Legislation that would allow those convicted of low-level felonies to ask the court to permanently seal—or expunge—their records is on its way to becoming law.
House Bill 40, sponsored by House Judiciary Chair Darryl Owens, D-Louisville, and Rep. David Floyd, R-Bardstown, received final passage in the House by a vote of 84-13 and will now go to the governor for his signature. The bill includes provisions from Senate Bill 298 that were added to the bill by the Senate when it passed HB 40 by a vote of 33-5 on March 29.
“House Bill 40 is about redemption,” Owens said about HB 40 when it passed the House in January. “It’s about second chances.”
HB 40 would allow those convicted of a Class D felony under any of 61 specific criminal statutes, or who were charged but not formally indicted of a felony, to seek expungement of that conviction or charge five years after they have completed their sentences or probation.
Those convicted of a sex crime, a crime against a child, or who have criminal proceedings or violations pending would not be eligible for expungement under the bill.
Courts would also have the discretion under the bill to expunge Class D felonies of those with previous Class D felony convictions unless the previous conviction was for a sex offense, a crime against a child, or if there is a criminal proceeding or violation pending against the individual.
Kentucky law currently allows for expungement of misdemeanors and violations. Those are lesser crimes than felonies which include offenses like shoplifting, bad check writing, and driving on a suspended license.
Senate approves bills on marriage licenses, phones, transportation projects
The Senate, as one of its last actions before adjourning for a recess until April 12, approved marriage license legislation that authorizes the creation of a single form in which petitioners can identify themselves as a bride, a groom or simply as spouse.
Current forms only have the former options.
The bill was given final consent by a 32-0 vote. It was later delivered to the governor’s office to await his signature.
Among other action Friday, the Senate passed House Bill 304, which provides roughly $2.3 billion per year for the state’s road funding plan and Transportation Cabinet operations, as well as aviation, rail and other transportation projects across the state. The bill’s high-profile facets include continuing the Adopt-a-Highway program, providing $125 million for road resurfacing projects, $500,000 for river port maintenance as well as 17 capital projects.
HB 304 also funds the debt load taken on from the projects. The Senate passed the bill by a 35-0 tally.
Under House Bill 585, prepaid mobile phone users would see higher prices to offset fees charged to their service providers. The bill would change methods for the state to collect 911 service fees. HB585 shifts the burden from the wireless provider to the consumer, who pays the fee at the time of buying prepaid minutes.
The bill also establishes governmental oversight of the fee collection and how collected funds can be expended. If signed into law, HB 585 would take effect on Jan. 1.
From LRC Public Information