal records associated with possession of less than one ounce of a schedule VIA controlled substance conviction, covering both State Statute and municipal ordinance, if requested. These cases will be protected from disclosure only if marijuana possession is the only crime for which the person was convicted in a particular criminal case. A schedule VIA controlled substance considered to have the lowest degree of danger to users. Marijuana is the only VIA drug. Section 3: Limit access to Alaska Court System's records of criminal cases involving convictions for possession of less than one ounce of marijuana on Court View. Section 4: Indirectly amends Alaska Court System Rules of Administration by limiting access to certain criminal records. He added that this pertains specifically to Rule 37.6. Section 5: Because Section 4 indirectly amends a court rule, this legislation will require a two-thirds vote as described by the Alaska Constitution. Section 6: Provides 120 days for this legislation to take effect after bill signing, giving the Courts, as well as affected agencies, time to change their reporting protocols. MR. JORGENSEN said this would allow the court time to implement these changes and come up with a procedure for individuals requesting those records be hidden. 1:41:35 PM SENATOR BEGICH asked his staff to review the changes recommended by the Department of Public Safety and the Alaska Court System. He pointed out that the court system indicated that Sections 4 and 5 were unnecessary, so those sections will be removed in any proposed committee substitute or amendment. 1:42:25 PM MR. JORGENSEN reviewed the explanation of changes for SB 8 from Version A to the proposed committee substitute for SB 8, version S [not yet before the committee]. The bill title was modified on page 1, lines 1-2: • Page 1, lines 1-2: Removes reference to Rule 37.6 Alaska Rules of Administration in the title. This is to conform with the removal of section 4 in Version A, the Indirect Court Rule change. â?¢ Page 1, line 9: Before “criminal history background”: delete the word “a” and insert “certain types of” MR. JORGENSEN explained that the background checks will not be included for medical practices but will be required when the Department of Public Safety (DPS) determines that it is necessary that the records be accurately reflected. MR. JORGENSEN continued to explain the changes: â?¢ Page 1, lines 9-10: Delete “make it more likely” and insert “increase the likelihood” â?¢ Page 1, line 10: Delete “only” and insert “those” • Page 1, line 11: Amends AS 12.62.160(b)(8) (Release and use of criminal justice information). The new Section 2 of the bill is conforming language to include changes made to new background check policy changed by SB 8. â?¢ Page 1, line 12: Delete “Notwithstanding (b)(8) of this section, an agency may not release records of a criminal case” and insert “An agency may not release criminal history record information” â?¢ Page 2, line 3: Insert new subclause that reads “(2) was 21 years of age or older at the time of commission of the offence;” and renumber subclauses accordingly â?¢ Page 2, line 3: Add the word “criminal” before the word “charges” MR. JORGENSEN said this language will help to ensure that records will be released if no other criminal charges are involved. 1:44:21 PM MR. JORGENSEN continued the sectional analysis: • Page 2, lines 6-12: Delete all material and insert: Sec. 22.35.040. Records concerning criminal cases for marijuana possession. The Alaska Court System may not publish on a publicly available Internet website the court records of a criminal case in which the defendant (1) was convicted 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; (2) was 21 years of age or older at the time of commission of the offense; and (3) was not convicted of any other criminal charges in that case. MR. JORGENSEN explained that the inserted language was from House Bill 316 introduced during the 30th legislature. 1:44:41 PM SENATOR BEGICH added that the Alaska Court System (ACS) recommended the language changes to Sec. 22.35.040. It conforms to a prior law considered by this legislature and the last legislature. The original bill contained language that had the same intent, but was not consistent with current law. He deferred to the ACS to provide more detail. MR. JORGENSEN continued to read from the document of explanation of changes for SB 8, version A to Version S: AS 22.35.040 Records concerning criminal cases for marijuana possession. The Alaska Court system may not publish on a publicly available website the court records of a defendant who (1) was convicted 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. (2) was 21 years of age or older at the time of the commission of the offense. MR. JORGENSEN said this would ensure that the convictions for conduct that is now legal get expunged. However, the records for an individual who is 18 years of age would not be concealed because it is illegal for a minor to possess marijuana less than one ounce. He reiterated that this provision would conceal records for charges that are no longer considered criminal. CHAIR COGHILL asked if there were any additional proposed changes. SENATOR BEGICH referred to [page 2] line 12. The proposed change would add "criminal" before "charges" and renumber the paragraph to paragraph (3). • Page 2, line 13-23: Delete all material He added that Sections 4 and 5 [page 2, lines 13-23] would be deleted. • Page 2, line 24: Change effective date to January 1, 2021 SENATOR BEGICH said Section 6, [page 2, line 24] would change the effective date. He read, "This Act takes effect on January 1, 2021. 1:47:20 PM CHAIR COGHILL said his intention was to incorporate these changes into a committee substitute and hear from the Department of Law and the Department of Corrections (DOC) at that time. 1:47:46 PM SENATOR HUGHES asked if removing Sections 4 and 5 and changing the effective date would result in a simple majority vote rather than a two-thirds vote. SENATOR BEGICH answered that he thought that was correct. 1:50:09 PM CHAIR COGHILL offered that under the bill the conviction for schedule VIA controlled substances would be on file, but would not appear in CourtView. CHAIR COGHILL stated that he would hold SB 8 in committee.