Rule 22 - Electronic Citations in Minor Offense Cases(a) Authorization for Filing Citations Electronically. The administrative director may enter into an agreement with a law enforcement agency to allow the law enforcement agency to file citations charging minor offenses, as defined in Rule 2, by transmitting data electronically rather than by filing paper citations. The administrative director may enter into an agreement if the law enforcement agency's systems and procedures assure that: (1) the charging officer will issue a paper citation to the defendant in accordance with AS 12.25.190; (2) a paper citation issued from an electronic device will contain the charging officers electronic or digital signature as defined in AS 09.80.190; (3) the court will have the ability to view an electronic version of the paper citation that the charging officer issued to the defendant, including the charging officers electronic, digital, or handwritten signature;(4) the agency has a written acknowledgement from each peace officer authorized to issue electronic citations certifying that the officer understands that affixing an electronic or digital signature to a citation is the legally binding equivalent of signing a citation by hand, and that by affixing an electronic or digital signature, the officer intends to be bound by the signature; (5) the agency employs policies that hold individual officers accountable and responsible for actions initiated under their electronic or digital signatures; and(6) the agency employs adequate security procedures to verify that an electronic signature, record, or performance is that of a specific person and to detect changes or errors in the electronic records related to the citation. (b) Electronic Signature. A charging officer's electronic or digital signature on a citation is the legally binding equivalent of the officer's handwritten signature and satisfies the requirement of Criminal Rule 3(a) that a citation for a minor offense must be signed with a certification under penalty of perjury that the citation is true. Alaska R. Min. Off. P. 22
Rescinded and readopted by SCO 1794 effective 4/15/2013; renamed and renumbered by SCO 1797 effective 4/15/2013.