Bill Text: FL S0860 | 2018 | Regular Session | Comm Sub

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Bill Title: Criminal History Records

Spectrum: Bipartisan Bill

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

Download: Florida-2018-S0860-Comm_Sub.html

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       Florida Senate - 2018                              CS for SB 860
       
       
        
       By the Committee on Criminal Justice; and Senator Bracy
       
       
       
       
       
       591-02587-18                                           2018860c1
    1                        A bill to be entitled                      
    2         An act relating to criminal history records; creating
    3         s. 943.0586, F.S.; requiring the Criminal Justice
    4         Information Program to administratively seal the
    5         criminal history records of a minor upon notification
    6         by the clerk of the court under specified
    7         circumstances; providing applicability for the
    8         administrative sealing of specified criminal history
    9         records; providing a contingent effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 943.0586, Florida Statutes, is created
   14  to read:
   15         943.0586 Administrative sealing of criminal history records
   16  of minors.—
   17         (1) The Criminal Justice Information Program shall
   18  administratively seal the criminal history records pertaining to
   19  an arrest or incident of alleged criminal activity of a minor
   20  charged with a felony, misdemeanor, or violation of a comparable
   21  rule or ordinance by a state, county, municipal, or other law
   22  enforcement agency upon notification by the clerk of the court,
   23  pursuant to s. 943.052(2), that all the charges related to the
   24  arrest or incident of alleged criminal activity were declined to
   25  be filed by the state attorney or statewide prosecutor, were
   26  dismissed or nolle prosequi before trial, or resulted in a
   27  judgment of acquittal or a verdict of not guilty at trial and
   28  that all appeals by the prosecution have been exhausted or the
   29  time to file an appeal has expired.
   30         (2) The sealing under this section of a criminal history
   31  record has the same effect as a sealing under s. 943.059(4).
   32         (3) Sealing granted under this section does not prevent the
   33  minor who receives such relief from petitioning for the
   34  expunction or sealing of a criminal history record as provided
   35  for in ss. 943.0582, 943.0583, 943.0585, and 943.059, if the
   36  minor is otherwise eligible under those sections.
   37         Section 2. This act shall take effect July 1, 2018, but
   38  only if SB 862 or similar legislation takes effect, if such
   39  legislation is adopted in the same legislative session or an
   40  extension thereof and becomes law.