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House Bill 40

Actions | Amendments

Last Action	to Judiciary (S)
Title	AN ACT relating to criminal records.
Bill Documents	Bill
Impact Statements	Corrections Impact Local Mandate
Bill Request Number	151
Sponsors	D. Floyd, D. Owens, G. Brown Jr, L. Clark, M. Dossett, D. Graham, J. Greer, R. Meeks, J. Miller, P. Moffett, A. Simpson, J. Wayne, S. Westrom, A. Wuchner, B. Yonts
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; 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 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 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 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 Constitution, Ky. - 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
Proposed Amendments	House Committee Substitute 1 House Floor Amendment 1
Votes	Vote History

Actions

Top | Amendments

09/24/14	Prefiled by the sponsor(s).
11/12/14	To: Interim Joint Committee on Judiciary
01/06/15	introduced in House to Judiciary (H)
02/03/15	posting waived
02/09/15	taken from Judiciary (H) 1st reading returned to Judiciary (H)
02/10/15	taken from Judiciary (H) 2nd reading returned to Judiciary (H) floor amendment (1) filed
02/13/15	posted in committee
02/24/15	reported favorably, to Rules with Committee Substitute posted for passage in the Regular Orders of the Day for Wednesday, February 25, 2015
02/25/15	3rd reading, passed 84-14 with Committee Substitute
02/26/15	received in Senate
03/02/15	to Judiciary (S)

Proposed Amendments

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Amendment	House Committee Substitute 1
Impact Statements	Corrections Impact Local Mandate
Summary	Retain original provisions; create a new section of KRS Chapter 413 to prohibit the introduction of information pertaining to an expunged conviction as evidence in a civil suit or administrative proceeding alleging negligent hiring or licensing.
Index Headings	Corrections Impact - Expungement and criminal records, eligibility, process, standards, and protections Local Mandate - 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 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 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 Constitution, Ky. - 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

Amendment	House Floor Amendment 1
Sponsor	D. Owens
Summary	Retain original provisions; create a new section of KRS Chapter 431 to prohibit the introduction of evidence of a conviction for a crime that has been expunged in a suit against an employer or state agency for negligent hiring or licensing.
Index Headings	Corrections Impact - Expungement and criminal records, eligibility, process, standards, and protections Local Mandate - 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 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 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 Constitution, Ky. - 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

Last updated: 1/16/2019 3:10 PM (EST)