HB0266Enacted

Amends TCA Title 40.

Present law requires, with certain exceptions, that all prosecutions for misdemeanors be commenced within the 12 months after the offense has been committed, except gaming, which must be commenced within six months. The present law exceptions to this are:<br /> <br /> This bill requires a court to automatically dismiss a pending misdemeanor charge if a final verdict has not been rendered within three years after the offense has been committed, unless the district attorney general can show good cause for the delay or the defendant has been charged with a subsequent misdemeanor or felony within the three-year period following the original offense.<br /> <br /> This bill also requires the automatic expunction of a nonviolent misdemeanor charge or conviction, as determined by the judge at the time of sentencing, if the defendant is not charged with any subsequent offenses within three years of the initial charge. The clerk of the court in coordination with the Tennessee bureau of investigation must expunge the records in an expedited manner. <br /> <br /> ON MARCH 28, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 266, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill and requires a judge, at the time of sentencing, to notify a person convicted of a misdemeanor offense that is eligible for expunction of:<br /> <br /> (1) The person's eligibility to have all public records of the conviction destroyed as provided in present law; and<br /> (2) The time period after which the person can petition for expunction of the offense.<br /> <br />

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Overview

Present law requires, with certain exceptions, that all prosecutions for misdemeanors be commenced within the 12 months after the offense has been committed, except gaming, which must be commenced within six months. The present law exceptions to this are:<br /> <br /> This bill requires a court to automatically dismiss a pending misdemeanor charge if a final verdict has not been rendered within three years after the offense has been committed, unless the district attorney general can show good cause for the delay or the defendant has been charged with a subsequent misdemeanor or felony within the three-year period following the original offense.<br /> <br /> This bill also requires the automatic expunction of a nonviolent misdemeanor charge or conviction, as determined by the judge at the time of sentencing, if the defendant is not charged with any subsequent offenses within three years of the initial charge. The clerk of the court in coordination with the Tennessee bureau of investigation must expunge the records in an expedited manner. <br /> <br /> ON MARCH 28, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 266, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill and requires a judge, at the time of sentencing, to notify a person convicted of a misdemeanor offense that is eligible for expunction of:<br /> <br /> (1) The person's eligibility to have all public records of the conviction destroyed as provided in present law; and<br /> (2) The time period after which the person can petition for expunction of the offense.<br /> <br />

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Sponsor

Shaw, Johnny

Details
Session

111th General Assembly

Introduced

January 29, 2019

Last Action

May 9, 2019

Pub. Ch. 244

Subjects
Criminal ProcedureSentencingJudges and ChancellorsCourtsStatutes of Limitations and ReposeCriminal OffensesExpunction

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