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House Bill 40

Actions | Amendments
Last Action signed by Governor (Acts, ch. 094)
Title AN ACT relating to criminal records.
Bill Documents Bill
Impact Statements Corrections Impact
Local Mandate
Bill Request Number 17
Sponsors D. Owens, D. Floyd, L. Belcher, G. Brown Jr, L. Clark, M. Denham, K. Flood, J. Glenn, J. Gooch Jr., J. Greer, D. Horlander, D. Keene, M. Marzian, R. Meeks, J. Miller, T. Mills, J. Richards, S. Riggs, T. Riner, K. Sinnette, J. Taylor, T. Thompson, D. Watkins, S. Westrom, 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; 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 of Original Version Corrections Impact - Criminal records, expungement of
Local Mandate - Criminal records, expungement of
Crimes and Punishments - Criminal records, expungement of
Criminal Procedure - Criminal records, expungement of
Civil Actions - Expunged records, prevent introduction of
Civil Procedure - Expunged records, prevent introduction of
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
Senate Committee Substitute 1
Senate Floor Amendment 1
Senate Floor Amendment 2
Senate Floor Amendment 3
Votes Vote History

Actions

Top | Amendments
05/19/15
  • Prefiled by the sponsor(s).
01/05/16
  • introduced in House
  • to Judiciary (H)
01/07/16
  • posted in committee
01/12/16
  • posting waived
01/13/16
  • reported favorably, 1st reading, to Calendar with Committee Substitute
01/14/16
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, January 15
  • floor amendment (1) filed to Committee Substitute
01/15/16
  • 3rd reading, passed 80-11 with Committee Substitute (1), floor amendment (1)
01/19/16
  • received in Senate
01/21/16
  • to Judiciary (S)
03/17/16
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
  • floor amendment (1) filed to Committee Substitute
03/18/16
  • 2nd reading, to Rules
03/22/16
  • floor amendment (2) filed to Committee Substitute
03/28/16
  • floor amendment (3) filed to Committee Substitute
03/29/16
  • posted for passage in the Regular Orders of the Day for Tuesday, March 29, 2016
  • 3rd reading
  • floor amendment (3) defeated
  • passed 33-5 with Committee Substitute (1) and floor amendments (1) and (2)
04/01/16
  • received in House
  • to Rules (H)
  • posted for passage for concurrence in Senate Committee Substitutes (1) floor amendments (1) and (2)
  • House concurred in Senate Committee Substitutes (1) floor amendments (1) and (2)
  • passed 84-13
  • enrolled, signed by each presiding officer
  • delivered to Governor
04/12/16
  • signed by Governor (Acts, ch. 094)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Impact Statements Corrections Impact
Local Mandate
Summary Amend to allow discretionary expungement of a second or subsequent felony, after a first felony is expunged.
Index Headings Corrections Impact - Criminal records, expungement of
Local Mandate - Criminal records, expungement of
Crimes and Punishments - Criminal records, expungement of
Criminal Procedure - Criminal records, expungement of
Civil Actions - Expunged records, prevent introduction of
Civil Procedure - Expunged records, prevent introduction of

Amendment House Floor Amendment 1
Sponsor D. Owens
Summary Amend to prohibit expungement of violations of KRS 522.050, 531.335, or 529.110.
Index Headings Corrections Impact - Criminal records, expungement of
Local Mandate - Criminal records, expungement of
Crimes and Punishments - Criminal records, expungement of
Criminal Procedure - Criminal records, expungement of
Civil Actions - Expunged records, prevent introduction of
Civil Procedure - Expunged records, prevent introduction of

Amendment Senate Committee Substitute 1
Impact Statements Corrections Impact
Local Mandate
Summary Add offenses to the category of expungable convictions; reduce waiting period from ten years to five; require service of the application on prosecutors; require prosecutor to respond within 60 days; allow court to extend to 120 days; allow court to set a hearing after response received or 120 days pass; create index of vacated and expunged convictions and prohibit an individual from vacating and expunging a second conviction; split filing fees to include refundable and nonrefundable portions; allow court discretion to expunge multiple unrelated misdemeanors.
Index Headings Corrections Impact - Criminal records, expungement of
Local Mandate - Criminal records, expungement of
Crimes and Punishments - Criminal records, expungement of
Criminal Procedure - Criminal records, expungement of
Civil Actions - Expunged records, prevent introduction of
Civil Procedure - Expunged records, prevent introduction of

Amendment Senate Floor Amendment 1
Sponsor W. Westerfield
Summary Make technical corrections.
Index Headings Corrections Impact - Criminal records, expungement of
Local Mandate - Criminal records, expungement of
Crimes and Punishments - Criminal records, expungement of
Criminal Procedure - Criminal records, expungement of
Civil Actions - Expunged records, prevent introduction of
Civil Procedure - Expunged records, prevent introduction of

Amendment Senate Floor Amendment 2
Sponsor R. Stivers II
Summary Allow expungement of multiple eligible felonies arising from the same incident.
Index Headings Corrections Impact - Criminal records, expungement of
Local Mandate - Criminal records, expungement of
Crimes and Punishments - Criminal records, expungement of
Criminal Procedure - Criminal records, expungement of
Civil Actions - Expunged records, prevent introduction of
Civil Procedure - Expunged records, prevent introduction of

Amendment Senate Floor Amendment 3
Sponsor G. Neal
Summary Reduce filing fee for record expungement from $500 to $250.
Index Headings Corrections Impact - Criminal records, expungement of
Local Mandate - Criminal records, expungement of
Crimes and Punishments - Criminal records, expungement of
Criminal Procedure - Criminal records, expungement of
Civil Actions - Expunged records, prevent introduction of
Civil Procedure - Expunged records, prevent introduction of

Last updated: 1/16/2019 3:08 PM (EST)