Kentucky
General Assembly

01/08/19	introduced in Senate
01/10/19	to Judiciary (S)
02/21/19	reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/22/19	2nd reading, to Rules floor amendment (1) filed to Committee Substitute
02/26/19	posted for passage in the Regular Orders of the Day for Wednesday, February 27, 2019 floor amendment (2) filed to Committee Substitute
02/27/19	3rd reading, passed 35-2 with Committee Substitute (1) and floor amendments (1) and (2) received in House
02/28/19	to Judiciary (H)
03/01/19	posted in committee
03/04/19	taken from Judiciary (H) 1st reading returned to Judiciary (H)
03/06/19	reported favorably, 2nd reading, to Rules with Committee Substitute (1) as a consent bill
03/07/19	posted for passage in the Regular Orders of the Day for Tuesday, March 12, 2019 floor amendments (1) and (2) filed to Committee Substitute
03/12/19	floor amendment (3) filed to Committee Substitute floor amendment (2) withdrawn
03/13/19	floor amendment (4) filed to Committee Substitute
03/14/19	3rd reading, passed 91-5 with Committee Substitute (1) and floor amendment (4) received in Senate posted for passage for concurrence in House Committee Substitute (1) and floor amendment (4) on Thursday, March 14, 2019 Senate concurred in House Committee Substitute (1) and floor amendment (4) Bill passed 36-1 enrolled, signed by President of the Senate enrolled, signed by Speaker of the House delivered to Governor
03/26/19	signed by Governor (KY Acts ch. 188)

Amendment	Senate Committee Substitute 1
Impact Statements	Local Mandate
Summary	Retain original provisions; exclude expungement of violations of KRS189a.010 or 508.032; exclude expungement of offenses in breach of public office; allow Commonwealth's attorneys to reject grossly incomplete applications; establish findings that applicant must prove by clear and convincing evidence before expungement is granted; require the person pose no significant threat of recidivism.
Index Headings	Local Mandate - Expungement, certain Class D felonies, exceptions Crimes and Punishments - Expungement, certain Class D felonies, exceptions Criminal Procedure - Expungement, certain Class D felonies, exceptions Criminal Procedure - Expungement, require findings

Amendment	Senate Floor Amendment 1
Sponsor	J. Higdon
Summary	Remove provisions which would charge interest on the expungement fee after 12 months; add requirement that the judge set a show cause hearing for at least 18 months from the date of the expungement order and require payment of entire fee by that time.
Index Headings	Criminal Procedure - Expungement, allow 18 months to pay fee Criminal Procedure - Expungement, remove provisions which would assess interest on the fee after 12 months

Amendment	Senate Floor Amendment 2
Sponsor	G. Neal
Summary	Limit new requirements for hearing to apply only to applications under subsection (1)(d).
Index Headings	Criminal Procedure - Expungement, limit new hearing requirements to applications under 10-year bracket

Amendment	House Committee Substitute 1
Impact Statements	Local Mandate
Summary	Reduce expungement fee from $450 to $150; change burden of proof on applicant for expungement at hearing from clear and convincing to a preponderance of the evidence.
Index Headings	Criminal Procedure - Expungement fee, reduce from $450 to $150 Criminal Procedure - Burden of proof on applicant for expungement, reduce Fees - Expungement fee, reduce from $450 to $150

Amendment	House Floor Amendment 1
Sponsor	D. Osborne
Summary	Amend to reduce the time period before a person may apply for an expungement from 10 years to 5.
Index Headings	Criminal Procedure - Expungement, waiting period, reduce to 5 years Courts - Expungement, waiting period, reduce to 5 years

Amendment	House Floor Amendment 2
Sponsor	C. Massey
Summary	Make final expungement of the record contingent on full payment of the expungement fee; prohibit jailing of a person for nonpayment of the expungement fee; change distribution of money in the expungement fund.
Index Headings	Criminal Procedure - Expungement, contingent on full payment of expungement fee Criminal Procedure - Expungement, prohibit incarceration for nonpayment of expungement fee Criminal Procedure - Expungement fund, change distribution of

Amendment	House Floor Amendment 3
Sponsor	C. Massey
Summary	Reduce the time period before a person may apply for an expungement from 10 years to 5; increase burden of proof at hearing to require proof by clear and convincing evidence; increase expungement fee to $250.
Index Headings	Courts - Expungement, waiting period, reduce to 5 years Criminal Procedure - Expungement, waiting period, reduce to 5 years Criminal Procedure - Expungement, increase burden of proof at hearing to by clear and convincing evidence Fees - Rxpungement fee, increase to $250

Amendment	House Floor Amendment 4
Sponsor	C. Massey
Summary	Reduce the time period before a person may apply for an expungement from 10 years to five; increase the burden of proof at hearing to require proof by clear and convincing evidence; increase the expungement fee to $250; make final expungement of the record contingent on full payment of the expungement fee; prohibit jailing of a person for nonpayment of the expungement fee; change distribution of money in the expungement fund; add KRS 519.055 to exceptions.
Index Headings	Courts - Expungement, waiting period, reduce to five years Criminal Procedure - Expungement, increase burden of proof at hearing to by clear and convincing evidence Criminal Procedure - Expungement, waiting period, reduce to five years Criminal Procedure - Expungement fund, change distribution of Criminal Procedure - Expungement, contingent on full payment of expungement fee Criminal Procedure - Expungemen, prohibit incarceration for nonpayment of expungement fee Fees - Expungement fee, increase to $250