Bill Amendment: FL S0860 | 2018 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Criminal History Records

Status: 2018-03-10 - Died in Judiciary [S0860 Detail]

Download: Florida-2018-S0860-Senate_Committee_Substitue_Amendment_935236_Amendment_922282_.html

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       Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 860
       
       
       
       
       
       
                                Ì935236.Î935236                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/29/2018           .                                
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       The Committee on Criminal Justice (Bracy) recommended the
       following:
       
    1         Senate Substitute for Amendment (922282) 
    2  
    3         Delete lines 17 - 34
    4  and insert:
    5         (1) The Criminal Justice Information Program shall
    6  administratively seal the criminal history records pertaining to
    7  an arrest or incident of alleged criminal activity of a minor
    8  charged with a felony, misdemeanor, or violation of a comparable
    9  rule or ordinance by a state, county, municipal, or other law
   10  enforcement agency upon notification by the clerk of the court,
   11  pursuant to s. 943.052(2), that all the charges related to the
   12  arrest or incident of alleged criminal activity were declined to
   13  be filed by the state attorney or statewide prosecutor, were
   14  dismissed or nolle prosequi before trial, or resulted in a
   15  judgment of acquittal or a verdict of not guilty at trial and
   16  that all appeals by the prosecution have been exhausted or the
   17  time to file an appeal has expired.
   18         (2) The sealing under this section of a criminal history
   19  record has the same effect as a sealing under s. 943.059(4).
   20         (3) Sealing granted under this section does not prevent the
   21  minor who receives such relief from petitioning for the
   22  expunction or sealing of a criminal history record as provided
   23  for in ss. 943.0582, 943.0583, 943.0585, and 943.059, if the
   24  minor is otherwise eligible under those sections.
   25         Section 2. This act shall take effect July 1, 2018, but
   26  only if SB 862 or similar legislation takes effect, if such