Senate Bill 57

Actions | Amendments
Last Action 03/14/19: delivered to Governor
Title AN ACT relating to expungement and making an appropriation therefor.
Bill Documents Current
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

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: 3/25/2019 5:21 PM (EDT)
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