Senate Bill 57

Actions | Amendments
Last Action 03/26/19: signed by Governor (KY Acts ch. 188)
Title AN ACT relating to expungement and making an appropriation therefor.
Bill Documents Current/Final
Introduced
Impact Statements Local Mandate
Bill Request Number 61
Sponsors J. Higdon, G. Neal
Summary of Original Version Amend KRS 431.073 to allow discretionary expungement of Class D felonies with a ten-year waiting period; amend KRS 431.076 to allow a person against whom charges have been dismissed with or without prejudice to petition for expungement; set time limits for filing petitions; amend KRS 431.079 to require a certificate of eligibility only if a petition or application seeks expungement of a conviction; create a new section of KRS Chapter 431 to create an expungement fund and specify distribution of money from the fund; APPROPRIATION.
Index Headings of Original Version Crimes and Punishments - Expungement, certain Class D felonies, allow
Criminal Procedure - Expungement, certain Class D felonies, allow
Criminal Procedure - Expungement, waiting periods for expungement of certain Class D felonies
Fees - Expungement filing fee, allocation of
Local Mandate - Expungement, waiting periods for expungement of certain Class D felonies
Appropriations - Expungement fund, creation of
Local Mandate - Expungement, waiting periods for expungement of certain Class D felonies
Jump to Proposed Amendments Senate Committee Substitute 1
Senate Floor Amendment 1
Senate Floor Amendment 2
House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
Votes Vote History

Actions

Top | Amendments
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)

Proposed Amendments

Top | Actions
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

Last updated: 5/10/2019 10:34 AM (EDT)
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