IN HB1155 | 2014 | Regular Session

Status

Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on March 26 2014 - 100% progression
Action: 2014-03-26 - Public Law 181
Text: Latest bill text (Enrolled) [PDF]

Summary

Relocates and restates certain provisions dealing with the expungement of arrest records, and deletes inconsistent language. (Under current law, there are two inconsistent procedures for expunging arrest records.) Specifies where a petition for expungement must be filed, and removes the prohibition against a waiver or reduction of the filing fee for an indigent person. Grants a defense attorney and a probation department access to expunged records if authorized by court order. Allows a court to accept filing of a subsequent petition for expungement that includes convictions not named in the original petition under certain circumstances. Provides that a court must find by a preponderance of the evidence instead of by clear and convincing evidence that all the requirements of expungement have been met to order a person's conviction records marked as expunged. Prohibits a person from waiving the right to expungement as part of a plea agreement. Grants access to expunged records to: (1) the supreme court and the state board of law examiners to determine a person's fitness for admission to the bar; and (2) a person required to access expunged records to comply with the federal Secure and Fair Enforcement for Mortgage Licensing Act. Specifies the procedure to be used to regain the right to possess a firearm by a person convicted of a misdemeanor crime of domestic violence. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

Tracking Information

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Title

Expungement.

Sponsors


Roll Calls

2014-03-06 - House - House - Motion to Concur in Senate Amendments (Y: 74 N: 19 NV: 1 Abs: 6) [PASS]
2014-03-04 - Senate - Senate Floor - (Y: 42 N: 6 NV: 0 Abs: 2) [PASS]
2014-02-26 - Senate - Senate Committee on Judiciary - Roll Call 115502 (Y: 7 N: 1 NV: 0 Abs: 0) [PASS]
2014-02-26 - Senate - Senate Committee on Judiciary - Roll Call 115502 (Y: 7 N: 1 NV: 0 Abs: 0) [PASS]
2014-01-23 - House - House - Third reading: passed (Y: 80 N: 15 NV: 0 Abs: 3) [PASS]
2014-01-15 - House - House Committee on Courts and Criminal Code - Roll Call 115501 (Y: 10 N: 2 NV: 0 Abs: 1) [PASS]

History

DateChamberAction
2014-03-26HousePublic Law 181
2014-03-26HouseSigned by the Governor
2014-03-18SenateSigned by the President of the Senate
2014-03-13HouseSigned by the Speaker
2014-03-13SenateSigned by the President Pro Tempore
2014-03-06HouseMotion to Concur in Senate Amendments: prevailed; Roll Call 427: yeas 74 and nays 19
2014-03-04SenateReturned to the House with amendments
2014-03-04SenateThird reading: Passed: Roll Call 302: yeas 42 and nays 6
2014-03-04SenateSenator Taylor added as cosponsor.
2014-03-04SenateSenator M. Young added second sponsor.
2014-03-03SenateSecond reading: amended, ordered engrossed.
2014-03-03SenateHB 1155 Amendment #1 (Steele), prevailed.
2014-02-27SenateCommittee report: amend do pass, adopted.
2014-02-04SenateFirst Reading: Referred to Judiciary
2014-01-23HouseReferred to the Senate
2014-01-23HouseThird reading: Passed: Roll Call 48: yeas 80 and nays 15
2014-01-23HouseSenator Steele added as sponsor.
2014-01-21HouseSecond reading: engrossed
2014-01-16HouseCommittee report: amend do pass, adopted
2014-01-13HouseFirst Reading: Referred to Courts and Criminal Code
2014-01-13HouseCoauthored by Representatives McMillin, Shackleford, Porter
2014-01-09HouseAuthored by Representative Turner.

Indiana State Sources

TypeSource
Summaryhttps://iga.in.gov/legislative/2014/bills/house/1155/details
Texthttp://iga.in.gov/static-documents/f/c/4/9/fc497a3b/HB1155.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/2/5/a/f/25af0f0e/HB1155.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/b/e/5/9/be598bfe/HB1155.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/2/9/4/9/29497fb4/HB1155.03.COMS.pdf
Texthttp://iga.in.gov/static-documents/9/9/4/c/994cb57f/HB1155.03.COMS.pdf
Texthttp://iga.in.gov/static-documents/8/e/e/b/8eebfa8a/HB1155.04.ENGS.pdf
Texthttp://iga.in.gov/static-documents/6/6/2/3/66234d0e/HB1155.04.ENGS.pdf
Texthttp://iga.in.gov/static-documents/e/4/f/b/e4fbd8b3/HB1155.05.ENRH.pdf
Roll Callhttp://iga.in.gov/static-documents/a/8/a/9/a8a9828a/HB1155.02.COMH.48.pdf
Roll Callhttp://iga.in.gov/static-documents/9/8/3/6/98360822/HB1155.01.INTR.pdf
Roll Callhttp://iga.in.gov/static-documents/c/7/7/5/c775d35f/HB1155.02.COMH.pdf
Roll Callhttp://iga.in.gov/static-documents/3/f/2/d/3f2d6717/HB1155.04.ENGS.302.pdf
Roll Callhttp://iga.in.gov/static-documents/d/3/b/3/d3b3cb22/HB1155.04.ENGS.427.pdf

Bill Comments

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