HB0560In Committee

Amends TCA Title 40.

Under present law, all public records of a person who has been charged with a misdemeanor or a felony must, upon petition by that person to the court having jurisdiction in the previous action, be removed and destroyed without cost to the person if the charge has been dismissed, a no true bill was returned by a grand jury, or the person was arrested and released without being charged. Certain misdemeanors committed by a person who was convicted on or after November 1, 1989, are excluded from consideration, such as violation of a protective or restraining order, child abuse (where the child is between ages seven-17), and a nonparent providing a handgun to a juvenile.<br /> <br /> This bill removes the following offenses from the misdemeanors that are ineligible for expunction, thereby permitting persons with convictions for such offenses to have their records expunged if all other requirements are met:<br /> <br /> (1) Assault consisting of intentionally, knowingly or recklessly causing bodily injury to another; or intentionally or knowingly causing another to reasonably fear imminent bodily injury;<br /> (2) Aggravated assault of public employee;<br /> (3) Reckless burning;<br /> (4) Aggravated criminal trespass of a habitation, hospital, or on the campus of any public or private school, or on railroad property;<br /> (5) Enticing a child to purchase intoxicating liquor - purchasing alcoholic beverage for child;<br /> (6) Allowing person ages 18-21 to consume alcohol on person's premises;<br /> (7) Harboring or hiding a runaway child;<br /> (8) Unlawful dispensing of immediate methamphetamine precursor, sale of meth precursor to person on methamphetamine registry or purchase by someone on registry, possess meth precursor with intent to sell to another for unlawful use, purchase meth precursor for another for unlawful use, purchase meth precursor at different times and places to circumvent limits, and use false ID to purchase meth precursor for purpose of circumventing limits;<br /> (9) Using substance or device to falsify drug test results and selling synthetic urine;<br /> (10) Possession of the hallucinogenic plant Salvia Divinorum or the synthetic cannabinoids;<br /> (11) Violent felon owning or possessing vicious dog;<br /> (12) Assault (offensive or provocative physical contact);<br /> (13) Disseminating smoking paraphernalia to minor after three prior violations;<br /> (14) Misuse of official information by public servant;<br /> (15) Disorderly conduct at funerals; and<br /> (16) Possession of or consuming alcoholic beverages on K-12 school premises.<br /> <br />

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Overview

Under present law, all public records of a person who has been charged with a misdemeanor or a felony must, upon petition by that person to the court having jurisdiction in the previous action, be removed and destroyed without cost to the person if the charge has been dismissed, a no true bill was returned by a grand jury, or the person was arrested and released without being charged. Certain misdemeanors committed by a person who was convicted on or after November 1, 1989, are excluded from consideration, such as violation of a protective or restraining order, child abuse (where the child is between ages seven-17), and a nonparent providing a handgun to a juvenile.<br /> <br /> This bill removes the following offenses from the misdemeanors that are ineligible for expunction, thereby permitting persons with convictions for such offenses to have their records expunged if all other requirements are met:<br /> <br /> (1) Assault consisting of intentionally, knowingly or recklessly causing bodily injury to another; or intentionally or knowingly causing another to reasonably fear imminent bodily injury;<br /> (2) Aggravated assault of public employee;<br /> (3) Reckless burning;<br /> (4) Aggravated criminal trespass of a habitation, hospital, or on the campus of any public or private school, or on railroad property;<br /> (5) Enticing a child to purchase intoxicating liquor - purchasing alcoholic beverage for child;<br /> (6) Allowing person ages 18-21 to consume alcohol on person's premises;<br /> (7) Harboring or hiding a runaway child;<br /> (8) Unlawful dispensing of immediate methamphetamine precursor, sale of meth precursor to person on methamphetamine registry or purchase by someone on registry, possess meth precursor with intent to sell to another for unlawful use, purchase meth precursor for another for unlawful use, purchase meth precursor at different times and places to circumvent limits, and use false ID to purchase meth precursor for purpose of circumventing limits;<br /> (9) Using substance or device to falsify drug test results and selling synthetic urine;<br /> (10) Possession of the hallucinogenic plant Salvia Divinorum or the synthetic cannabinoids;<br /> (11) Violent felon owning or possessing vicious dog;<br /> (12) Assault (offensive or provocative physical contact);<br /> (13) Disseminating smoking paraphernalia to minor after three prior violations;<br /> (14) Misuse of official information by public servant;<br /> (15) Disorderly conduct at funerals; and<br /> (16) Possession of or consuming alcoholic beverages on K-12 school premises.<br /> <br />

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Sponsor

Camper, Karen

Details
Session

111th General Assembly

Introduced

February 4, 2019

Last Action

May 27, 2020

Taken off notice for cal in s/c Constitutional Protections & Sentencing Subcommittee of Judiciary Committee

Subjects
ExpunctionCriminal Offenses

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