| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb1298* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1298 | |
| 11 | 8 | M2, E2 2lr2134 | |
| 12 | - | CF | |
| 9 | + | CF 2lr3205 | |
| 13 | 10 | By: Delegates Ghrist, Carey, Mautz, and Otto | |
| 14 | 11 | Introduced and read first time: February 11, 2022 | |
| 15 | 12 | Assigned to: Judiciary | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 12, 2022 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | - | Natural Resources Criminal Procedure – Hunting and Fishing Offenses – 2 | |
| 25 | - | Expungement 3 | |
| 18 | + | Natural Resources – Hunting and Fishing Offenses – Expungement 2 | |
| 26 | 19 | ||
| 27 | - | FOR the purpose of authorizing a person to file a petition for expungement of certain | |
| 28 | - | criminal records based on a conviction for certain hunting or fishing offenses; | |
| 29 | - | authorizing a person to file a petition for expungement of certain administrative | |
| 30 | - | records for a conviction based on certain hunting offenses; and generally relating to | |
| 31 | - | expungement for hunting and fishing offenses. | |
| 20 | + | FOR the purpose of authorizing a person to file a petition for expungement of certain 3 | |
| 21 | + | criminal records based on a conviction for certain hunting or fishing offenses; 4 | |
| 22 | + | authorizing a person to file a petition for expungement of certain administrative 5 | |
| 23 | + | records for a conviction based on certain hunting offenses; and generally relating to 6 | |
| 24 | + | expungement for hunting and fishing offenses. 7 | |
| 32 | 25 | ||
| 33 | - | BY repealing and reenacting, with amendments, | |
| 34 | - | Article – Criminal Procedure | |
| 35 | - | Section 10–110(a) and (c) | |
| 36 | - | Annotated Code of Maryland | |
| 37 | - | (2018 Replacement Volume and 2021 Supplement) | |
| 26 | + | BY repealing and reenacting, with amendments, 8 | |
| 27 | + | Article – Criminal Procedure 9 | |
| 28 | + | Section 10–110(a) and (c) 10 | |
| 29 | + | Annotated Code of Maryland 11 | |
| 30 | + | (2018 Replacement Volume and 2021 Supplement) 12 | |
| 38 | 31 | ||
| 39 | - | BY repealing and reenacting, without amendments, | |
| 40 | - | Article – Natural Resources | |
| 41 | - | Section 4–1208 | |
| 42 | - | Annotated Code of Maryland | |
| 43 | - | (2018 Replacement Volume and 2021 Supplement) | |
| 32 | + | BY repealing and reenacting, without amendments, 13 | |
| 33 | + | Article – Natural Resources 14 | |
| 34 | + | Section 4–1208 15 | |
| 35 | + | Annotated Code of Maryland 16 | |
| 36 | + | (2018 Replacement Volume and 2021 Supplement) 17 | |
| 44 | 37 | ||
| 45 | - | BY adding to 19 | |
| 46 | - | Article – Natural Resources 20 | |
| 47 | - | Section 10–1109 21 | |
| 48 | - | Annotated Code of Maryland 22 2 HOUSE BILL 1298 | |
| 38 | + | BY adding to 18 | |
| 39 | + | Article – Natural Resources 19 | |
| 40 | + | Section 10–1109 20 | |
| 41 | + | Annotated Code of Maryland 21 | |
| 42 | + | (2012 Replacement Volume and 2021 Supplement) 22 | |
| 43 | + | ||
| 44 | + | SECTION 1. BE IT ENACTED BY TH E GENERAL ASSEMBLY OF MARYLAND, 23 | |
| 45 | + | That the Laws of Maryland read as follows: 24 | |
| 46 | + | ||
| 47 | + | Article – Criminal Procedure 25 | |
| 48 | + | 2 HOUSE BILL 1298 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | ||
| 51 | + | 10–110. 1 | |
| 52 | 52 | ||
| 53 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2 | |
| 54 | - | That the Laws of Maryland read as follows: 3 | |
| 53 | + | (a) A person may file a petition listing relevant facts for expungement of a police 2 | |
| 54 | + | record, court record, or other record maintained by the State or a political subdivision of 3 | |
| 55 | + | the State if the person is convicted of: 4 | |
| 55 | 56 | ||
| 56 | - | ||
| 57 | + | (1) a misdemeanor that is a violation of: 5 | |
| 57 | 58 | ||
| 58 | - | ||
| 59 | + | (i) § 6–320 of the Alcoholic Beverages Article; 6 | |
| 59 | 60 | ||
| 60 | - | (a) A person may file a petition listing relevant facts for expungement of a police 6 | |
| 61 | - | record, court record, or other record maintained by the State or a political subdivision of 7 | |
| 62 | - | the State if the person is convicted of: 8 | |
| 61 | + | (ii) an offense listed in § 17–613(a) of the Business Occupations and 7 | |
| 62 | + | Professions Article; 8 | |
| 63 | 63 | ||
| 64 | - | (1) a misdemeanor that is a violation of: 9 | |
| 64 | + | (iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 9 | |
| 65 | + | the Business Regulation Article; 10 | |
| 65 | 66 | ||
| 66 | - | ( | |
| 67 | + | (iv) § 3–1508 or § 10–402 of the Courts Article; 11 | |
| 67 | 68 | ||
| 68 | - | ( | |
| 69 | - | ||
| 69 | + | (v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 12 | |
| 70 | + | Article; 13 | |
| 70 | 71 | ||
| 71 | - | (iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 13 | |
| 72 | - | the Business Regulation Article; 14 | |
| 72 | + | (vi) § 5–211 of this article; 14 | |
| 73 | 73 | ||
| 74 | - | ( | |
| 74 | + | (vii) § 3–203 or § 3–808 of the Criminal Law Article; 15 | |
| 75 | 75 | ||
| 76 | - | ( | |
| 77 | - | Article; 17 | |
| 76 | + | (viii) § 5–601 not involving the use or possession of marijuana, § 16 | |
| 77 | + | 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law Article; 17 | |
| 78 | 78 | ||
| 79 | - | (vi) § 5–211 of this article; 18 | |
| 79 | + | (ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 18 | |
| 80 | + | 6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 19 | |
| 80 | 81 | ||
| 81 | - | (vii) § 3–203 or § 3–808 of the Criminal Law Article; 19 | |
| 82 | + | (x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 20 | |
| 83 | + | Criminal Law Article; 21 | |
| 82 | 84 | ||
| 83 | - | ( | |
| 84 | - | ||
| 85 | + | (xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 22 | |
| 86 | + | 8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; 23 | |
| 85 | 87 | ||
| 86 | - | (ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 22 | |
| 87 | - | 6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 23 | |
| 88 | + | (xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; 24 | |
| 88 | 89 | ||
| 89 | - | ( | |
| 90 | - | Criminal Law Article; | |
| 90 | + | (xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 25 | |
| 91 | + | Criminal Law Article; 26 | |
| 91 | 92 | ||
| 92 | - | (xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 26 | |
| 93 | - | 8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; 27 | |
| 93 | + | (xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 27 | |
| 94 | 94 | ||
| 95 | - | (xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; 28 | |
| 95 | + | (xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 28 | |
| 96 | + | 12–204, § 12–205, or § 12–302 of the Criminal Law Article; 29 | |
| 96 | 97 | HOUSE BILL 1298 3 | |
| 97 | 98 | ||
| 98 | 99 | ||
| 99 | - | (xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 1 | |
| 100 | - | Criminal Law Article; 2 | |
| 100 | + | (xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 1 | |
| 101 | 101 | ||
| 102 | - | ( | |
| 102 | + | (xvii) § 4–509 of the Family Law Article; 2 | |
| 103 | 103 | ||
| 104 | - | (xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 4 | |
| 105 | - | 12–204, § 12–205, or § 12–302 of the Criminal Law Article; 5 | |
| 104 | + | (xviii) § 18–215 of the Health – General Article; 3 | |
| 106 | 105 | ||
| 107 | - | (xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 6 | |
| 106 | + | (xix) § 4–411 or § 4–2005 of the Housing and Community Development 4 | |
| 107 | + | Article; 5 | |
| 108 | 108 | ||
| 109 | - | (xvii) § 4–509 of the Family Law Article; 7 | |
| 109 | + | (xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 6 | |
| 110 | + | 27–407.1, or § 27–407.2 of the Insurance Article; 7 | |
| 110 | 111 | ||
| 111 | - | (xviii) § 18–215 of the Health – General Article; 8 | |
| 112 | + | (xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 8 | |
| 113 | + | 8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 9 | |
| 114 | + | limits for personal watercraft; 10 | |
| 112 | 115 | ||
| 113 | - | ( | |
| 114 | - | ||
| 116 | + | (XXII) TITLE 4 OF THE NATURAL RESOURCES ARTICLE OR ANY 11 | |
| 117 | + | REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE; 12 | |
| 115 | 118 | ||
| 116 | - | ( | |
| 117 | - | ||
| 119 | + | (XXIII) TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR 13 | |
| 120 | + | ANY REGULATIONS ADOP TED UNDER THE AUTHOR ITY OF THAT TITLE; 14 | |
| 118 | 121 | ||
| 119 | - | (xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 13 | |
| 120 | - | 8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 14 | |
| 121 | - | limits for personal watercraft; 15 | |
| 122 | + | [(xxii)] (XXIV) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of 15 | |
| 123 | + | the Public Safety Article; 16 | |
| 122 | 124 | ||
| 123 | - | (XXII) TITLE 4 § 10–301, § 10–306, § 10–308.1, § 16 | |
| 124 | - | 10–413(E)(1), § 10–418, § 10–502, § 10–611, OR § 10–907(A) OF THE NATURAL 17 | |
| 125 | - | RESOURCES ARTICLE OR ANY REGULATIONS ADOPTED UNDER THE AUTHORITY OF 18 | |
| 126 | - | THAT TITLE; 19 | |
| 125 | + | [(xxiii)] (XXV) § 7–318.1, § 7–509, or § 10–507 of the Real Property 17 | |
| 126 | + | Article; 18 | |
| 127 | 127 | ||
| 128 | - | (XXIII) TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR 20 | |
| 129 | - | ANY REGULATIONS ADOP TED UNDER THE AUTHOR ITY OF THAT TITLE; 21 | |
| 128 | + | [(xxiv)] (XXVI) § 9–124 of the State Government Article; 19 | |
| 130 | 129 | ||
| 131 | - | [( | |
| 132 | - | ||
| 130 | + | [(xxv)] (XXVII) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of 20 | |
| 131 | + | the Tax – General Article; 21 | |
| 133 | 132 | ||
| 134 | - | [(xxiii)] (XXV) (XXIV) § 7–318.1, § 7–509, or § 10–507 of the Real 24 | |
| 135 | - | Property Article; 25 | |
| 133 | + | [(xxvi)] (XXVIII) § 16–303 of the Transportation Article; or 22 | |
| 136 | 134 | ||
| 137 | - | [(xxiv)] (XXVI) (XXV) § 9–124 of the State Government Article; 26 | |
| 135 | + | [(xxvii)] (XXIX) the common law offenses of affray, rioting, criminal 23 | |
| 136 | + | contempt, battery, or hindering; 24 | |
| 138 | 137 | ||
| 139 | - | [(xxv)] (XXVII) (XXVI) § 13–1001, § 13–1004, § 13–1007, or § 27 | |
| 140 | - | 13–1024 of the Tax – General Article; 28 | |
| 138 | + | (2) a felony that is a violation of: 25 | |
| 141 | 139 | ||
| 142 | - | [(xxvi)] (XXVIII) (XXVII) § 16–303 of the Transportation Article; or 29 | |
| 143 | - | 4 HOUSE BILL 1298 | |
| 140 | + | (i) § 7–104 of the Criminal Law Article; 26 | |
| 144 | 141 | ||
| 142 | + | (ii) the prohibition against possession with intent to distribute a 27 | |
| 143 | + | controlled dangerous substance under § 5–602(2) of the Criminal Law Article; or 28 | |
| 145 | 144 | ||
| 146 | - | [(xxvii)] (XXIX) (XXVIII) the common law offenses of affray, rioting, 1 | |
| 147 | - | criminal contempt, battery, or hindering; 2 | |
| 148 | - | ||
| 149 | - | (2) a felony that is a violation of: 3 | |
| 150 | - | ||
| 151 | - | (i) § 7–104 of the Criminal Law Article; 4 | |
| 152 | - | ||
| 153 | - | (ii) the prohibition against possession with intent to distribute a 5 | |
| 154 | - | controlled dangerous substance under § 5–602(2) of the Criminal Law Article; or 6 | |
| 155 | - | ||
| 156 | - | (iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 7 | |
| 157 | - | ||
| 158 | - | (3) an attempt, a conspiracy, or a solicitation of any offense listed in item 8 | |
| 159 | - | (1) or (2) of this subsection. 9 | |
| 160 | - | ||
| 161 | - | (c) (1) Except as provided in paragraphs (2) [and (3)] THROUGH (5) of this 10 | |
| 162 | - | subsection, a petition for expungement under this section may not be filed earlier than 10 11 | |
| 163 | - | years after the person satisfies the sentence or sentences imposed for all convictions for 12 | |
| 164 | - | which expungement is requested, including parole, probation, or mandatory supervision. 13 | |
| 165 | - | ||
| 166 | - | (2) A petition for expungement for a violation of § 3–203 of the Criminal 14 | |
| 167 | - | Law Article, common law battery, or for an offense classified as a domestically related crime 15 | |
| 168 | - | under § 6–233 of this article may not be filed earlier than 15 years after the person satisfies 16 | |
| 169 | - | the sentence or sentences imposed for all convictions for which expungement is requested, 17 | |
| 170 | - | including parole, probation, or mandatory supervision. 18 | |
| 171 | - | ||
| 172 | - | (3) A petition for expungement of a felony may not be filed earlier than 15 19 | |
| 173 | - | years after the person satisfies the sentence or sentences imposed for all convictions for 20 | |
| 174 | - | which expungement is requested, including parole, probation, or mandatory supervision. 21 | |
| 175 | - | ||
| 176 | - | (4) A PETITION FOR EXPUNGE MENT FOR A VIOLATION OF TITLE 4 OF 22 | |
| 177 | - | THE NATURAL RESOURCES ARTICLE OR ANY REGULA TIONS ADOPTED UNDER THE 23 | |
| 178 | - | AUTHORITY OF THAT TI TLE MAY NOT BE FILED EARLIER THAN : 24 | |
| 179 | - | ||
| 180 | - | (I) 3 YEARS AFTER THE PETI TIONER SATISFIES THE SENTENCE 25 | |
| 181 | - | OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMENT IS 26 | |
| 182 | - | REQUESTED , INCLUDING PAROLE , PROBATION, OR MANDATORY SUPERVI SION, IF: 27 | |
| 183 | - | ||
| 184 | - | 1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 28 | |
| 185 | - | VIOLATION OF TITLE 4 OF THE NATURAL RESOURCES ARTICLE OR ANY 29 | |
| 186 | - | REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FO R THE 30 | |
| 187 | - | PRECEDING 3 YEARS; AND 31 | |
| 188 | - | ||
| 189 | - | 2. ANY LICENSE ISSUED T O THE PETITIONER UND ER 32 | |
| 190 | - | TITLE 4 OF THE NATURAL RESOURCES ARTICLE HAS NEVER BEE N SUSPENDED OR 33 | |
| 191 | - | REVOKED; 34 HOUSE BILL 1298 5 | |
| 145 | + | (iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 29 4 HOUSE BILL 1298 | |
| 192 | 146 | ||
| 193 | 147 | ||
| 194 | 148 | ||
| 195 | - | (II) 5 YEARS AFTER THE PETI TIONER SATISFIES THE SENTENCE 1 | |
| 196 | - | OR SENTENCES IMPOSED FOR ALL CONVICTI ONS FOR WHICH EXPUNG EMENT IS 2 | |
| 197 | - | REQUESTED , INCLUDING PAROLE , PROBATION, OR MANDATORY SUPERVI SION, IF: 3 | |
| 149 | + | (3) an attempt, a conspiracy, or a solicitation of any offense listed in item 1 | |
| 150 | + | (1) or (2) of this subsection. 2 | |
| 198 | 151 | ||
| 199 | - | 1 | |
| 200 | - | ||
| 201 | - | ||
| 202 | - | ||
| 152 | + | (c) (1) Except as provided in paragraphs (2) [and (3)] THROUGH (5) of this 3 | |
| 153 | + | subsection, a petition for expungement under this section may not be filed earlier than 10 4 | |
| 154 | + | years after the person satisfies the sentence or sentences imposed for all convictions for 5 | |
| 155 | + | which expungement is requested, including parole, probation, or mandatory supervision. 6 | |
| 203 | 156 | ||
| 204 | - | 2. ANY LICENSE ISSUED T O THE PETITIONER UND ER 8 | |
| 205 | - | TITLE 4 OF THE NATURAL RESOURCES ARTICLE SHOWS NOT MOR E THAN ONE 9 | |
| 206 | - | SUSPENSION AND NO RE VOCATIONS; OR 10 | |
| 157 | + | (2) A petition for expungement for a violation of § 3–203 of the Criminal 7 | |
| 158 | + | Law Article, common law battery, or for an offense classified as a domestically related crime 8 | |
| 159 | + | under § 6–233 of this article may not be filed earlier than 15 years after the person satisfies 9 | |
| 160 | + | the sentence or sentences imposed for all convictions for which expungement is requested, 10 | |
| 161 | + | including parole, probation, or mandatory supervision. 11 | |
| 207 | 162 | ||
| 208 | - | (III) 10 YEARS AFTER THE PETI TIONER SATISFIES THE 11 | |
| 209 | - | SENTENCE O R SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH 12 | |
| 210 | - | EXPUNGEMENT IS REQUE STED, INCLUDING PAROLE , PROBATION, OR MANDATORY 13 | |
| 211 | - | SUPERVISION, IF THE PETITIONER HA S NOT BEEN CONVICTED OF A VIOLATION OF 14 | |
| 212 | - | TITLE 4 OF THE NATURAL RESOURCES ARTICLE OR ANY REGULA TIONS ADOPTE D 15 | |
| 213 | - | UNDER THE AUTHORITY OF THAT TITLE FOR TH E PRECEDING 10 YEARS, 16 | |
| 214 | - | REGARDLESS OF THE NU MBER OF SUSPENSIONS OR REVOCATIONS . 17 | |
| 163 | + | (3) A petition for expungement of a felony may not be filed earlier than 15 12 | |
| 164 | + | years after the person satisfies the sentence or sentences imposed for all convictions for 13 | |
| 165 | + | which expungement is requested, including parole, probation, or mandatory supervision. 14 | |
| 215 | 166 | ||
| 216 | - | ( | |
| 217 | - | ||
| 218 | - | ||
| 167 | + | (4) A PETITION FOR EXPUNGE MENT FOR A VIOLATION OF TITLE 4 OF 15 | |
| 168 | + | THE NATURAL RESOURCES ARTICLE OR ANY REGULA TIONS ADOPTED UNDER THE 16 | |
| 169 | + | AUTHORITY OF TH AT TITLE MAY NOT BE FILED EAR LIER THAN: 17 | |
| 219 | 170 | ||
| 220 | - | (I) 3 YEARS AFTER THE | |
| 221 | - | OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMEN T IS | |
| 222 | - | REQUESTED , INCLUDING PAROLE | |
| 171 | + | (I) 3 YEARS AFTER THE PETITIONER SATISFIES THE SENTEN CE 18 | |
| 172 | + | OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMEN T IS 19 | |
| 173 | + | REQUESTED , INCLUDING PAROLE, PROBATION, OR MANDATORY SUPERVI SION, IF: 20 | |
| 223 | 174 | ||
| 224 | - | 1. THE PETITIONER HAS N OT BEEN CONVICTED OF A | |
| 225 | - | VIOLATION OF TITLE | |
| 226 | - | REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FOR | |
| 227 | - | PRECEDING 3 YEARS; AND | |
| 175 | + | 1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 21 | |
| 176 | + | VIOLATION OF TITLE 4 OF THE NATURAL RESOURCES ARTICLE OR ANY 22 | |
| 177 | + | REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FOR THE 23 | |
| 178 | + | PRECEDING 3 YEARS; AND 24 | |
| 228 | 179 | ||
| 229 | - | 2. ANY LICENSE ISSUED T O THE PETITIONER | |
| 230 | - | TITLE | |
| 231 | - | REVOKED; | |
| 180 | + | 2. ANY LICENSE ISSUED T O THE PETITIONER UNDER 25 | |
| 181 | + | TITLE 4 OF THE NATURAL RESOURCES ARTICLE HAS NEVER BEEN SUSPE NDED OR 26 | |
| 182 | + | REVOKED; 27 | |
| 232 | 183 | ||
| 233 | - | (II) 5 YEARS AFTER THE PETI TIONER SATISFIES THE SENTENCE 31 | |
| 234 | - | OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMEN T IS 32 | |
| 235 | - | REQUESTED , INCLUDING PAROLE , PROBATION, OR MANDATORY SUPERVI SION, IF: 33 | |
| 236 | - | 6 HOUSE BILL 1298 | |
| 184 | + | (II) 5 YEARS AFTER THE PETITIONER SATISFIES THE SENTEN CE 28 | |
| 185 | + | OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMEN T IS 29 | |
| 186 | + | REQUESTE D, INCLUDING PAROLE , PROBATION, OR MANDATORY SUPERVI SION, IF: 30 | |
| 187 | + | ||
| 188 | + | 1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 31 | |
| 189 | + | VIOLATION OF TITLE 4 OF THE NATURAL RESOURCES ARTICLE OR ANY 32 | |
| 190 | + | REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FOR THE 33 | |
| 191 | + | PRECEDING 5 YEARS; AND 34 | |
| 192 | + | HOUSE BILL 1298 5 | |
| 237 | 193 | ||
| 238 | 194 | ||
| 239 | - | 1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 1 | |
| 240 | - | VIOLATION OF TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR ANY 2 | |
| 241 | - | REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FOR TH E 3 | |
| 242 | - | PRECEDING 5 YEARS; AND 4 | |
| 195 | + | 2. ANY LICENSE ISSUED T O THE PETITIONER UND ER 1 | |
| 196 | + | TITLE 4 OF THE NATURAL RESOURCES ARTICLE SHOWS NOT MORE THAN ONE 2 | |
| 197 | + | SUSPENSION AND NO RE VOCATIONS; OR 3 | |
| 243 | 198 | ||
| 244 | - | 2. ANY LICENSE ISSUED T O THE PETITIONER UND ER 5 | |
| 245 | - | TITLE 10 OF THE NATURAL RESOURCES ARTICLE SHOWS NOT MOR E THAN ONE 6 | |
| 246 | - | SUSPENSION AND NO RE VOCATIONS; OR 7 | |
| 199 | + | (III) 10 YEARS AFTER THE PETITIONER SATISFIES THE 4 | |
| 200 | + | SENTENCE OR SENTENCE S IMPOSED FOR ALL CO NVICTIONS FOR WHICH 5 | |
| 201 | + | EXPUNGEMENT IS REQUE STED, INCLUDING PAROLE , PROBATION, OR MANDATORY 6 | |
| 202 | + | SUPERVISION, IF THE PETITIONER HAS NOT BEEN CONVICT ED OF A VIOLATION OF 7 | |
| 203 | + | TITLE 4 OF THE NATURAL RESOURCES ARTICLE OR ANY REGULATIONS A DOPTED 8 | |
| 204 | + | UNDER THE AUTHORITY OF THAT TITLE FOR THE PRECEDING 10 YEARS, 9 | |
| 205 | + | REGARDLESS OF THE NU MBER OF SUSPENSIONS OR REVOCATIONS . 10 | |
| 247 | 206 | ||
| 248 | - | (III) 10 YEARS AFTER THE PETI TIONER SATISFIES THE 8 | |
| 249 | - | SENTENCE OR SENTENCE S IMPOSED FOR ALL CO NVICTIONS FOR WHICH 9 | |
| 250 | - | EXPUNGEMENT IS REQUE STED, INCLUDING PAROL E, PROBATION, OR MANDATORY 10 | |
| 251 | - | SUPERVISION, IF THE PETITIONER HA S NOT BEEN CONVICTED OF A VIOLATION OF 11 | |
| 252 | - | TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR ANY REGULA TIONS ADOPTED 12 | |
| 253 | - | UNDER THE AUTHORITY OF THAT TITLE FOR TH E PRECEDING 10 YEARS, 13 | |
| 254 | - | REGARDLESS OF THE NU MBER OF SUSPENSIONS OR RE VOCATIONS. 14 | |
| 207 | + | (5) A PETITION FOR EXPUNGE MENT FOR A VIOLATION OF TITLE 10 11 | |
| 208 | + | OF THE NATURAL RESOURCES ARTICLE OR ANY REGULA TIONS ADOPTED UNDER 12 | |
| 209 | + | THE AUTHORITY OF THA T TITLE MAY NOT BE F ILED EARLIER THAN : 13 | |
| 255 | 210 | ||
| 256 | - | Article – Natural Resources 15 | |
| 211 | + | (I) 3 YEARS AFTER THE PETITIONER SATISFIES THE SENTEN CE 14 | |
| 212 | + | OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMEN T IS 15 | |
| 213 | + | REQUESTED , INCLUDING PAROLE , PROBATION, OR MANDATORY SUPERVI SION, IF: 16 | |
| 257 | 214 | ||
| 258 | - | 4–1208. 16 | |
| 215 | + | 1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 17 | |
| 216 | + | VIOLATION OF TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR ANY 18 | |
| 217 | + | REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FOR TH E 19 | |
| 218 | + | PRECEDING 3 YEARS; AND 20 | |
| 259 | 219 | ||
| 260 | - | (a) In this section, “violation” means a violation of: 17 | |
| 220 | + | 2. ANY LICENSE ISSUED T O THE PETITIONER UND ER 21 | |
| 221 | + | TITLE 10 OF THE NATURAL RESOURCES ARTICLE HAS NEVER BEEN SUSPENDED OR 22 | |
| 222 | + | REVOKED; 23 | |
| 261 | 223 | ||
| 262 | - | (1) Any provision of this title; and 18 | |
| 224 | + | (II) 5 YEARS AFTER THE PETITIONER SATISFIES THE SENTEN CE 24 | |
| 225 | + | OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMEN T IS 25 | |
| 226 | + | REQUESTED , INCLUDING PAROLE , PROBATION, OR MANDATORY SUPERVI SION, IF: 26 | |
| 263 | 227 | ||
| 264 | - | (2) Any rule or regulation concerning fish and fisheries adopted by the 19 | |
| 265 | - | Department. 20 | |
| 228 | + | 1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 27 | |
| 229 | + | VIOLATION OF TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR ANY 28 | |
| 230 | + | REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FOR THE 29 | |
| 231 | + | PRECEDING 5 YEARS; AND 30 | |
| 266 | 232 | ||
| 267 | - | (b) If a person applies for the expungement of the person’s record concerning any 21 | |
| 268 | - | violation, the Department shall expunge the record if, at the time of application: 22 | |
| 233 | + | 2. ANY LICENSE ISSUED T O THE PETITIONER UND ER 31 | |
| 234 | + | TITLE 10 OF THE NATURAL RESOURCES ARTICLE SHOWS NOT MORE THAN ONE 32 | |
| 235 | + | SUSPENSION AND NO RE VOCATIONS; OR 33 | |
| 269 | 236 | ||
| 270 | - | (1) The person has not been convicted of a violation for the preceding 3 23 | |
| 271 | - | years, and any license issued to the person under this title has never been suspended or 24 | |
| 272 | - | revoked; 25 | |
| 237 | + | (III) 10 YEARS AFTER THE PETITIONER SATISFIES THE 34 6 HOUSE BILL 1298 | |
| 273 | 238 | ||
| 274 | - | (2) The person has not been convicted of a violation for the preceding 5 26 | |
| 275 | - | years, and any license issued to the person under this title shows not more than 1 27 | |
| 276 | - | suspension and no revocations; or 28 | |
| 277 | 239 | ||
| 278 | - | (3) The person has not been convicted of a violation for the preceding 10 29 | |
| 279 | - | years, regardless of the number of suspensions or revocations. 30 | |
| 240 | + | SENTENCE OR SENTENCE S IMPOSED FOR ALL CO NVICTIONS FOR WHICH 1 | |
| 241 | + | EXPUNGEMENT IS REQUE STED, INCLUDING PAROLE , PROBATION, OR MANDATORY 2 | |
| 242 | + | SUPERVISION, IF THE PETITIONER HAS NOT BEEN CONVICTED O F A VIOLATION OF 3 | |
| 243 | + | TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR ANY REGULATIONS A DOPTED 4 | |
| 244 | + | UNDER THE AUTHORITY OF THAT TITLE FOR TH E PRECEDING 10 YEARS, 5 | |
| 245 | + | REGARDLESS OF THE NU MBER OF SUSPENSIONS OR REVOCATIONS . 6 | |
| 280 | 246 | ||
| 281 | - | ||
| 247 | + | Article – Natural Resources 7 | |
| 282 | 248 | ||
| 283 | - | (A) IN THIS SECTION, “VIOLATION” MEANS A VIOLATION OF : 32 | |
| 249 | + | 4–1208. 8 | |
| 250 | + | ||
| 251 | + | (a) In this section, “violation” means a violation of: 9 | |
| 252 | + | ||
| 253 | + | (1) Any provision of this title; and 10 | |
| 254 | + | ||
| 255 | + | (2) Any rule or regulation concerning fish and fisheries adopted by the 11 | |
| 256 | + | Department. 12 | |
| 257 | + | ||
| 258 | + | (b) If a person applies for the expungement of the person’s record concerning any 13 | |
| 259 | + | violation, the Department shall expunge the record if, at the time of application: 14 | |
| 260 | + | ||
| 261 | + | (1) The person has not been convicted of a violation for the preceding 3 15 | |
| 262 | + | years, and any license issued to the person under this title has never been suspended or 16 | |
| 263 | + | revoked; 17 | |
| 264 | + | ||
| 265 | + | (2) The person has not been convicted of a violation for the preceding 5 18 | |
| 266 | + | years, and any license issued to the person under this title shows not more than 1 19 | |
| 267 | + | suspension and no revocations; or 20 | |
| 268 | + | ||
| 269 | + | (3) The person has not been convicted of a violation for the preceding 10 21 | |
| 270 | + | years, regardless of the number of suspensions or revocations. 22 | |
| 271 | + | ||
| 272 | + | 10–1109. 23 | |
| 273 | + | ||
| 274 | + | (A) IN THIS SECTION, “VIOLATION” MEANS A VIOLATION OF : 24 | |
| 275 | + | ||
| 276 | + | (1) ANY PROVISION OF THIS TITLE; AND 25 | |
| 277 | + | ||
| 278 | + | (2) ANY REGULATION CONCER NING WILDLIFE AND HUNTING 26 | |
| 279 | + | ADOPTED BY THE DEPARTMENT . 27 | |
| 280 | + | ||
| 281 | + | (B) IF A PERSON APPLIES F OR THE EXPUNGEMENT O F THE PERSON ’S 28 | |
| 282 | + | RECORD CONCERNING AN Y VIOLATION, THE DEPARTMENT SHALL EXPU NGE THE 29 | |
| 283 | + | RECORD IF, AT THE TIME OF APPLI CATION: 30 | |
| 284 | 284 | HOUSE BILL 1298 7 | |
| 285 | 285 | ||
| 286 | 286 | ||
| 287 | - | (1) ANY PROVISION OF THIS TITLE; AND 1 | |
| 287 | + | (1) THE PERSON HAS NOT BE EN CONVICTED OF A VIOLATION FOR T HE 1 | |
| 288 | + | PRECEDING 3 YEARS, AND ANY LICENSE ISSU ED TO THE PERSON UND ER THIS TITLE 2 | |
| 289 | + | HAS NEVER BEEN SUSPE NDED OR REVOKED ; 3 | |
| 288 | 290 | ||
| 289 | - | (2) ANY REGULATION CONCER NING WILDLIFE AND HU NTING 2 | |
| 290 | - | ADOPTED BY THE DEPARTMENT . 3 | |
| 291 | + | (2) THE PERSON HAS NOT BE EN CONVICTED OF A VI OLATION FOR THE 4 | |
| 292 | + | PRECEDING 5 YEARS, AND ANY LICENSE ISSU ED TO THE PERSON UN DER THIS TITLE 5 | |
| 293 | + | SHOWS NOT MORE THAN ONE SUSPENSION AND NO RE VOCATIONS; OR 6 | |
| 291 | 294 | ||
| 292 | - | ( | |
| 293 | - | ||
| 294 | - | ||
| 295 | + | (3) THE PERSON HAS NOT BE EN CONVICTED OF A VI OLATION FOR THE 7 | |
| 296 | + | PRECEDING 10 YEARS, REGARDLESS OF THE NU MBER OF SUSPENSIONS OR 8 | |
| 297 | + | REVOCATIONS . 9 | |
| 295 | 298 | ||
| 296 | - | (1) THE PERSON HAS NOT BE EN CONVICTED OF A VI OLATION FOR THE 7 | |
| 297 | - | PRECEDING 3 YEARS, AND ANY LICENSE ISSU ED TO THE PERSON UND ER THIS TITLE 8 | |
| 298 | - | HAS NEVER BEEN SUSPE NDED OR REVOKED ; 9 | |
| 299 | - | ||
| 300 | - | (2) THE PERSON HAS NOT BE EN CONVICTED OF A VI OLATION FOR THE 10 | |
| 301 | - | PRECEDING 5 YEARS, AND ANY LICENSE ISSU ED TO THE PERSON UND ER THIS TITLE 11 | |
| 302 | - | SHOWS NOT MORE THAN ONE SUSPENSION AND N O REVOCATIONS ; OR 12 | |
| 303 | - | ||
| 304 | - | (3) THE PERSON HAS NOT BE EN CONVICTED OF A VI OLATION FOR THE 13 | |
| 305 | - | PRECEDING 10 YEARS, REGARDLESS OF THE NU MBER OF SUSPENSIONS OR 14 | |
| 306 | - | REVOCATIONS . 15 | |
| 307 | - | ||
| 308 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16 | |
| 309 | - | October 1, 2022. 17 | |
| 310 | - | ||
| 311 | - | ||
| 312 | - | ||
| 313 | - | ||
| 314 | - | Approved: | |
| 315 | - | ________________________________________________________________________________ | |
| 316 | - | Governor. | |
| 317 | - | ________________________________________________________________________________ | |
| 318 | - | Speaker of the House of Delegates. | |
| 319 | - | ________________________________________________________________________________ | |
| 320 | - | President of the Senate. | |
| 299 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10 | |
| 300 | + | October 1, 2022. 11 |