IN SB0235 | 2019 | Regular Session
Status
Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: Passed on May 6 2019 - 100% progression
Action: 2019-05-06 - Signed by the Governor
Text: Latest bill text (Enrolled) [PDF]
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: Passed on May 6 2019 - 100% progression
Action: 2019-05-06 - Signed by the Governor
Text: Latest bill text (Enrolled) [PDF]
Summary
Expungements. Defines "collateral action" as an action that is factually or legally related to an arrest, a criminal charge, a delinquency allegation, a criminal conviction, or a delinquency adjudication. Specifies that certain information relating to: (1) an arrest; and (2) a collateral action is required to be sealed or marked expunged if a petition for expungement is granted. Specifies that an amendment affecting the information required to be expunged, marked as expunged, or otherwise sealed or restricted does not apply to an expungement order granted before the effective date of the amendment. Sets forth a procedure for a person to file a petition for a supplemental order of expungement. Provides that a person convicted of a felony that resulted in death to another person may not seek expungement of that felony. Strikes and relocates a provision relating to certain nonpublic records maintained by a law enforcement agency, and specifies that this provision also applies to records maintained by a public defender agency. Establishes a method for a person to expunge a protection order if the petition for a protection order is dismissed or denied. Requires an IDACS coordinator to remove the name of a respondent from the Indiana protective order registry when the IDACS coordinator receives notice from the county clerk that the protective order against the respondent has been dismissed.
Title
Expungements. Defines "collateral action" as an action that is factually or legally related to an arrest, a criminal charge, a delinquency allegation, a criminal conviction, or a delinquency adjudication. Specifies that certain information relating to: (1) an arrest; and (2) a collateral action is required to be sealed or marked expunged if a petition for expungement is granted. Specifies that an amendment affecting the information required to be expunged, marked as expunged, or otherwise sealed or restricted does not apply to an expungement order granted before the effective date of the amendment. Sets forth a procedure for a person to file a petition for a supplemental order of expungement. Provides that a person convicted of a felony that resulted in death to another person may not seek expungement of that felony. Strikes and relocates a provision relating to certain nonpublic records maintained by a law enforcement agency, and specifies that this provision also applies to records maintained by a public defender agency. Establishes a method for a person to expunge a protection order if the petition for a protection order is dismissed or denied. Requires an IDACS coordinator to remove the name of a respondent from the Indiana protective order registry when the IDACS coordinator receives notice from the county clerk that the protective order against the respondent has been dismissed.
Sponsors
| Sen. Aaron Freeman [R] | Sen. Michael Young [R] | Sen. James Buck [R] | Sen. Lonnie Randolph [D] |
| Sen. Eric Koch [R] | Rep. John Young [R] | Rep. Gregory Steuerwald [R] |
Roll Calls
2019-04-17 - Senate - Senate - Senate concurred in House amendments (Y: 38 N: 8 NV: 2 Abs: 2) [PASS]
2019-04-09 - House - House - Third reading (Y: 65 N: 30 NV: 1 Abs: 4) [PASS]
2019-04-03 - House - House - Committee Vote (Y: 8 N: 3 NV: 0 Abs: 2) [PASS]
2019-01-31 - Senate - Third reading (Y: 46 N: 3 NV: 0 Abs: 1) [PASS]
2019-01-15 - Senate - Senate - Committee Vote (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2019-04-09 - House - House - Third reading (Y: 65 N: 30 NV: 1 Abs: 4) [PASS]
2019-04-03 - House - House - Committee Vote (Y: 8 N: 3 NV: 0 Abs: 2) [PASS]
2019-01-31 - Senate - Third reading (Y: 46 N: 3 NV: 0 Abs: 1) [PASS]
2019-01-15 - Senate - Senate - Committee Vote (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2019-05-06 | Senate | Signed by the Governor |
| 2019-05-05 | Senate | Public Law 219 |
| 2019-04-30 | Senate | Signed by the President of the Senate |
| 2019-04-23 | House | Signed by the Speaker |
| 2019-04-18 | Senate | Signed by the President Pro Tempore |
| 2019-04-17 | Senate | Senate concurred in House amendments; Roll Call 520: yeas 38, nays 8 |
| 2019-04-17 | Senate | Senator Koch added as coauthor |
| 2019-04-15 | Senate | Motion to concur filed |
| 2019-04-11 | House | Returned to the Senate with amendments |
| 2019-04-09 | House | Third reading: passed; Roll Call 449: yeas 65, nays 30 |
| 2019-04-08 | House | Amendment #2 (Beck) failed; voice vote |
| 2019-04-08 | House | Amendment #1 (Young J) prevailed; voice vote |
| 2019-04-08 | House | Second reading: amended, ordered engrossed |
| 2019-04-04 | House | Committee report: amend do pass, adopted |
| 2019-02-26 | House | First reading: referred to Committee on Courts and Criminal Code |
| 2019-02-01 | Senate | Referred to the House |
| 2019-01-31 | Senate | Cosponsor: Representative Steuerwald |
| 2019-01-31 | Senate | House sponsor: Representative Young J |
| 2019-01-31 | Senate | Third reading: passed; Roll Call 53: yeas 46, nays 3 |
| 2019-01-29 | Senate | Amendment #1 (Freeman) prevailed; voice vote |
| 2019-01-29 | Senate | Second reading: amended, ordered engrossed |
| 2019-01-24 | Senate | Senator Randolph added as coauthor |
| 2019-01-22 | Senate | Senator Buck added as third author |
| 2019-01-16 | Senate | Committee report: amend do pass, adopted |
| 2019-01-03 | Senate | First reading: referred to Committee on Corrections and Criminal Law |
| 2019-01-03 | Senate | Authored by Senators Freeman and Young M |
