HB 93/LM (BR 8) - R. Wilkey, C. Belcher, J. Crenshaw, R. Meeks, A. Simpson, M. Weaver, 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 93 - AMENDMENTS
HCS/LM - Amend to raise the fee for an expungement petition by $30.
HFA (1, B. Montell) - Prohibit expungement for persons who were incarcerated for the felony offense.
HFA (2, R. Wilkey) - Amend to include elder abuse in the list of non-expungable felonies.
HFA (3, B. Montell) - Amend to prohibit expungements for persons who served a sentence of incarceration after the entry of a judgment of conviction.
HFA (4, R. Wilkey) - Amend to remove the $50 fee payable by persons completing a diversion plan; require the clerk of the court to send notice of the petition to the crime victim.
(Prefiled by the sponsor(s).)
Dec 7-To: Interim Joint Committee on Judiciary
Jan 3-introduced in House; to Judiciary (H)
Jan 6-posted in committee
Jan 18-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 19-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, January 20, 2006
Jan 23-floor amendments (1) and (2) filed to Committee Substitute
Jan 25-floor amendment (3) filed to Committee Substitute
Feb 16-floor amendment (4) filed to Committee Substitute
Feb 22-3rd reading; floor amendment (3) rejected ; passed 76-21 with Committee Substitute, floor amendments (2) and (4)
Feb 23-received in Senate
Feb 27-to Judiciary (S)