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SENATE BILL NO. 100
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY SENATORS TOBIN, Gray-Jackson
Introduced: 3/10/23
Referred: Judiciary, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act restricting the release of certain records of convictions; and providing for an
2 effective date."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. AS 12.62.160(b) is amended to read:
5 (b) Subject to the requirements of this section, and except as otherwise limited
6 or prohibited by other provision of law or court rule, criminal justice information
7 (1) may be provided to a person when, and only to the extent,
8 necessary to avoid imminent danger to life or extensive damage to property;
9 (2) may be provided to a person to the extent required by applicable
10 court rules or under an order of a court of this state, another state, or the United States;
11 (3) may be provided to a person if the information is commonly or
12 traditionally provided by criminal justice agencies in order to identify, locate, or
13 apprehend fugitives or wanted persons or to recover stolen property, or for public
14 reporting of recent arrests, charges, and other criminal justice activity;
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1 (4) may be provided to a criminal justice agency for a criminal justice
2 activity;
3 (5) may be provided to a government agency when necessary for
4 enforcement of or for a purpose specifically authorized by state or federal law;
5 (6) may be provided to a person specifically authorized by a state or
6 federal law to receive that information;
7 (7) in aggregate form may be released to a qualified person, as
8 determined by the agency, for criminal justice research, subject to written conditions
9 that assure the security of the information and the privacy of individuals to whom the
10 information relates;
11 (8) may be provided to a person for any purpose, except that
12 information may not be released if the information is nonconviction information, [OR]
13 correctional treatment information, or criminal justice information as described in
14 (f) of this section;
15 (9) including information relating to a serious offense, may be
16 provided to an interested person if the information is requested for the purpose of
17 determining whether to grant a person supervisory or disciplinary power over a minor
18 or dependent adult; and
19 (10) may be provided to the person who is the subject of the
20 information.
21 * Sec. 2. AS 12.62.160 is amended by adding a new subsection to read:
22 (f) An agency may not release criminal justice information of a criminal case
23 in which the defendant
24 (1) was convicted under AS 11.71.060, or a municipal ordinance with
25 similar elements, for possession of less than one ounce of a schedule VIA controlled
26 substance;
27 (2) was 21 years of age or older at the time of commission of the
28 offense;
29 (3) was not convicted of any other criminal charges in that case; and
30 (4) requests that the agency not release the records.
31 * Sec. 3. AS 22.35 is amended by adding a new section to read:
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1 Sec. 22.35.040. Records concerning criminal cases for marijuana
2 possession. (a) The Alaska Court System may not publish on a publicly available
3 Internet website the court records of a criminal case in which the defendant
4 (1) was convicted under AS 11.71.060, or a municipal ordinance with
5 similar elements, for possession of less than one ounce of a schedule VIA controlled
6 substance;
7 (2) was 21 years of age or older at the time of commission of the
8 offense; and
9 (3) was not convicted of any other criminal charges in that case.
10 (b) The Alaska Court System shall post a general notice on its publicly
11 available Internet website that
12 (1) court records under (a) of this section have been removed from the
13 publicly available Internet website; and
14 (2) provides information on how to obtain a criminal history record
15 that includes the information removed under (a) of this section.
16 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to
17 read:
18 PRIOR COURT RECORDS. The Alaska Court System shall, to the extent practicable,
19 remove court records existing before the effective date of this Act that meet the requirements
20 of AS 22.35.040(a), enacted by sec. 3 of this Act, from the court system's publicly available
21 Internet website.
22 * Sec. 5. This Act takes effect January 1, 2024.
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Statutes affected: SB0100A, AM SB 100, introduced 03/10/2023: 12.62.160, 11.71.060