06RS HB93

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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 93/LM (BR 8) - R. Wilkey, C. Belcher, J. Crenshaw, R. Meeks, A. Simpson, M. Weaver, 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.

HB 93 - AMENDMENTS

     HCS/LM - Amend to raise the fee for an expungement petition by $30.

     HFA (1, B. Montell) - Prohibit expungement for persons who were incarcerated for the felony offense.

     HFA (2, R. Wilkey) - Amend to include elder abuse in the list of non-expungable felonies.

     HFA (3, B. Montell) - Amend to prohibit expungements for persons who served a sentence of incarceration after the entry of a judgment of conviction.

     HFA (4, R. Wilkey) - Amend to remove the $50 fee payable by persons completing a diversion plan; require the clerk of the court to send notice of the petition to the crime victim.

     (Prefiled by the sponsor(s).)

     Dec 7-To: Interim Joint Committee on Judiciary
     Jan 3-introduced in House; to Judiciary (H)
     Jan 6-posted in committee
     Jan 18-reported favorably, 1st reading, to Calendar with Committee Substitute
     Jan 19-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, January 20, 2006
     Jan 23-floor amendments (1) and (2) filed to Committee Substitute
     Jan 25-floor amendment (3) filed to Committee Substitute
     Feb 16-floor amendment (4) filed to Committee Substitute
     Feb 22-3rd reading; floor amendment (3) rejected ; passed 76-21 with Committee Substitute, floor amendments (2) and (4)
     Feb 23-received in Senate
     Feb 27-to Judiciary (S)

Vote History

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