IN SB0235 | 2019 | Regular Session

Status

Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: Passed on May 6 2019 - 100% progression
Action: 2019-05-06 - Signed by the Governor
Text: Latest bill text (Enrolled) [PDF]

Summary

Expungements. Defines "collateral action" as an action that is factually or legally related to an arrest, a criminal charge, a delinquency allegation, a criminal conviction, or a delinquency adjudication. Specifies that certain information relating to: (1) an arrest; and (2) a collateral action is required to be sealed or marked expunged if a petition for expungement is granted. Specifies that an amendment affecting the information required to be expunged, marked as expunged, or otherwise sealed or restricted does not apply to an expungement order granted before the effective date of the amendment. Sets forth a procedure for a person to file a petition for a supplemental order of expungement. Provides that a person convicted of a felony that resulted in death to another person may not seek expungement of that felony. Strikes and relocates a provision relating to certain nonpublic records maintained by a law enforcement agency, and specifies that this provision also applies to records maintained by a public defender agency. Establishes a method for a person to expunge a protection order if the petition for a protection order is dismissed or denied. Requires an IDACS coordinator to remove the name of a respondent from the Indiana protective order registry when the IDACS coordinator receives notice from the county clerk that the protective order against the respondent has been dismissed.

Tracking Information

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Title

Expungements. Defines "collateral action" as an action that is factually or legally related to an arrest, a criminal charge, a delinquency allegation, a criminal conviction, or a delinquency adjudication. Specifies that certain information relating to: (1) an arrest; and (2) a collateral action is required to be sealed or marked expunged if a petition for expungement is granted. Specifies that an amendment affecting the information required to be expunged, marked as expunged, or otherwise sealed or restricted does not apply to an expungement order granted before the effective date of the amendment. Sets forth a procedure for a person to file a petition for a supplemental order of expungement. Provides that a person convicted of a felony that resulted in death to another person may not seek expungement of that felony. Strikes and relocates a provision relating to certain nonpublic records maintained by a law enforcement agency, and specifies that this provision also applies to records maintained by a public defender agency. Establishes a method for a person to expunge a protection order if the petition for a protection order is dismissed or denied. Requires an IDACS coordinator to remove the name of a respondent from the Indiana protective order registry when the IDACS coordinator receives notice from the county clerk that the protective order against the respondent has been dismissed.

Sponsors


Roll Calls

2019-04-17 - Senate - Senate - Senate concurred in House amendments (Y: 38 N: 8 NV: 2 Abs: 2) [PASS]
2019-04-09 - House - House - Third reading (Y: 65 N: 30 NV: 1 Abs: 4) [PASS]
2019-04-03 - House - House - Committee Vote (Y: 8 N: 3 NV: 0 Abs: 2) [PASS]
2019-01-31 - Senate - Third reading (Y: 46 N: 3 NV: 0 Abs: 1) [PASS]
2019-01-15 - Senate - Senate - Committee Vote (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2019-05-06SenateSigned by the Governor
2019-05-05SenatePublic Law 219
2019-04-30SenateSigned by the President of the Senate
2019-04-23HouseSigned by the Speaker
2019-04-18SenateSigned by the President Pro Tempore
2019-04-17SenateSenate concurred in House amendments; Roll Call 520: yeas 38, nays 8
2019-04-17SenateSenator Koch added as coauthor
2019-04-15SenateMotion to concur filed
2019-04-11HouseReturned to the Senate with amendments
2019-04-09HouseThird reading: passed; Roll Call 449: yeas 65, nays 30
2019-04-08HouseAmendment #2 (Beck) failed; voice vote
2019-04-08HouseAmendment #1 (Young J) prevailed; voice vote
2019-04-08HouseSecond reading: amended, ordered engrossed
2019-04-04HouseCommittee report: amend do pass, adopted
2019-02-26HouseFirst reading: referred to Committee on Courts and Criminal Code
2019-02-01SenateReferred to the House
2019-01-31SenateCosponsor: Representative Steuerwald
2019-01-31SenateHouse sponsor: Representative Young J
2019-01-31SenateThird reading: passed; Roll Call 53: yeas 46, nays 3
2019-01-29SenateAmendment #1 (Freeman) prevailed; voice vote
2019-01-29SenateSecond reading: amended, ordered engrossed
2019-01-24SenateSenator Randolph added as coauthor
2019-01-22SenateSenator Buck added as third author
2019-01-16SenateCommittee report: amend do pass, adopted
2019-01-03SenateFirst reading: referred to Committee on Corrections and Criminal Law
2019-01-03SenateAuthored by Senators Freeman and Young M

Indiana State Sources

TypeSource
Summaryhttp://iga.in.gov/legislative/2019/bills/senate/235/
Texthttp://iga.in.gov/static-documents/7/8/a/e/78ae691a/SB0235.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/2/1/5/2/2152e227/SB0235.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/d/7/6/6/d766270e/SB0235.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/e/0/9/9/e099facb/SB0235.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/1/d/b/5/1db5e25f/SB0235.03.ENGS.pdf
Texthttp://iga.in.gov/static-documents/9/6/b/0/96b0ec54/SB0235.03.ENGS.pdf
Texthttp://iga.in.gov/static-documents/6/4/6/c/646c55be/SB0235.04.COMH.pdf
Texthttp://iga.in.gov/static-documents/0/7/3/9/0739fd9c/SB0235.04.COMH.pdf
Texthttp://iga.in.gov/static-documents/c/d/5/7/cd5764d7/SB0235.05.ENGH.pdf
Texthttp://iga.in.gov/static-documents/2/d/d/9/2dd927b6/SB0235.05.ENGH.pdf
Texthttp://iga.in.gov/static-documents/8/3/5/5/83558eb2/SB0235.06.ENRH.pdf
Roll Callhttp://iga.in.gov/static-documents/4/a/6/6/4a66ad49/SB0235.01.INTR.02.pdf
Roll Callhttp://iga.in.gov/static-documents/6/0/f/e/60fe9717/SB0235.53.pdf
Roll Callhttp://iga.in.gov/static-documents/f/c/4/0/fc404aa2/SB0235.03.ENGS.00.pdf
Roll Callhttp://iga.in.gov/static-documents/e/8/d/c/e8dc144a/SB0235.449.pdf
Roll Callhttp://iga.in.gov/static-documents/b/6/f/4/b6f4fce1/SB0235.520.pdf

Bill Comments

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