SB2726112th GA (Historical)Introduced

Amends TCA Title 16, Chapter 18, Part 3 and Title 40.

This bill adds expunction of a conviction for a violation of a municipal ordinance to the jurisdiction of municipal courts. <br /> <br /> Present law establishes the jurisdiction of municipal courts. Generally municipal court possesses jurisdiction: in and over cases for violation of the laws and ordinances of the municipality or rising under the laws and ordinances of the municipality; and to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of a state criminal statute, if the state criminal statute mirrored, duplicated or cross-referenced is a Class C misdemeanor and the maximum penalty prescribed by municipal law or ordinance is a civil fine not in excess of $50.00.<br /> <br /> This bill adds that the court has jurisdiction over the expunction of a conviction for a violation of a municipal ordinance from a person's record in the municipal court upon the person's petition requesting removal of a public record of a violation of a municipal ordinance that satisfactorily demonstrates to the court that the petitioner merits such relief. Under this bill, expunction of a person's record in a municipal court will be in the sound discretion of the court and based upon the court's direct observation of the credibility of the petitioner and the petitioner's demonstrated reputation for honesty, respectability, and veracity in the community and what is fair and equitable under the circumstances.<br /> <br /> Jurisdiction under this bill will be limited to the record in that municipal court. The jurisdiction will not extend to records of the department of safety relating to driver records or the driver improvement program established in present law.<br />

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Overview

This bill adds expunction of a conviction for a violation of a municipal ordinance to the jurisdiction of municipal courts. <br /> <br /> Present law establishes the jurisdiction of municipal courts. Generally municipal court possesses jurisdiction: in and over cases for violation of the laws and ordinances of the municipality or rising under the laws and ordinances of the municipality; and to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of a state criminal statute, if the state criminal statute mirrored, duplicated or cross-referenced is a Class C misdemeanor and the maximum penalty prescribed by municipal law or ordinance is a civil fine not in excess of $50.00.<br /> <br /> This bill adds that the court has jurisdiction over the expunction of a conviction for a violation of a municipal ordinance from a person's record in the municipal court upon the person's petition requesting removal of a public record of a violation of a municipal ordinance that satisfactorily demonstrates to the court that the petitioner merits such relief. Under this bill, expunction of a person's record in a municipal court will be in the sound discretion of the court and based upon the court's direct observation of the credibility of the petitioner and the petitioner's demonstrated reputation for honesty, respectability, and veracity in the community and what is fair and equitable under the circumstances.<br /> <br /> Jurisdiction under this bill will be limited to the record in that municipal court. The jurisdiction will not extend to records of the department of safety relating to driver records or the driver improvement program established in present law.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 2, 2022

Subjects
115516861105

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