Bill Text: MS HB419 | 2010 | Regular Session | Introduced
Bill Title: Pretrial intervention program; revise to provide keeping of nonpublic records for subsequent proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB419 Detail]
Download: Mississippi-2010-HB419-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary B; Corrections
By: Representative Moak
House Bill 419
AN ACT TO AMEND SECTION 99-15-123, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE KEEPING OF NONPUBLIC RECORDS IN PRETRIAL INTERVENTION PROGRAMS FOR DETERMINING WHETHER A PERSON IS A FIRST OFFENDER IN SUBSEQUENT PROCEEDINGS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-15-123, Mississippi Code of 1972, is amended as follows:
99-15-123. (1) In the event an offender successfully completes a pretrial intervention program, the court shall make a noncriminal disposition of the charge or charges pending against the offender. In such event the record shall be expunged; however, a nonpublic record thereof shall be retained safely for the purpose of use in determining whether in subsequent proceedings, such person is a first offender.
(2) In the event the offender violates the conditions of the program agreement: (a) the district attorney may terminate the offender's participation in the program, (b) the waiver executed pursuant to Section 99-15-115 shall be void on the date the offender is removed from the program for the violation, and (c) the prosecution of pending criminal charges against the offender shall be resumed by the district attorney.
(3) Upon petition therefor, the court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.
