| Last Action | to Judiciary (S) | 
|---|---|
| Title | AN ACT relating to criminal records. | 
| Bill Documents | 
                        Bill
                         | 
            
| Impact Statements | 
                            Corrections Impact
                                 Local Mandate  | 
                
| Bill Request Number | 177 | 
| Sponsors | D. Floyd, D. Owens, J. Crenshaw, M. Marzian, T. McKee, R. Meeks, T. Mills, T. Riner, A. Simpson, S. Westrom | 
| Summary of Original Version | Amend KRS 431.076 to expand the scope of an expungement motion under that statute to include felonies referred to a grand jury where no indictment ensues; amend KRS 431.078 to expand that statute's expungement process to include Class D felonies; create a new section of KRS Chapter 431 to establish various protections for persons whose records have been expunged; create a new section of KRS Chapter 431 to establish standards for commercial criminal record history providers; amend KRS 527.040 to expressly provide that an expunged felony does not trigger the application of that statute. | 
| Index Headings of Original Version | 
                            Corrections Impact - Expungement and criminal records; eligibility, process, standards, and protections  Local Mandate - Expungement and criminal records; eligibility, process, standards, and protections Courts - Expungement and criminal records; eligibility, process, standards, and protections Courts, Circuit - Expungement and criminal records; eligibility, process, standards, and protections Courts, District - Expungement and criminal records; eligibility, process, standards, and protections Crime Victims - Expungement and criminal records; eligibility, process, standards, and protections Crimes and Punishments - Expungement and criminal records; eligibility, process, standards, and protections Criminal Procedure - Expungement and criminal records; eligibility, process, standards, and protections Elections and Voting - Expungement and criminal records; eligibility, process, standards, and protections Public Officers and Employees - Expungement and criminal records; eligibility, process, standards, and protections Public Records and Reports - Expungement and criminal records; eligibility, process, standards, and protections Trade Practices and Retailing - Expungement and criminal records; eligibility, process, standards, and protections Attorney, Commonwealth's - Expungement and criminal records; eligibility, process, standards, and protections Attorney, County - Expungement and criminal records; eligibility, process, standards, and protections Circuit Clerks - Expungement and criminal records; eligibility, process, standards, and protections Commerce - Expungement and criminal records; eligibility, process, standards, and protections Communications - Expungement and criminal records; eligibility, process, standards, and protections Constitution, Ky. - Expungement and criminal records; eligibility, process, standards, and protections Consumer Affairs - Expungement and criminal records; eligibility, process, standards, and protections  | 
            
| Proposed Amendments | 
                                House Committee Substitute 1  House Committee Substitute 2 House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3  | 
                
| Votes | Vote History | 
| 11/19/13 | 
                    
  | 
            
|---|---|
| 01/07/14 | 
                    
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| 01/17/14 | 
                    
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| 01/29/14 | 
                    
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| 01/30/14 | 
                    
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| 02/05/14 | 
                    
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| 02/12/14 | 
                    
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| 02/13/14 | 
                    
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| 02/18/14 | 
                    
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| 02/19/14 | 
                    
  | 
            
| 02/20/14 | 
                    
  | 
            
| 02/26/14 | 
                    
  | 
            
| Amendment | House Committee Substitute 1 | 
|---|---|
| Impact Statements | 
                        Corrections Impact
                             Local Mandate  | 
            
| Summary | Amend to modify the criteria for expungement eligibility in regard to precursor offenses; modify the provisions relating to an employer's responsibility and liability in regard to the employment of persons with an expunged felony. | 
| Index Headings | 
                            Corrections Impact - Expungement and criminal records; eligibility, process, standards, and protections  Local Mandate - Expungement and criminal records; eligibility, process, standards, and protections Courts - Expungement and criminal records; eligibility, process, standards, and protections Courts, Circuit - Expungement and criminal records; eligibility, process, standards, and protections Courts, District - Expungement and criminal records; eligibility, process, standards, and protections Crime Victims - Expungement and criminal records; eligibility, process, standards, and protections Crimes and Punishments - Expungement and criminal records; eligibility, process, standards, and protections Criminal Procedure - Expungement and criminal records; eligibility, process, standards, and protections Elections and Voting - Expungement and criminal records; eligibility, process, standards, and protections Public Officers and Employees - Expungement and criminal records; eligibility, process, standards, and protections Public Records and Reports - Expungement and criminal records; eligibility, process, standards, and protections Trade Practices and Retailing - Expungement and criminal records; eligibility, process, standards, and protections Attorney, Commonwealth's - Expungement and criminal records; eligibility, process, standards, and protections Attorney, County - Expungement and criminal records; eligibility, process, standards, and protections Circuit Clerks - Expungement and criminal records; eligibility, process, standards, and protections Commerce - Expungement and criminal records; eligibility, process, standards, and protections Communications - Expungement and criminal records; eligibility, process, standards, and protections Constitution, Ky. - Expungement and criminal records; eligibility, process, standards, and protections Consumer Affairs - Expungement and criminal records; eligibility, process, standards, and protections  | 
            
| Amendment | House Committee Substitute 2 | 
|---|---|
| Impact Statements | 
                        Corrections Impact
                             Local Mandate  | 
            
| Summary | Amend to delete provisions relating to employment of persons with expunged offenses and to criminal history providers. | 
| Index Headings | 
                            Corrections Impact - Expungement and criminal records; eligibility, process, standards, and protections  Local Mandate - Expungement and criminal records; eligibility, process, standards, and protections Courts - Expungement and criminal records; eligibility, process, standards, and protections Courts, Circuit - Expungement and criminal records; eligibility, process, standards, and protections Courts, District - Expungement and criminal records; eligibility, process, standards, and protections Crime Victims - Expungement and criminal records; eligibility, process, standards, and protections Crimes and Punishments - Expungement and criminal records; eligibility, process, standards, and protections Criminal Procedure - Expungement and criminal records; eligibility, process, standards, and protections Elections and Voting - Expungement and criminal records; eligibility, process, standards, and protections Public Officers and Employees - Expungement and criminal records; eligibility, process, standards, and protections Public Records and Reports - Expungement and criminal records; eligibility, process, standards, and protections Trade Practices and Retailing - Expungement and criminal records; eligibility, process, standards, and protections Attorney, Commonwealth's - Expungement and criminal records; eligibility, process, standards, and protections Attorney, County - Expungement and criminal records; eligibility, process, standards, and protections Circuit Clerks - Expungement and criminal records; eligibility, process, standards, and protections Commerce - Expungement and criminal records; eligibility, process, standards, and protections Communications - Expungement and criminal records; eligibility, process, standards, and protections Constitution, Ky. - Expungement and criminal records; eligibility, process, standards, and protections Consumer Affairs - Expungement and criminal records; eligibility, process, standards, and protections  | 
            
| Amendment | House Floor Amendment 1 | 
|---|---|
| Sponsor | J. Hoover | 
| Summary | Delete Sections 3 and 4 of the bill relating to employment of persons with an expunged felony and the regulation of criminal history providers. | 
| Index Headings | 
                            Corrections Impact - Expungement and criminal records; eligibility, process, standards, and protections  Local Mandate - Expungement and criminal records; eligibility, process, standards, and protections Courts - Expungement and criminal records; eligibility, process, standards, and protections Courts, Circuit - Expungement and criminal records; eligibility, process, standards, and protections Courts, District - Expungement and criminal records; eligibility, process, standards, and protections Crime Victims - Expungement and criminal records; eligibility, process, standards, and protections Crimes and Punishments - Expungement and criminal records; eligibility, process, standards, and protections Criminal Procedure - Expungement and criminal records; eligibility, process, standards, and protections Elections and Voting - Expungement and criminal records; eligibility, process, standards, and protections Public Officers and Employees - Expungement and criminal records; eligibility, process, standards, and protections Public Records and Reports - Expungement and criminal records; eligibility, process, standards, and protections Trade Practices and Retailing - Expungement and criminal records; eligibility, process, standards, and protections Attorney, Commonwealth's - Expungement and criminal records; eligibility, process, standards, and protections Attorney, County - Expungement and criminal records; eligibility, process, standards, and protections Circuit Clerks - Expungement and criminal records; eligibility, process, standards, and protections Commerce - Expungement and criminal records; eligibility, process, standards, and protections Communications - Expungement and criminal records; eligibility, process, standards, and protections Constitution, Ky. - Expungement and criminal records; eligibility, process, standards, and protections Consumer Affairs - Expungement and criminal records; eligibility, process, standards, and protections  | 
            
| Amendment | House Floor Amendment 2 | 
|---|---|
| Sponsor | J. Hoover | 
| Summary | Amend to restore the requirement that a misdemeanor or violation committed five years prior to the offense sought to be expunged prohibits the expungement request from being granted. | 
| Index Headings | 
                            Corrections Impact - Expungement and criminal records; eligibility, process, standards, and protections  Local Mandate - Expungement and criminal records; eligibility, process, standards, and protections Courts - Expungement and criminal records; eligibility, process, standards, and protections Courts, Circuit - Expungement and criminal records; eligibility, process, standards, and protections Courts, District - Expungement and criminal records; eligibility, process, standards, and protections Crime Victims - Expungement and criminal records; eligibility, process, standards, and protections Crimes and Punishments - Expungement and criminal records; eligibility, process, standards, and protections Criminal Procedure - Expungement and criminal records; eligibility, process, standards, and protections Elections and Voting - Expungement and criminal records; eligibility, process, standards, and protections Public Officers and Employees - Expungement and criminal records; eligibility, process, standards, and protections Public Records and Reports - Expungement and criminal records; eligibility, process, standards, and protections Trade Practices and Retailing - Expungement and criminal records; eligibility, process, standards, and protections Attorney, Commonwealth's - Expungement and criminal records; eligibility, process, standards, and protections Attorney, County - Expungement and criminal records; eligibility, process, standards, and protections Circuit Clerks - Expungement and criminal records; eligibility, process, standards, and protections Commerce - Expungement and criminal records; eligibility, process, standards, and protections Communications - Expungement and criminal records; eligibility, process, standards, and protections Constitution, Ky. - Expungement and criminal records; eligibility, process, standards, and protections Consumer Affairs - Expungement and criminal records; eligibility, process, standards, and protections  | 
            
| Amendment | House Floor Amendment 3 | 
|---|---|
| Sponsor | D. Owens | 
| Summary | Amend to allow inspection of expunged criminal records where required by federal or state law or regulation. | 
| Index Headings | 
                            Corrections Impact - Expungement and criminal records; eligibility, process, standards, and protections  Local Mandate - Expungement and criminal records; eligibility, process, standards, and protections Courts - Expungement and criminal records; eligibility, process, standards, and protections Courts, Circuit - Expungement and criminal records; eligibility, process, standards, and protections Courts, District - Expungement and criminal records; eligibility, process, standards, and protections Crime Victims - Expungement and criminal records; eligibility, process, standards, and protections Crimes and Punishments - Expungement and criminal records; eligibility, process, standards, and protections Criminal Procedure - Expungement and criminal records; eligibility, process, standards, and protections Elections and Voting - Expungement and criminal records; eligibility, process, standards, and protections Public Officers and Employees - Expungement and criminal records; eligibility, process, standards, and protections Public Records and Reports - Expungement and criminal records; eligibility, process, standards, and protections Trade Practices and Retailing - Expungement and criminal records; eligibility, process, standards, and protections Attorney, Commonwealth's - Expungement and criminal records; eligibility, process, standards, and protections Attorney, County - Expungement and criminal records; eligibility, process, standards, and protections Circuit Clerks - Expungement and criminal records; eligibility, process, standards, and protections Commerce - Expungement and criminal records; eligibility, process, standards, and protections Communications - Expungement and criminal records; eligibility, process, standards, and protections Constitution, Ky. - Expungement and criminal records; eligibility, process, standards, and protections Consumer Affairs - Expungement and criminal records; eligibility, process, standards, and protections  | 
            
Last updated: 8/27/2019 6:52 PM (EDT)