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2020 SPECIAL SESSION I
SB 5043 Police and court records; Expungement Fee Fund created, expungement of certain records.
Introduced by: R. Creigh Deeds | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Expungement of police and court records; Expungement Fee Fund created. Provides that final disposition may include (i) conviction of the original charge, (ii) conviction of an alternative charge, or (iii) dismissal of the proceedings. The bill also allows a person to petition for the expungement of the police and court records relating to such person's conviction for misdemeanors and certain felonies if he has been granted a simple pardon for the crime. The bill also allows a person to petition for an expungement of the police and court records relating to convictions of marijuana possession, underage alcohol or tobacco possession, and using a false ID to obtain alcohol, and for deferred disposition dismissals for possession of controlled substances or marijuana, underage alcohol or tobacco possession, and using a false ID to obtain alcohol. The bill requires the person to have paid all court costs, fines, and restitution, and for five years to have elapsed since the date of conviction, depending on the nature of the offense. Under current law, police and court records relating to convictions are only expunged if a person received an absolute pardon for a crime he did not commit.
The bill creates an Expungement Fee Fund, which would be funded by all collected expungement fees. The bill provides that expungement fees shall not be refundable, but persons who are indigent or represented by court-appointed counsel shall not be required to pay such fees. The Fund would be administered by the Executive Secretary of the Supreme Court and used to fund the costs of court-appointed counsel. The bill has a delayed effective date of January 1, 2022, and incorporates SB 5006, SB 5009, and SB 5110.
FULL TEXT
- 08/15/20 Senate: Prefiled and ordered printed; offered 08/18/20 20200574D pdf
- 08/20/20 Senate: Committee substitute printed 20200911D-S1 pdf | impact statement
- 09/03/20 Senate: Committee substitute printed 20201118D-S2 pdf | impact statement
- 09/22/20 House: Committee substitute printed 20201239D-H1 pdf | impact statements
AMENDMENTS
- House committee, floor amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
HISTORY
- 08/15/20 Senate: Prefiled and ordered printed; offered 08/18/20 20200574D
- 08/15/20 Senate: Referred to Committee on the Judiciary
- 08/20/20 Senate: Reported from Judiciary with substitute (14-Y 0-N)
- 08/20/20 Senate: Incorporates SB5006 (Norment)
- 08/20/20 Senate: Incorporates SB5009 (Peake)
- 08/20/20 Senate: Incorporates SB5110 (McDougle)
- 08/20/20 Senate: Committee substitute printed 20200911D-S1
- 08/20/20 Senate: Rereferred to Finance and Appropriations
- 09/03/20 Senate: Reported from Finance and Appropriations with substitute (16-Y 0-N)
- 09/03/20 Senate: Committee substitute printed 20201118D-S2
- 09/04/20 Senate: Constitutional reading dispensed (37-Y 0-N)
- 09/09/20 Senate: Read second time
- 09/09/20 Senate: Reading of substitute waived
- 09/09/20 Senate: Committee substitute from Judiciary rejected 20200911D-S1
- 09/09/20 Senate: Reading of substitute waived
- 09/09/20 Senate: Committee substitute from Finance and Appropriations agreed to 20201118D-S2
- 09/09/20 Senate: Engrossed by Senate - committee substitute SB5043S2
- 09/10/20 Senate: Read third time and passed Senate (38-Y 2-N)
- 09/17/20 House: Placed on Calendar
- 09/17/20 House: Read first time
- 09/17/20 House: Referred to Committee for Courts of Justice
- 09/22/20 House: Reported from Courts of Justice with substitute (13-Y 7-N)
- 09/22/20 House: Referred to Committee on Appropriations
- 09/22/20 House: Committee substitute printed 20201239D-H1
- 09/25/20 House: Reported from Appropriations (15-Y 7-N)
- 09/29/20 House: Read second time
- 10/02/20 House: Read third time
- 10/02/20 House: Committee substitute agreed to 20201239D-H1
- 10/02/20 House: Engrossed by House - committee substitute SB5043H1
- 10/02/20 House: Passed House with substitute (58-Y 39-N)
- 10/02/20 House: VOTE: Passage (58-Y 39-N)
- 10/07/20 Senate: House substitute rejected by Senate (0-Y 36-N)
- 10/07/20 House: House insisted on substitute
- 10/07/20 House: House requested conference committee
- 10/07/20 Senate: Senate acceded to request (34-Y 2-N)
- 10/07/20 Senate: Conferees appointed by Senate
- 10/07/20 Senate: Senators: Deeds, Lucas, Norment
- 10/07/20 House: Conferees appointed by House
- 10/07/20 House: Delegates: Herring, Mullin, Campbell, J.L.
- 11/09/20 Senate: No further action taken
- 11/09/20 Senate: Failed to pass