Kentucky 2022 Regular Session Status: Passed Senate Bipartisan · 2 R · 1 D cosponsors

SB 33 — AN ACT relating to expungement.

Last action — floor amendment (1) filed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amend KRS 431.078 to specify time periods for eligibility of enhanceable offenses.

Bill Text

What changed in the latest version

76 added · 66 removed

76 line(s) added, 66 removed.

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UNOFFICIAL COPY 22 RS BR 985 AN ACT relating to expungement.
UNOFFICIAL COPY 22 RS SB 33/GA AN ACT relating to expungement.
(4) For a petition brought under subsection (1)(a) of this section, the court shall order expunged all records in the custody of the court and any records in the custody of Page 1 of 4 BR098500.100 - 985 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 985 any other agency or official, including law enforcement records, if at the hearing the court finds that:
(4) For a petition brought under subsection (1)(a) of this section, the court shall order expunged all records in the custody of the court and any records in the custody of Page 1 of 4 SB003310.100 - 985 - XXXX GA UNOFFICIAL COPY 22 RS SB 33/GA any other agency or official, including law enforcement records, if at the hearing the court finds that:
(b) The person had not in the five (5) years prior to the filing of the petition for expungement been convicted of a felony or a misdemeanor;
(b) 1.
If the offense is subject to enhancement to a felony, the person had not in the ten (10) years prior to the filing of the petition for expungement been convicted of a felony or a misdemeanor;
or 2.
The person had not in the five (5) years prior to the filing of the petition for expungement been convicted of a felony or a misdemeanor;
If the law does not specify a period for enhancement, five (5) years have elapsed from the date of the offense;
If the law does not specify a period for enhancement:
i.
If the offense is subject to enhancement to a felony, ten (10) years have elapsed from the date of the offense;
or ii.
Five (5) years have elapsed from the date of the offense;
(b) The person had not in the five (5) years prior to the filing of the petition for expungement been convicted of a felony or a misdemeanor;
(b) 1.
If the offense is subject to enhancement to a felony, the person had not in the ten (10) years prior to the filing of the petition for Page 2 of 4 SB003310.100 - 985 - XXXX GA UNOFFICIAL COPY 22 RS SB 33/GA expungement been convicted of a felony or a misdemeanor;
or 2.
The person had not in the five (5) years prior to the filing of the petition for expungement been convicted of a felony or a misdemeanor;
If the offense is subject to enhancement for a second or subsequent Page 2 of 4 BR098500.100 - 985 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 985 offense:
If the offense is subject to enhancement for a second or subsequent offense:
If the law does not specify a period for enhancement, five (5) years have elapsed from the date of the offense;
If the law does not specify a period for enhancement:
i.
If the offense is subject to enhancement to a felony, ten (10) years have elapsed from the date of the offense;
or ii.
Five (5) years have elapsed from the date of the offense;
(8) Copies of the order shall be sent to each agency or official named therein.
Page 3 of 4 SB003310.100 - 985 - XXXX GA UNOFFICIAL COPY 22 RS SB 33/GA (8) Copies of the order shall be sent to each agency or official named therein.
(10) This section shall be deemed to be retroactive, and any person who has been convicted of a misdemeanor prior to July 14, 1992, may petition the court in which he was convicted, or if he was convicted prior to the inception of the District Court to the District Court in the county where he now resides, for expungement of the record of one (1) misdemeanor offense or violation or a series of misdemeanor offenses or violations arising from a single incident, provided that the offense was Page 3 of 4 BR098500.100 - 985 - XXXX Jacketed UNOFFICIAL COPY 22 RS BR 985 not one specified in subsection (4) and that the offense was not the precursor offense of a felony offense for which he was subsequently convicted.
(10) This section shall be deemed to be retroactive, and any person who has been convicted of a misdemeanor prior to July 14, 1992, may petition the court in which he was convicted, or if he was convicted prior to the inception of the District Court to the District Court in the county where he now resides, for expungement of the record of one (1) misdemeanor offense or violation or a series of misdemeanor offenses or violations arising from a single incident, provided that the offense was not one specified in subsection (4) and that the offense was not the precursor offense of a felony offense for which he was subsequently convicted.
Page 4 of 4 BR098500.100 - 985 - XXXX Jacketed
Page 4 of 4 SB003310.100 - 985 - XXXX GA
View plain text versions (2)

Action History

  1. floor amendment (1) filed

  2. posted for passage in the Regular Orders of the Day for Tuesday, March 22, 2022

  3. 2nd reading, to Rules

  4. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  5. to Judiciary (H)

  6. to Committee on Committees (H)

  7. received in House

  8. 3rd reading, passed 32-4 with Floor Amendments (1) and (2)

  9. passed over and retained in the Orders of the Day

  10. floor amendment (2) filed

  11. passed over and retained in the Orders of the Day

  12. passed over and retained in the Orders of the Day

  13. floor amendment (1) filed

  14. passed over and retained in the Orders of the Day

  15. passed over and retained in the Orders of the Day

  16. posted for passage in the Regular Orders of the Day for Wednesday, January 26, 2022

  17. 2nd reading, to Rules

  18. reported favorably, 1st reading, to Calendar

  19. to Judiciary (S)

  20. to Committee on Committees (S)

  21. introduced in Senate

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 135 not signed on · 2 voted No

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (135)

135 members have not signed on to this bill.

Show all 135 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASS SB 33 W/ sfa1 sfa2

Passed 32 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16201
Democrat 2000
Republican 14201
Total 32402
% of votes cast 84%11%0%5%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Nemes — Yea
Thomas — Yea
Parrett — Yea
Turner — Yea
Hornback — Yea
Schroder — Yea
Westerfield — Yea
Castlen — Yea
Kerr — Yea
Smith — Yea
McGarvey — Yea
Southworth — Yea
Meredith — Yea
Yates — Yea
Schickel — Nay
Thayer — Nay
Embry — Not Voting
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Nay
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Nay
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Not Voting

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 33 do?
Amend KRS 431.078 to specify time periods for eligibility of enhanceable offenses.
Who sponsors SB 33?
SB 33 is sponsored by Jimmy Higdon (Republican), Gerald A. Neal (Democrat), and Brandon J. Storm (Republican).
What is the current status of SB 33?
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 33?
Track SB 33 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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