|
S.F. No. 0088 |
Expungement of nonviolent felonies. |
Sponsored
By: Senator(s) Burns, Case, Hastert, Ross and
Schiffer and Representative(s) Berger, Lubnau, Pedersen, Shepperson, Stubson,
Throne and Zwonitzer, Dn.
AN ACT relating to crimes and punishment; providing a
process for expungement of convictions for specified felonies; providing for restoration
of rights as specified; providing definitions; amending related provision on
the rights of victims as specified; and providing for an effective date.
1/10/2011 Bill Number Assigned
1/11/2011 S Received for Introduction
1/12/2011 S Introduced and Referred to S01
1/24/2011 S01 Recommended Amend and Do Pass
ROLL CALL
Ayes:
Senator(s) Burns, Esquibel, F. and Hicks
Nays:
Senator(s) Christensen and Perkins
Ayes 3 Nays
2 Excused 0 Absent 0 Conflicts
0
1/24/2011 S Placed on General File
SF0088SS001/ADOPTED
Page 1-line 3 After "felonies;" insert "providing
for restoration of rights as specified;".
Page 1-line 12 After "definitions" insert ";
restoration of rights".
Page 2-line 23 Delete "one hundred dollars
($100.00)" insert "three hundred dollars ($300.00)".
Page 6-before
line 2 Insert and renumber:
"(m) An
expungement of records pursuant to this section shall restore any rights
removed as a result of the conviction for which the expungement has been
granted. An expungement granted under this section shall not restore rights to
a person convicted of a sexual assault violation pursuant to W.S. 6‑2‑301
through 6‑2‑320.".
PERKINS, CHAIRMAN
1/25/2011 S
Passed CoW
SF0088S2001/ADOPTED
Page 2-line 8 After "program" insert "or
restitution". MEIER, BURNS
SF0088S2002/FAILED
Page 5-line 7 After "investigation."
insert "The court shall also inform the petitioner in writing that if he
is asked whether or not he has been convicted of a felony he should answer no
unless he is convicted of another felony.". SCOTT, BURNS
1/26/2011 S
Passed 2nd
SF0088S3001.01/ADOPTED
(CORRECTED COPY)
Page
1-line 3 After "definitions;"
insert "amending related provision on the rights of victims as specified;".
Page 6-after line
13 Insert and renumber:
"Section
2. W.S. 1‑40‑204(b) by creating a new paragraph (xi)
is amended to read:
1‑40‑204. Rights of
victims and witnesses to be informed during the criminal justice process.
(b) Victims and key witnesses of a
criminal act shall be informed in writing by the prosecuting attorney about:
(xi) The right to be notified
that the offender has filed a petition for expungement of the records of
conviction and advance notice of any hearing or proceeding thereon.". PERKINS
SF0088S3001.02/FAILED
(CORRECTED COPY)
Page
2-after line 17 Insert and renumber:
"(iv) The
petitioner has not filed a petition for expungement of the records of
conviction under this section during the ten (10) year period immediately
preceding the date on which the petition is filed.". PERKINS
1/27/2011 S
Passed 3rd
ROLL CALL
Ayes:
Senator(s) Anderson, Barnard, Bebout, Burns, Case, Christensen, Coe,
Cooper, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks,
Hines, Jennings, Johnson, Landen, Martin, Meier, Nicholas, P., Nutting,
Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Ayes 30 Nays
0 Excused 0 Absent 0 Conflicts
0
1/28/2011 H
Received for Introduction
2/1/2011 H
Introduced and Referred to H01
2/7/2011 H01
Recommended Amend and Do Pass
ROLL CALL
Ayes:
Representative(s) Brown, Cannady, Greene, Nicholas, B. and Throne
Nays:
Representative(s) Barbuto, Brechtel, Krone and Peasley
Ayes 5 Nays
4 Excused 0 Absent 0 Conflicts
0
2/7/2011 H Placed on General File
SF0088HS001/ADOPTED
(TO ENGROSSED COPY)
Page 2-lines 7
through 10 Delete entirely and insert:
"(i) At
least ten (10) years have passed since:
(A) The
expiration of the terms of sentence imposed by the court, including any periods
of probation;
(B) The completion
of any program ordered by the court; and
(C) Any
restitution ordered by the court has been paid in full.".
Page 3-line 2 Delete "5‑9‑144"
insert "5‑3‑205".
Page 3-line 4 After "shall" insert ",
within thirty (30) days of service upon him,".
Page 3-line 24 Delete "thirty (30)" insert "sixty
(60)".
Page 4-line 4 Delete "thirty (30)" insert
"sixty (60)".
Page 4-line 17 Delete "thirty (30)" insert "sixty
(60)".
Page 4-line 22 Delete "thirty (30)" insert "sixty
(60)".
Page 7-line 10 Delete "be notified" insert "request notification". BROWN, CHAIRMAN
SF0088HW001/ADOPTED
(CORRECTED COPY) (TO ENGROSSED
COPY)
Page 1-Above
line 1 In the catch title delete "nonviolent".
Page 1-line 2 Delete "nonviolent" insert "specified".
Page 1-line 13 Delete "nonviolent" insert "certain".
Page 2-line 1 Delete "nonviolent".
Page 2-line 2 Delete "nonviolent"; after "felonies"
insert "subject to expungement under this section".
Page 2-line 17 Delete "nonviolent felony or
nonviolent" insert "felony or".
Page 2-line 19 Delete "." insert ";".
Page 2-After
line 19 Insert:
"(iv) Felonies
subject to expungement under this section shall not include:
(A) Violent
felonies as defined in W.S. 6‑1‑104(a)(xii);
(B) Any offense
punishable under W.S. 6‑2‑106(b);
(C) Any offense
punishable under W.S. 6‑2‑108;
(D) Any offense
punishable under W.S. 6‑2‑301 through 6‑2‑320;
(E) Any offense
punishable under W.S. 6‑2‑501(f);
(F) Any offense
punishable under W.S. 6‑2‑503;
(G) Any offense
punishable under W.S. 6‑2‑508(b);
(H) Any offense punishable
under W.S. 6‑3‑111;
(J) Any offense
punishable under W.S. 6‑4‑103;
(K) Any offense
punishable under W.S. 6‑4‑303(b)(i) through (iii);
(M) Any offense
punishable under W.S.6‑5‑102;
(N) Any offense
punishable under W.S. 6‑5‑204(b) or (c);
(O) Any offense
punishable under W.S. 6‑5‑206 or 6‑5‑207;
(P) Any offense
punishable under W.S. 6‑5‑301;
(Q) Any offense
punishable under W.S. 6‑8‑101 through 6‑8‑103;
(R) Any offense
subject to registration under W.S. 7‑19‑302(g) through (j);
(S) Any offense
punishable as a felony under W.S. 31‑5‑233; or
(T) Any offense
punishable as a felony under W.S. 35‑7‑1031(a) through (c) or
35-7-1036.".
Page 6-line 6 Delete "An".
Page 6-lines 7
through 9 Delete entirely.
Page 6-lines
16 through 19 Delete entirely and
renumber as necessary. LUBNAU, BUCHANAN
2/16/2011 H
Passed CoW
SF0088H2001/ADOPTED
(TO ENGROSSED COPY)
Page 2-After
line 19 In the Lubnau et al. committee
of the whole amendment (SF0088HW001/AE) to this line after "6‑4‑303(b)(i)
through (iii);" insert:
"(M) Any
offense punishable under W.S. 6‑4‑402(b);
(N) Any
offense punishable under W.S. 6‑4‑405;".
Page 3-line 24 Delete the standing committee
amendment (SF0088HS001/AE) to this line; delete "thirty (30)" insert "ninety
(90)".
Page 4-line 4 Delete the standing committee
amendment (SF0088HS001/AE) to this line; delete "thirty (30)" insert "ninety
(90)".
Page 4-line 17 Delete the standing committee
amendment (SF0088HS001/AE) to this line; delete "thirty (30)" insert "ninety
(90)".
Page 4-line 22 Delete the standing committee
amendment (SF0088HS001/AE) to this line; delete "thirty (30)" insert "ninety
(90)".
Renumber as
necessary. GINGERY
2/17/2011 H
Passed 2nd
2/18/2011 H
Passed 3rd
ROLL CALL
Ayes:
Representative(s) Berger, Blake, Blikre, Bonner, Botten, Brown,
Buchanan, Byrd, Campbell, Cannady, Childers, Connolly, Craft, Eklund, Esquibel,
K., Freeman, Gingery, Goggles, Greear, Greene, Harshman, Harvey, Illoway,
Kasperik, Lockhart, Loucks, Lubnau, Madden, McOmie, Moniz, Nicholas, B.,
Patton, Pederson, Petersen, Petroff, Roscoe, Semlek, Shepperson, Stubson,
Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays:
Representative(s) Barbuto, Brechtel, Burkhart,
Excused:
Representative(s) Davison and Gay
Ayes 43 Nays
15 Excused 2 Absent 0 Conflicts
0
2/18/2011 S Received for Concurrence
2/22/2011 S Did Concur
ROLL CALL
Ayes:
Senator(s) Anderson, Barnard, Burns, Christensen, Coe, Cooper,
Dockstader, Hastert, Hines, Johnson, Martin, Meier, Nutting, Perkins, Peterson,
Schiffer and Von Flatern
Nays:
Senator(s) Bebout, Case, Driskill, Esquibel, F., Geis, Hicks,
Excused:
Senator(s) Emerich
Ayes 17 Nays
12 Excused 1 Absent 0 Conflicts
0
2/22/2011 Assigned
Number SEA No. 0046
2/22/2011 S
President Signed SEA No. 0046
2/22/2011 H
Speaker Signed SEA No. 0046
2/24/2011 Governor
Signed SEA No. 0046
2/24/2011 Assigned
Chapter Number
Chapter
No. 0069 Session Laws of Wyoming 2011