House File 2379 H-8097 Amend House File 2379 as follows: 1 1. Page 1, line 4, after < judgment > by inserting 2 < or any other criminal record that > 3 2. Page 2, line 1, after < 4. > by inserting < a. > 4 3. Page 2, line 11, after < offense. > by inserting: 5 < b. > 6 4. Page 2, after line 31 by inserting: 7 < c. A dismissed count or related charge shall be 8 expunged pursuant to the provisions of paragraph “b” in 9 the following manner: 10 (1) A count which was contained in the indictment, 11 information, or complaint that resulted in the deferred 12 judgment shall be expunged when the deferred judgment 13 is expunged. 14 (2) A related charge that was not contained in the 15 indictment, information, or complaint that resulted in 16 the deferred judgment shall only be expunged upon a 17 court order that identifies the related charge to be 18 expunged. 19 d. A count or related charge that was dismissed 20 shall not be expunged pursuant to paragraph “c” in 21 any case in which a count or charge resulted in a 22 conviction that was not expunged. 23 e. The provisions of paragraph “c” apply whether 24 the deferred judgment was expunged prior to the 25 effective date of this Act, or on or after the 26 effective date of this Act. 27 f. The provisions of paragraph “b” that require 28 payment of financial obligations as a condition 29 for expungement of a deferred judgment apply to any 30 deferred judgment that has not been expunged prior to 31 the effective date of this Act. 32 g. For purposes of this subsection, a charge 33 or count is related to another charge or count if 34 the charge or count arose from the same transaction 35 or occurrence or from two or more transactions or 36 occurrences constituting parts of a common scheme or 37 plan. 38 Sec. ___. APPLICABILITY AND COMPLIANCE. The 39 judicial branch shall have until July 1, 2013, to 40 comply with the provisions of this Act on expungement 41 of the court’s record of a dismissed count or related 42 charge. > 43 5. Title page, line 1, after < records > by inserting 44 < , and including applicability provisions > 45 ______________________________ ANDERSON of Page -1- HF2379.4533 (1) 84 jm/rj 1/ 2 #1. #2. #3. #4. #5.
______________________________ WOLFE of Clinton -2- HF2379.4533 (1) 84 jm/rj 2/ 2