05RS HB5


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Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.

HB 5/LM/CI (BR 71) - R. Wilkey, J. Crenshaw, R. Webb, S. Westrom

     AN ACT relating to criminal record expungement.
     Create a new section of KRS Chapter 533 to allow persons convicted of one Class D felony or a series of Class D felonies arising out of a single event to petition to have their record expunged; provide steps for Commonwealth's attorneys' involvement in the process, notification of victim, and payment of fee; amend KRS 431.078 to provide that a person convicted of a misdemeanor may petition for expungement of the record five years after adjudication, and to increase fee; amend KRS 431.076 to impose a fee of $50 on any person filing a motion after a dismissal resulting from successful completion of a diversion or mediation program; amend KRS 527.040 to exempt individuals who have had their records expunged from the statute on a felon in possession of a firearm.


     HCS/LM/CI - Retain original provisions; amend to require Commonwealth Attorney to set out reasons for recommending against granting of expungement petition and provide for distribution of $250 fee as follows: $125 to Department of State Police; $75 to Circuit Clerk; $50 to Department of Corrections for processing applications and expunging the record.

     HFA (1, J. Vincent) - Amend to allow expungements to be accessed for the purpose of preparing presentence investigations reports in felony sentencing.

     HFA (2, J. Hoover) - Amend to delete provision requiring court to deny an application for expungement in all cases where the Commonwealth Attorney objects to the expungement.

     (Prefiled by the sponsor(s).)

     Jan 4-introduced in House
     Jan 6-to Judiciary (H)
     Feb 2-posted in committee
     Feb 16-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 17-2nd reading, to Rules; floor amendments (1) and (2) filed to Committee Substitute
     Feb 22-posted for passage in the Regular Orders of the Day for Wednesday, February 23, 2005
     Feb 24-3rd reading, passed 77-11 with Committee Substitute, floor amendments (1) and (2)
     Feb 25-received in Senate
     Feb 28-to Judiciary (S)

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