Senate Bill 1856

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 1856

    By Senator Holzendorf





    21-1462-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to expunction of criminal

  3         history records; creating the "Anderson C.

  4         Hill, II, and Karla Faye Tucker Forgiveness

  5         Act"; creating s. 943.0587, F.S.; providing for

  6         mandatory expunction of certain felony offense

  7         records upon application to the Department of

  8         Law Enforcement under specified circumstances

  9         when the offenses were committed by a person

10         under 22 years of age who has not committed any

11         additional felony offenses for at least 6

12         years; providing an exception for capital

13         felonies, life felonies, and felonies of the

14         first degree; providing for application for

15         expunction; providing for an application fee;

16         providing for adoption of rules by the

17         Department of Law Enforcement; providing for

18         construction; providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  This act may be cited as the "Anderson C.

23  Hill, II, and Karla Faye Tucker Forgiveness Act."

24         Section 2.  Section 943.0587, Florida Statutes, is

25  created to read:

26         943.0587  Mandatory expunction of certain felony

27  records upon application to department.--

28         (1)  APPLICATION; REQUIREMENTS.--Notwithstanding s.

29  943.0585, s. 943.059, or any other provision of law or rule to

30  the contrary, a person may seek to expunge criminal history

31  records of felony offenses by making application to the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1856
    21-1462-98                                              See HB




  1  Department of Law Enforcement for mandatory expunction of the

  2  felony records when all of the following requirements are met:

  3         (a)  Each of the felony offenses for which expunction

  4  of the criminal history record is sought is a felony of the

  5  second degree or felony of the third degree for which the

  6  person was convicted or had adjudication withheld. This

  7  section does not apply to criminal history records for

  8  offenses which are capital felonies, life felonies, or

  9  felonies of the first degree.

10         (b)  The person was under 22 years of age when the

11  person committed any of the felonies for which expunction of

12  the criminal history records is sought.

13         (c)  The person has not committed any additional felony

14  offense for a minimum period of 6 years since the date of

15  adjudication or adjudication withheld for the most recent

16  felony or the date the person was released from confinement

17  for the most recent felony from a detention facility, jail,

18  prison, or other correctional facility, whichever date is

19  later.  The 6-year period shall be deemed to include periods

20  during which the person was under any form of postrelease

21  correctional supervision.

22         (d)  The person has remitted a $75 processing fee to

23  the department for placement in the Department of Law

24  Enforcement Operating Trust Fund, unless such fee is waived by

25  the executive director.

26         (2)  APPLICATION GRANT; EFFECT.--Upon verification that

27  the requirements of subsection (1) have been met, the

28  department shall grant the application to expunge, and provide

29  for expungement of the records. The department shall act upon

30  the application to expunge the felony records, when granted,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1856
    21-1462-98                                              See HB




  1  as it would act upon an order to expunge the records had it

  2  been entered by a court.

  3         (3)  RULEMAKING.--The department shall, by rule adopted

  4  pursuant to chapter 120, establish procedures to implement

  5  this section, including procedures pertaining to verification

  6  and notification of the application for mandatory expunction

  7  of felony records.

  8         (4)  CONSTRUCTION.--This section shall be construed so

  9  that the courts of this state continue to have jurisdiction

10  over their own procedures, including the maintenance,

11  expunction, sealing, and correction of judicial records

12  containing criminal history information to the extent such

13  procedures are not inconsistent with the conditions,

14  responsibilities, and duties established by this section.

15         Section 3.  This act shall take effect July 1 of the

16  year in which enacted.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Creates the "Anderson C. Hill, II, and Karla Faye Tucker
21    Forgiveness Act." Provides for mandatory expunction of
      certain felony records upon application to the Department
22    of Law Enforcement, under specified circumstances when
      the offenses were committed by a person under 22 years of
23    age who has not committed any additional felony offense
      for at least 6 years. Provides an exception for capital
24    felonies, life felonies, and felonies of the first
      degree. Provides for application for expunction. Provides
25    for an application fee. Provides for adoption of rules by
      the Department of Law Enforcement. Provides for
26    construction.

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