05RS HB5

HB5

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HB 5/LM/CI (BR 71) - R. Wilkey, J. Crenshaw, R. Webb, S. Westrom

     AN ACT relating to criminal record expungement.
     Create a new section of KRS Chapter 533 to allow persons convicted of one Class D felony or a series of Class D felonies arising out of a single event to petition to have their record expunged; provide steps for Commonwealth's attorneys' involvement in the process, notification of victim, and payment of fee; amend KRS 431.078 to provide that a person convicted of a misdemeanor may petition for expungement of the record five years after adjudication, and to increase fee; amend KRS 431.076 to impose a fee of $50 on any person filing a motion after a dismissal resulting from successful completion of a diversion or mediation program; amend KRS 527.040 to exempt individuals who have had their records expunged from the statute on a felon in possession of a firearm.

HB 5 - AMENDMENTS


     HCS/LM/CI - Retain original provisions; amend to require Commonwealth Attorney to set out reasons for recommending against granting of expungement petition and provide for distribution of $250 fee as follows: $125 to Department of State Police; $75 to Circuit Clerk; $50 to Department of Corrections for processing applications and expunging the record.

     HFA (1, J. Vincent) - Amend to allow expungements to be accessed for the purpose of preparing presentence investigations reports in felony sentencing.

     HFA (2, J. Hoover) - Amend to delete provision requiring court to deny an application for expungement in all cases where the Commonwealth Attorney objects to the expungement.

     (Prefiled by the sponsor(s).)

     Jan 4-introduced in House
     Jan 6-to Judiciary (H)
     Feb 2-posted in committee
     Feb 16-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 17-2nd reading, to Rules; floor amendments (1) and (2) filed to Committee Substitute
     Feb 22-posted for passage in the Regular Orders of the Day for Wednesday, February 23, 2005
     Feb 24-3rd reading, passed 77-11 with Committee Substitute, floor amendments (1) and (2)
     Feb 25-received in Senate
     Feb 28-to Judiciary (S)


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