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2021 SESSION

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SB 1339 Police and court records; expungement and sealing of records, Expungement Fee Fund created.

Introduced by: Scott A. Surovell | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

Expungement and sealing of police and court records; Expungement Fee Fund created; protection of public record information; penalties. Establishes a process for the sealing of police and court records, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also allows a person to petition for the 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 creates the Expungement Fee Fund, which is 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 is administered by the Executive Secretary of the Supreme Court and used to fund the costs of court-appointed counsel.

The bill requires a business screening service, which is a business that conducts criminal history records searches, must register with the Department of State Police to receive expungement orders and must follow reasonable procedures to ensure it maintains accurate information. The bill directs the Attorney General to enforce these requirements, authorizing it to file suit for damages and a civil penalty of up to $2,500.

With the exception of the provisions regarding the Expungement Fee Fund, and the funding provisions of such fund, the bill has delayed effective date of July 1, 2022. The bill directs the Department of Criminal Justice Services to adopt emergency regulations to implement the provisions of the bill. The provisions of the bill are contingent on funding in a general appropriation act. This bill incorporates SB 1283 and SB 1372.

FULL TEXT

• 01/12/21  Senate: Prefiled and ordered printed; offered 01/13/21 21100793D  pdf | impact statements
• 02/01/21  Senate: Committee substitute printed 21103918D-S1  pdf | impact statement
• 02/03/21  Senate: Committee substitute printed 21104284D-S2  pdf | impact statement
• 02/04/21  Senate: Floor substitute printed 21104416D-S3 (Surovell)  pdf | impact statement

AMENDMENTS

• Senate subcommittee amendments and substitutes offered
• Senate committee, floor amendments and substitutes offered

HISTORY

• 01/12/21  Senate: Prefiled and ordered printed; offered 01/13/21 21100793D
• 01/12/21  Senate: Referred to Committee on the Judiciary
• 01/26/21  Senate: Assigned Judiciary sub: Expungement
• 02/01/21  Senate: Incorporates SB1283 (Morrissey)
• 02/01/21  Senate: Incorporates SB1372 (Lucas)
• 02/01/21  Senate: Committee substitute printed 21103918D-S1
• 02/01/21  Senate: Reported from Judiciary with substitute (9-Y 3-N 3-A)
• 02/01/21  Senate: Rereferred to Finance and Appropriations
• 02/03/21  Senate: Reported from Finance and Appropriations with substitute (13-Y 3-N)
• 02/03/21  Senate: Committee substitute printed 21104284D-S2
• 02/03/21  Senate: Constitutional reading dispensed (39-Y 0-N)
• 02/04/21  Senate: Read second time
• 02/04/21  Senate: Reading of substitute waived
• 02/04/21  Senate: Committee substitute rejected 21103918D-S1
• 02/04/21  Senate: Reading of substitute waived
• 02/04/21  Senate: Committee substitute rejected 21104284D-S2
• 02/04/21  Senate: Reading of substitute waived
• 02/04/21  Senate: Floor substitute printed 21104416D-S3 (Surovell)
• 02/04/21  Senate: Substitute by Senator Surovell agreed to 21104416D-S3
• 02/04/21  Senate: Engrossed by Senate - floor substitute SB1339S3
• 02/05/21  Senate: Read third time and passed Senate (21-Y 17-N)
• 02/05/21  Senate: Reconsideration of passage agreed to by Senate (38-Y 0-N)
• 02/05/21  Senate: Passed Senate (21-Y 18-N)
• 02/07/21  House: Placed on Calendar
• 02/07/21  House: Read first time
• 02/07/21  House: Referred to Committee for Courts of Justice
• 02/08/21  House: Continued to Special Session 1 in Courts of Justice by voice vote