1 | 1 | | |
---|
2 | 2 | | HB0081a -1- HB 81 |
---|
3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
---|
4 | 4 | | |
---|
5 | 5 | | 34-LS0474\N |
---|
6 | 6 | | |
---|
7 | 7 | | |
---|
8 | 8 | | |
---|
9 | 9 | | |
---|
10 | 10 | | |
---|
11 | 11 | | HOUSE BILL NO. 81 |
---|
12 | 12 | | |
---|
13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
---|
14 | 14 | | |
---|
15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
---|
16 | 16 | | |
---|
17 | 17 | | BY REPRESENTATIVES NELSON, Gray |
---|
18 | 18 | | |
---|
19 | 19 | | Introduced: 2/3/25 |
---|
20 | 20 | | Referred: State Affairs, Judiciary |
---|
21 | 21 | | |
---|
22 | 22 | | |
---|
23 | 23 | | A BILL |
---|
24 | 24 | | |
---|
25 | 25 | | FOR AN ACT ENTITLED |
---|
26 | 26 | | |
---|
27 | 27 | | "An Act restricting the release of certain records of convictions; and providing for an 1 |
---|
28 | 28 | | effective date." 2 |
---|
29 | 29 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 |
---|
30 | 30 | | * Section 1. AS 12.62.160(b) is amended to read: 4 |
---|
31 | 31 | | (b) Subject to the requirements of this section, and except as otherwise limited 5 |
---|
32 | 32 | | or prohibited by other provision of law or court rule, criminal justice information 6 |
---|
33 | 33 | | (1) may be provided to a person when, and only to the extent, 7 |
---|
34 | 34 | | necessary to avoid imminent danger to life or extensive damage to property; 8 |
---|
35 | 35 | | (2) may be provided to a person to the extent required by applicable 9 |
---|
36 | 36 | | court rules or under an order of a court of this state, another state, or the United States; 10 |
---|
37 | 37 | | (3) may be provided to a person if the information is commonly or 11 |
---|
38 | 38 | | traditionally provided by criminal justice agencies in order to identify, locate, or 12 |
---|
39 | 39 | | apprehend fugitives or wanted persons or to recover stolen property, or for public 13 |
---|
40 | 40 | | reporting of recent arrests, charges, and other criminal justice activity; 14 34-LS0474\N |
---|
41 | 41 | | HB 81 -2- HB0081a |
---|
42 | 42 | | New Text Underlined [DELETED TEXT BRACKETED] |
---|
43 | 43 | | |
---|
44 | 44 | | (4) may be provided to a criminal justice agency for a criminal justice 1 |
---|
45 | 45 | | activity; 2 |
---|
46 | 46 | | (5) may be provided to a government agency when necessary for 3 |
---|
47 | 47 | | enforcement of or for a purpose specifically authorized by state or federal law; 4 |
---|
48 | 48 | | (6) may be provided to a person specifically authorized by a state or 5 |
---|
49 | 49 | | federal law to receive that information; 6 |
---|
50 | 50 | | (7) in aggregate form may be released to a qualified person, as 7 |
---|
51 | 51 | | determined by the agency, for criminal justice research, subject to written conditions 8 |
---|
52 | 52 | | that assure the security of the information and the privacy of individuals to whom the 9 |
---|
53 | 53 | | information relates; 10 |
---|
54 | 54 | | (8) may be provided to a person for any purpose, except that 11 |
---|
55 | 55 | | information may not be released if the information is nonconviction information, [OR] 12 |
---|
56 | 56 | | correctional treatment information, or criminal justice information as described in 13 |
---|
57 | 57 | | (f) of this section; 14 |
---|
58 | 58 | | (9) including information relating to a serious offense, may be 15 |
---|
59 | 59 | | provided to an interested person if the information is requested for the purpose of 16 |
---|
60 | 60 | | determining whether to grant a person supervisory or disciplinary power over a minor 17 |
---|
61 | 61 | | or dependent adult; and 18 |
---|
62 | 62 | | (10) may be provided to the person who is the subject of the 19 |
---|
63 | 63 | | information. 20 |
---|
64 | 64 | | * Sec. 2. AS 12.62.160 is amended by adding a new subsection to read: 21 |
---|
65 | 65 | | (f) An agency may not release criminal justice information of a criminal case 22 |
---|
66 | 66 | | in which the defendant 23 |
---|
67 | 67 | | (1) was convicted under AS 11.71.060, or a municipal ordinance with 24 |
---|
68 | 68 | | similar elements, for possession of less than one ounce of a schedule VIA controlled 25 |
---|
69 | 69 | | substance; 26 |
---|
70 | 70 | | (2) was 21 years of age or older at the time of commission of the 27 |
---|
71 | 71 | | offense; 28 |
---|
72 | 72 | | (3) was not convicted of any other criminal charges in that case; and 29 |
---|
73 | 73 | | (4) requests that the agency not release the records. 30 |
---|
74 | 74 | | * Sec. 3. AS 12.62.160(f)(4) is repealed January 1, 2028. 31 34-LS0474\N |
---|
75 | 75 | | HB0081a -3- HB 81 |
---|
76 | 76 | | New Text Underlined [DELETED TEXT BRACKETED] |
---|
77 | 77 | | |
---|
78 | 78 | | * Sec. 4. This Act takes effect January 1, 2026. 1 |
---|