SB 33 — AN ACT relating to expungement.
Last action — floor amendment (1) filed
-
✓Introduced
-
✓In Committee
-
3Passed Senate
-
4Passed House
-
5To Executive
-
6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed76 line(s) added, 66 removed.
UNOFFICIAL COPY 22 RS BRSB 98533/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 BR098500.100SB003310.100 - 985 - XXXX JacketedGA UNOFFICIAL COPY 22 RS BRSB 98533/GA any other agency or official, including law enforcement records, if at the hearing the court finds that:
(b) The1. 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 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,enhancement: five (5) years have elapsed from the date of the offense;
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) The1. 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 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 law does not specify a period for enhancement,enhancement: five (5) years have elapsed from the date of the offense;
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;
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.
Page 4 of 4 BR098500.100SB003310.100 - 985 - XXXX JacketedGA
Action History
-
floor amendment (1) filed
-
posted for passage in the Regular Orders of the Day for Tuesday, March 22, 2022
-
2nd reading, to Rules
-
reported favorably, 1st reading, to Calendar with Committee Substitute (1)
-
to Judiciary (H)
-
to Committee on Committees (H)
-
received in House
-
3rd reading, passed 32-4 with Floor Amendments (1) and (2)
-
passed over and retained in the Orders of the Day
-
floor amendment (2) filed
-
passed over and retained in the Orders of the Day
-
passed over and retained in the Orders of the Day
-
floor amendment (1) filed
-
passed over and retained in the Orders of the Day
-
passed over and retained in the Orders of the Day
-
posted for passage in the Regular Orders of the Day for Wednesday, January 26, 2022
-
2nd reading, to Rules
-
reported favorably, 1st reading, to Calendar
-
to Judiciary (S)
-
to Committee on Committees (S)
-
introduced in Senate
Sponsors
- Jimmy Higdon · Primary
- Gerald A. Neal · Primary
- Brandon J. Storm · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 0 co-sponsors · 135 not signed on · 2 voted No
Sponsors (3)
- Jimmy Higdon Republican
- Gerald A. Neal Democrat
- Brandon J. Storm Republican
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 2 | 0 | 1 |
| Democrat | 2 | 0 | 0 | 0 |
| Republican | 14 | 2 | 0 | 1 |
| Total | 32 | 4 | 0 | 2 |
| % 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 |
Subjects
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.
Make your voice heard on SB 33
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 33
Last checked for changes 2 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →