Alaska SB 238: An Act relating to involuntary commitment procedures; relating to protective custody at a correctional facility or jail; relating to transportation of individuals held for involuntary admission for mental health treatment; and providing for an effective date.

Bill Text

SB0238B -1- CSSB 238(EDC)
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CS FOR SENATE BILL NO. 238(EDC)

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY THE SENATE EDUCATION COMMITTEE

Offered: 3/25/26
Referred: Judiciary

Sponsor(s): SENATOR KAWASAKI
A BILL

FOR AN ACT ENTITLED

"An Act relating to access to library material; and relating to affirmative defenses to the 1
offenses of enticement of a minor, contributing to the delinquency of a minor, and 2
distribution of indecent material to minors." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 11.41.452 is amended by adding a new subsection to read: 5
(f) It is an affirmative defense to a prosecution under this section that, at the 6
time of the offense, the defendant was acting in the course of employment as an 7
employee or official of a school, museum, or public library. 8
* Sec. 2. AS 11.51.130 is amended by adding a new subsection to read: 9
(c) It is an affirmative defense to a prosecution under this section that, at the 10
time of the offense, the defendant was acting in the course of employment as an 11
employee or official of a school, museum, or public library. 12
* Sec. 3. AS 11.61.128 is amended by adding a new subsection to read: 13
(f) It is an affirmative defense to a prosecution under this section that, at the 14

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CSSB 238(EDC) -2- SB0238B
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time of the offense, the defendant was acting in the course of employment as an 1
employee or official of a school, museum, or public library. 2
* Sec. 4. AS 14.56 is amended by adding new sections to read: 3
Article 7. Access to Library Material. 4
Sec. 14.56.450. Public library material policy. (a) A librarian employed by a 5
public library may curate library material for inclusion in the public library according 6
to the policy approved by the governing body of the public library. 7
(b) The director shall establish and update as necessary a model policy on the 8
curation and reconsideration of library material within a public library. The policy 9
must provide standards for the selection and curation of library material, establish 10
criteria for the removal of existing library material, and provide protection against 11
attempts to censor library material. At a minimum, the policy must 12
(1) recognize that a public library serves as a center for voluntary 13
inquiry and the dissemination of information and is the marketplace of ideas; 14
(2) promote the free expression of, and free access to, ideas by 15
prohibiting the censorship of library material; 16
(3) prohibit the removal of library material from a public library based 17
on the origin of, background of, or views expressed by the library material or of those 18
contributing to its creation; 19
(4) recognize that library material is provided for the interest, 20
information, and enlightenment of all people and should present a wide range of points 21
of view; 22
(5) establish a procedure, based on professional standards, for a 23
librarian to review the inclusion of library material within a public library on an 24
ongoing basis, which must include consideration of 25
(A) the relevance of the library material; 26
(B) the condition of the library material; 27
(C) the availability of duplicates of the library material; 28
(D) the availability of a more recent library material; and 29
(E) the continued demand for the library material; 30
(6) establish a model form and a procedure for an individual to request 31

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a public library to reconsider library material; the procedure must 1
(A) allow an individual who has held a current library card 2
issued by the public library for at least six months and who resides in the 3
public library's designated service area to initiate the review of a specific 4
library material by submitting a request for the public library to reconsider the 5
library material; 6
(B) require that an individual submitting a request for a public 7
library to reconsider library material review the library material as a whole and 8
not challenge library material based on selective passages that are taken out of 9
context; 10
(C) provide that, during the review process, the library material 11
subject to reconsideration may not be removed from its location within the 12
public library and must remain available for a patron to reserve, check out, or 13
access; 14
(D) require that at least one librarian employed at the public 15
library where the request was submitted formally participate in the review 16
process; and 17
(E) provide a process by which an individual can appeal a 18
decision made on reconsideration, using the standards set out in (5)(A) - (E) of 19
this subsection. 20
(c) The governing body of a public library shall adopt the model policy 21
established by the director under (b) of this section,