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SENATE BILL NO. 12
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY SENATOR KIEHL
Introduced: 1/9/23
Referred: Prefiled
A BILL
FOR AN ACT ENTITLED
"An Act relating to confidentiality of information; relating to the duties of the 1
Department of Administration; creating an address confidentiality program; and 2
providing for an effective date." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 12.61.100 is amended to read: 5
Sec. 12.61.100. Declaration of purpose. The purpose of AS 12.61.100 - 6
12.61.150 is to protect victims of and witnesses to crime, and peace officers and
7
correctional officers enrolled in the address confidentiality program under 8
AS 44.21.022, from risk of harassment, intimidation, and unwarranted invasion of 9
privacy by prohibiting the unnecessary disclosure of their addresses and telephone 10
numbers. 11
* Sec. 2. AS 12.61.110 is amended to read: 12
Sec. 12.61.110. Confidentiality of victim, [AND] witness, peace officer, and 13
correctional officer addresses and telephone numbers. The residence and business 14 33-LS0162\B
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addresses and telephone numbers of a victim of a crime or witness to a crime and the 1
residence address and telephone number of a peace officer or correctional officer 2
enrolled in the address confidentiality program under AS 44.21.022 are 3
confidential. A report, paper, picture, photograph, court file, or other document that 4
relates to a crime and contains the residence or business address or telephone number 5
of a victim or witness, or that contains the residence address or telephone number 6
of a peace officer or correctional officer enrolled in the address confidentiality 7
program, and that is in the custody or possession of a public officer or employee, may 8
not be made available for public inspection unless the residence and business 9
addresses and telephone numbers of all victims, [AND] witnesses, peace officers, and 10
correctional officers have been deleted. 11
* Sec. 3. AS 12.61.130 is amended to read: 12
Sec. 12.61.130. Disclosure during court proceedings. (a) During a trial or 13
hearing related to a criminal prosecution, the residence and business addresses and 14
telephone numbers of a victim of or witness to the charged offense and the residence 15
address and telephone number of a peace officer or correctional officer enrolled 16
in the address confidentiality program under AS 44.21.022 may not be disclosed in 17
open court, and a victim, a [OR] witness, or a peace officer or correctional officer 18
enrolled in the address confidentiality program may not be required to provide the 19
addresses or telephone numbers in response to questioning, unless the court 20
determines that the information is necessary and relevant to the facts of the case. The 21
burden to establish the need and relevance for disclosure is on the party seeking 22
disclosure. Before ordering disclosure, the court shall take appropriate measures to 23
minimize the risk of personal harm to the victim, [OR] witness, peace officer, or 24
correctional officer that would result from the disclosure. 25
(b) The residence address or telephone number of a victim of or witness to a 26
charged offense, or a peace officer or correctional officer enrolled in the address 27
confidentiality program, may not be placed in the court file or court documents 28
relating to that offense except when 29
(1) the address is used to identify the place of the crime; or 30
(2) the address or telephone number is contained in a transcript of a 31 33-LS0162\B
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court proceeding and disclosure of the address or telephone number was ordered under 1
(a) of this section. 2
* Sec. 4. AS 12.61.900 is amended by adding a new paragraph to read: 3
(5) "correctional officer" means a person 4
(A) appointed by the commissioner of corrections whose 5
primary duty under AS 33.30 is to provide custody, care, security, control, and 6
discipline of persons charged or convicted of offenses against the state or held 7
under authority of state law; 8
(B) employed in a correctional facility in this state whose 9
primary duty is to provide custody, care, security, control, and discipline of 10
persons charged or convicted of offenses or held under authority of law; or 11
(C) employed full time in a municipal correctional facility 12
whose primary duty is to provide custody, care, security, control, and 13
discipline of persons charged or convicted of offenses or held under authority 14
of law, and the correctional facility is located in a municipality that has 15
adopted AS 18.65.130 - 18.65.290 by ordinance under AS 18.65.285. 16
* Sec. 5. AS 44.21.020 is amended to read: 17
Sec. 44.21.020. Duties of department. The Department of Administration 18
shall 19
(1) make surveys and studies to improve administrative procedures, 20
methods, and organization; 21
(2) keep general accounts; 22
(3) approve vouchers and disburse funds for all purposes; 23
(4) operate centralized purchasing and supply services, and necessary 24
storerooms and warehouses; 25
(5) [REPEALED 26
(6)] supervise telephone, mailing, messenger, duplicating, and similar 27
services adaptable to centralized management; 28
(6) [(7)] administer the public employees' retirement system and 29
teachers' retirement system; 30
(7) [(8)] administer a statewide personnel program, including central 31 33-LS0162\B
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personnel services such as recruitment, assessment, position classification, and pay 1
administration; 2
(8) [(9)] administer and supervise a statewide automatic data 3
processing program; 4
(9) [(10)] study, design, imp lement, and manage the 5
telecommunications systems and services of the state under AS 44.21.305 - 44.21.330; 6
(10) establish and administer the address confidentiality program 7
under AS 44.21.022. 8
* Sec. 6. AS 44.21 is amended by adding a new section to read: 9
Sec. 44.21.022. Address confidentiality program. (a) The address 10
confidentiality program is established in the department to protect the confidentiality 11
of the address of an individual enrolled in the program. 12
(b) The department shall 13
(1) establish and administer the program; 14
(2) designate a post office box as a substitute mailing address for an 15
individual enrolled in the program; 16
(3) forward the mail of an individual enrolled in the program from the 17
post office box designated under (2) of this subsection to the individual's residential 18
street address, post office box, school address, or work address as specified on the 19
individual's application for enrollment in the program; 20
(4) maintain the confidentiality of the address of an individual enrolled 21
in the program; and 22
(5) adopt regulations establishing a procedure for a qualified individual 23
under (c) of this section to enroll in or withdraw from the program. 24
(c) The following individuals may enroll in the program: 25
(1) a victim of a crime involving domestic violence, stalking, or sexual 26
assault, if a court has issued a protective order on behalf of the victim; 27
(2) a guardian of a minor, if a court has issued a protective order on 28
behalf of the minor; 29
(3) a protected person, if a court has issued a protective order for that 30
person under AS 13.26.450 - 13.26.460; 31 33-LS0162\B
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(4) a peace officer; 1
(5) a correctional officer; and 2
(6) a household member of an individual specified under (1) - (5) of 3
this subsection who is enrolled in the program. 4
(d) A state or municipal agency shall allow an individual enrolled in the 5
program to use the post office box designated by the department under (b)(2) of this 6
section as the individual's mailing address. 7
(e) The department shall remove an individual enrolled in the program under 8
(c)(1), (2), or (3) of this section, or under (c)(6) of this section if the individual is a 9
household member of a person enrolled in the program under (c)(1), (2), or (3) of this 10
section, from the program five years after the expiration of the protective order issued 11
on behalf of the victim or minor. The department shall remove an individual enrolled 12
in the program under (c)(4) or (5) of this section, or under (c)(6) of this section if the 13
individual is a household member of a person enrolled in the program under (c)(4) or 14
(5) of this section, from the program five years after the last day the individual or 15
individual's household member is employed as a peace officer or correctional officer. 16
(f) The department may not collect a registration fee from an individual 17
qualified under (c) of this section to enroll in the program. 18
(g) The department shall disclose an individual's address to a peace officer in 19
response to a search warrant issued by a state or federal court. 20
(h) A person who discloses information that is confidential under this section 21
about an individual enrolled in the program under (c) of this section is guilty of a class 22
B misdemeanor if the person 23
(1) is authorized to access the address confidentiality program database 24
and recklessly discloses the information to the respondent of a protective order; 25
(2) is not authorized to access the address confidentiality program 26
database and knowingly discloses the information to the respondent of a protective 27
order; or 28
(3) accesses the address confidentiality program database without 29
authorization to access the database and recklessly discloses the information. 30
(i) In this section, 31 33-LS0162\B
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(1) "correctional officer" means a person 1
(A) appointed by the commissioner of corrections whose 2
primary duty under AS 33.30 is to provide custody, care, security, control, and 3
discipline of persons charged or convicted of offenses against the state or held 4
under authority of state law; 5
(B) employed in a correctional facility in this state whose 6
primary duty is to provide custody, care, security, control, and discipline of 7
persons charged or convicted of offenses or held under authority of law; or 8
(C) employed full time in a municipal correctional facility 9
whose primary duty is to provide custody, care, security, control, and 10
discipline of persons charged or convicted of offenses or held under authority 11
of law, and the correctional facility is located in a municipality that has 12
adopted AS 18.65.130 - 18.65.290 by ordinance under AS 18.65.285; 13
(2) "crime involving domestic violence" has the meaning given in 14
AS 18.66.990; 15
(3) "department" means the Department of Administration; 16
(4) "household member" means an adult or minor who lives in the 17
same residence as another individual; 18
(5) "peace officer" has the meaning given in AS 01.10.060; 19
(6) "program" means the address confidentiality program. 20
* Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 21
read: 22
TRANSITION: REGULATIONS. The Department of Administration may adopt 23
regulations necessary to implement AS 44.21.022, enacted by sec. 6 of this Act. The 24
regulations take effect under AS 44.62 (Administrative Procedure Act) but not before the 25
effective date of the law being implemented by the regulation. 26
* Sec. 8. Section 7 of this Act takes effect immediately under AS 01.10.070(c). 27
* Sec. 9. Except as provided in sec. 8 of this Act, this Act takes effect January 1, 2024. 28