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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled SB 108                                                                                                         
01 Relating to the confidentiality of certain records of criminal cases; and providing for an                              
02 effective date.                                                                                                         
03                           _______________                                                                               
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       LEGISLATIVE INTENT. It is the intent of the legislature that, to the extent                                       
07 practicable, the Alaska Court System hold confidential records of criminal cases that were                              
08 disposed of before the effective date of this Act by acquittal of all charges, by dismissal of all                      
09 charges, or by acquittal of some charges and dismissal of the remaining charges, to the same                            
10 extent that records are held confidential under AS 22.35.030, enacted by sec. 2 of this Act.                          
11    * Sec. 2. AS 22.35 is amended by adding a new section to read:                                                     
12            Sec. 22.35.030. Records concerning criminal cases resulting in acquittal or                                
13       dismissal confidential. (a) A court record of a criminal case is confidential if 120                            
14       days have elapsed from the date of acquittal or dismissal and                                                     
15                 (1)  the defendant was acquitted of all charges filed in the case;                                      
01                 (2)  all criminal charges against the defendant in the case have been                                   
02       dismissed by the prosecuting authority and were not dismissed as part of a plea                                   
03       agreement in another criminal case under Rule 11, Alaska Rules of Criminal                                        
04       Procedure; or                                                                                                     
05                 (3)  the defendant was acquitted of some of the criminal charges in the                                 
06       case and the remaining charges were dismissed.                                                                    
07            (b)  Notwithstanding (a) of this section, the following persons may have access                              
08       to records made confidential under this section:                                                                  
09                 (1)  employees of the Department of Health and Social Services who                                      
10       are responsible for the health, safety, welfare, or placement of a child, a person with a                         
11       physical or intellectual disability, or a person with a mental illness;                                           
12                 (2)  the public guardian under AS 13.26.370 or a guardian ad litem                                      
13       supervised by the office of public advocacy;                                                                      
14                 (3)  a person who is authorized to have access to the criminal justice                                  
15       information network maintained by the Department of Public Safety under AS 12.62.                                 
16            (c)  The Department of Health and Social Services shall adopt regulations to                                 
17       administer (b)(1) of this section.                                                                                
18    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
19 read:                                                                                                                   
20       APPLICABILITY. AS 22.35.030, enacted by sec. 2 of this Act, applies to criminal                                   
21 charges concluded on or after the effective date of this Act by dismissal or by acquittal of the                        
22 defendant.                                                                                                              
23    * Sec. 4. This Act takes effect October 1, 2014.                                                                   
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