Bill Text: FL S0666 | 2012 | Regular Session | Introduced

Florida Senate Bill 666 (Prior Session Legislation)

Introduced

Bill Title: Criminal History Records of Juveniles

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Criminal Justice [S0666 Detail]

Download: Florida-2012-S0666-Introduced.html

       Florida Senate - 2012                                     SB 666
       
       
       
       By Senator Smith
       
       
       
       
       29-00711-12                                            2012666__
    1                        A bill to be entitled                      
    2         An act relating to criminal history records of
    3         juveniles; creating s. 943.05825, F.S.; providing for
    4         the automatic sealing of records of offenses committed
    5         by a juvenile upon completion of sentence; providing
    6         exceptions; providing for the effect of sealing;
    7         providing for application of other specified
    8         provisions relating to expunction and sealing of
    9         records; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 943.05825, Florida Statutes, is created
   14  to read:
   15         943.05825 Automatic sealing of juvenile records.—
   16         (1) Notwithstanding any other law, the criminal history
   17  record of any offenses committed by a juvenile shall be
   18  automatically sealed upon the juvenile’s completion of all
   19  sentences for those offenses, except for the record of any
   20  offense for which the juvenile was:
   21         (a) Transferred to the adult system under s. 985.557,
   22  indicted under s. 985.56, or waived into the adult system under
   23  s. 985.556; or
   24         (b) Transferred to the adult system but sentenced to the
   25  juvenile system under s. 985.565.
   26         (2) As used in this section, the term “sealed” or “sealing”
   27  has the same meaning as provided in s. 943.059, excluding s.
   28  943.059(4)(a), except that the criminal history record of a
   29  juvenile whose record is sealed pursuant to this section shall
   30  be made available only to criminal justice agencies for the
   31  purpose of determining eligibility for prearrest, postarrest, or
   32  teen court diversion programs; when the record is sought as part
   33  of a criminal investigation; or when the subject of the record
   34  is a candidate for employment with a criminal justice agency.
   35  For all other purposes, a person whose record is sealed under
   36  this section may lawfully deny or fail to acknowledge the arrest
   37  and the charge covered by the sealed record.
   38         (3) Sealing of a record granted under this section does not
   39  prevent the juvenile who receives such relief from petitioning
   40  for the expunction or sealing of a later criminal history record
   41  as provided in ss. 943.0585 and 943.059 if the juvenile is
   42  otherwise eligible under those sections.
   43         Section 2. This act shall take effect July 1, 2012.