SB 8-ACCESS TO MARIJUANA CONVICTION RECORDS  2:35:01 PM CHAIR COGHILL reconvened the meeting and announced the consideration of 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." [The committee adopted Version S as the working document during the 3/16/20 hearing.] 2:35:11 PM MERCEDES COLBERT, Staff, Senator Tom Begich, Alaska State Legislature, Juneau, Alaska, introduced herself. 2:35:45 PM At-ease. 2:36:18 PM CHAIR COGHILL reconvened the meeting. 2:37:02 PM SENATOR MICCICHE moved to adopt Amendment 1, S.4. 31-LS0208\S.4 Radford 3/16/20 A M E N D M E N T 1 OFFERED IN THE SENATE BY SENATOR MICCICHE TO: CSSB 8(JUD), Draft Version "S" Page 3, line 8: Delete "a new section" Insert "new sections" Page 3, following line 8: Insert a new section to read: "Sec. 22.35.035. Records concerning minor  offenses. (a) The Alaska Court System may not publish on a publicly available website a court record of a minor offense case if (1) 10 years have elapsed since the final disposition of the case; and (2) the only charges filed in that case were minor offense charges. (b) This section does not apply to a case in which a criminal offense is charged along with a minor offense. (c) In this section, "minor offense" means (1) an offense classified by statute as an infraction or a violation; (2) an offense for which a bail forfeiture amount has been authorized by statute and established by supreme court order; (3) a municipal motor vehicle or traffic offense for which a fine amount has been established in a fine schedule adopted by municipal ordinance under AS 28.05.151; (4) an offense under a statute or municipal ordinance for which a conviction cannot result in incarceration or the loss of a valuable license and for which a fine schedule has been established under AS 29.25.070(a); (5) an offense under a statute or municipal ordinance for which a conviction cannot result in incarceration, a fine greater than $1,000, or the loss of a valuable license; (6) a violation of a fish and game regulation charged as a strict liability offense; or (7) a commercial fishing offense listed in AS 16.05.722 charged as a strict liability offense." CHAIR COGHILL objected for discussion purposes. SENATOR MICCICHE said this is a philosophical point for him. The bill would restrict the release of certain records of convictions for the simple possession of marijuana when no other crime was committed. However, there was no way to legally obtain marijuana, which means the person had to break two laws: purchasing the marijuana from a drug dealer or friend and using the substance. He said that he understands the purpose of the bill and thinks he can support it. However, it seems ironic that the convictions will be removed from CourtView because the person broke at least one law to acquire the marijuana and simple violations remain on CourtView forever. He related his understanding that the sponsor does not object to Amendment 1, which if 10 years have elapsed since the final disposition, [the Alaska Court System] may not publish on CourtView the minor offense as listed in subsection (c)], which he summarized. He related his understanding that a person could still obtain the information from the Department of Public Safety (DPS) but it would not be listed on CourtView. 2:40:17 PM MS. COLBERT stated that Senator Begich was neutral on Amendment 1 and asked the record to reflect that he had some minor offenses that were at least 10 years old that would be subject to Amendment 1. She said Senator Begich did due diligence by checking with Legislative Legal Services and the Select Committee on Legislative Ethics to ensure that no issue arose. Ultimately, because so many Alaskans would benefit, he would not benefit any more than anyone else. 2:41:05 PM SENATOR MICCICHE asked the record to reflect that he also had minor offenses that were more than ten years old. CHAIR COGHILL remarked that some people, including himself, did not get caught committing minor offenses. SENATOR KIEHL agreed. 2:41:34 PM SENATOR HUGHES said she might have a speeding ticket that would be removed if SB 8 passes. She asked how labor intensive this would be for the court system and if it would trigger a fiscal note. She asked if the term "valuable license" was defined in statute. 2:42:35 PM CHAIR COGHILL deferred to Senator Micciche and Nancy Meade with the Alaska Court System to respond. SENATOR MICCICHE said he asked the questions because he would not have supported the bill if it was burdensome. He deferred to Nancy Meade to further respond. 2:43:15 PM NANCY MEADE, General Counsel, Administrative Offices, Alaska Court System, Anchorage, Alaska, confirmed that the Alaska Court System can remove those 10-year-old minor offenses without a fiscal impact. She estimated that it would take 20 hours to write the program and do a daily run. The court system can do this with existing resources. The bill has an extended effective date so it would not result in any impact. She advised that the language on page 1, line 14 of Amendment 1, subsection (c), defines "minor offense." This language mirrors the Alaska Court System's definition of minor offense, which is found at the beginning of the court system's rules of minor offense procedures. Under the bill, the statute and rule would be the same so there should not be any confusion. 2:45:06 PM SENATOR MICCICHE related his understanding that a "valuable license" would be if a person lost a license. MS. MEADE referred to lines 21-23 [paragraph (4)]. She said the offense cannot result in the loss of a license, because a conviction that results in the loss of a license escalates to something more than a minor offense. This provision ensures that only the offenses not subject to harsh punishment, such as taking away a person's license, are minor offenses. 2:46:13 PM SENATOR HUGHES observed that there were different types of licenses and asked how the term "valuable" was defined and who would make the determination. MS. MEADE said she didn't know which particular licenses were described as valuable, but she recalled that it included a professional license. For example, if a conviction caused a person to lose his or her medical license, the status of the offense would elevate to more criminal than minor. She said valuable license is not defined, but the language is taken from a court decision related to minor consuming. The court determined that when a minor lost his or her driver's license, it was the loss of a valuable license. Therefore, minor consuming alcohol could not be considered a minor offense. She pointed out that has subsequently been changed since minor consuming currently is a violation and the individual does not lose his or her driver's license. She explained that once an individual can lose his or her license, the person has more at stake, so the court does not consider it to be a minor offense. 2:48:12 PM SENATOR REINBOLD said she did not support the bill or Amendment 1. MS. MEADE said the Alaska Court System was neutral on the bill. 2:48:54 PM CHAIR COGHILL removed his objection. SENATOR REINBOLD objected. 2:49:19 PM A roll call vote was taken. Senators Kiehl, Hughes, Micciche, and Coghill voted in favor of Amendment 1 and Senator Reinbold voted against it. Therefore, Amendment 1 was adopted by a 4:1 vote. 2:50:15 PM SENATOR HUGHES moved to adopt Amendment 2, S.5. 31-LS0208\S.5 Radford 3/20/20 A M E N D M E N T 2 OFFERED IN THE SENATE BY SENATOR HUGHES TO: CSSB 8(JUD), Draft Version "S" Page 1, line 9: Delete "certain types of criminal history background checks" Insert "publication on a publicly available Internet website" Page 1, line 12, through page 3, line 7: Delete all material. Renumber the following bill sections accordingly. Page 3, line 10, following "possession.": Insert "(a)" Page 3, following line 17: Insert a new subsection to read: "(b) The Alaska Court System shall (1) issue a notice on its publicly available Internet website that court records under (a) of this section have been removed from the publicly available Internet website; and (2) provide information on how to obtain a criminal history record that includes the information removed under (a) of this section." CHAIR COGHILL objected for discussion purposes. SENATOR HUGHES explained that Amendment 2 maintains the focus on removal of the records from CourtView but would not keep the Department of Public Safety from releasing the record. It also directs the court system to add a notice on its homepage that certain conviction records may have been removed. A link would inform the party how to obtain a full record from the department. She said she had compassion for people who were trying to find work and had taken ownership of their mistakes. She also believes that the legislature should do what it can to ensure that prior offenders remain ex-offenders and not repeat offenders. However, as Senator Micciche pointed out, possession of marijuana was illegal when the person was initially charged and convicted and for the state to disregard that someone broke the law makes it an accomplice in a lie of omission. She elaborated that purchasing marijuana would have been an illegal black market purchase unless the person grew his or her own marijuana. SENATOR HUGHES said she was not endorsing or opposing the voter initiative with Amendment 2, but rather asking if the state should participate in hiding the person's crime. It would set bad precedent, she said. Potential employers need to know that their applicants have the highest regard for the law. She speculated on who might want to know about the conviction and offered her view that Amendment 2 was a fair compromise. It allows the record to be removed from CourtView, but it informs the public that some records may have been removed and provides instructions on how to obtain a full record. She maintained that it would still assist the bill sponsor with his efforts to help Alaskans who have a history of past marijuana possession to find meaningful employment. She offered her view that Amendment 2 did not hurt the spirit or goal of SB 8. 2:54:53 PM CHAIR COGHILL maintained his objection and asked the bill sponsor to speak to Amendment 2. 2:55:03 PM SENATOR BEGICH stated that Amendment 2 effectively renders the bill meaningless. He disagreed that it was a compromise. He explained the intent of SB 8 is consistent with actions being taken throughout the nation. For example, Chicago has taken similar actions that potentially affect millions of people. He acknowledged that possession or use of marijuana used to be a crime, but it is not a crime today. He pointed out that in Virginia it was a crime just a few decades ago to marry someone not of the same race. A person could not vote under the age of 21 until the U.S. Constitution was changed to allow it. He said society is changing and evolving. He said that he defers to the will of the committee but appreciated the opportunity to comment on Amendment 2. 2:57:51 PM SENATOR HUGHES respectfully disagreed with the bill sponsor that Amendment 2 would harm the bill. She offered her view that it would still help achieve the goal of the bill. She thought it would be rare that someone would take the extra steps to go to the Department of Public Safety to obtain additional information on any minor offenses. Even if someone did and saw that the person had been convicted of possession of marijuana, everyone knows that it is legal now. She offered her view that removing it from CourtView signals that it is no longer a law. She offered her view that a small number of people will be impacted by this and they would still be able to obtain jobs. 2:59:20 PM SENATOR REINBOLD stated support for Amendment 2 and remarked that she did not agree with the comparisons the bill sponsor made since not everyone agrees that legalization of the possession of marijuana is a positive or beneficial change. 3:00:21 PM SENATOR MICCICHE said he had additional comments but the committee time was over. CHAIR COGHILL held SB 8 in committee with Amendment 2 pending.