Tennessee House Bill HB0705

Tennessee 2023-2024 Regular Session

• Introduced: 1/26/23
• Refer: 2/1/23
• Refer: 2/7/23
• Refer: 2/14/23
• Chaptered: 3/23/23
• Passed: 3/23/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 32, relative to the state control number.

Impact

This bill impacts the handling of public records associated with criminal offenses, reinforcing the accuracy and efficiency of the expunction process. By providing clear directives on how and when expunction orders must be communicated to the relevant authorities, HB 0705 aims to enhance the overall management of public records in Tennessee. The implementation of this law is expected to alleviate confusion and inconsistencies in how expungements are processed across different jurisdictions within the state.

Summary

House Bill 0705 seeks to amend Tennessee Code Annotated, specifically Title 40, Chapter 32, regarding the expunction of criminal records. The bill establishes a procedure for how expunction orders are handled when a court orders the removal of a person's public records related to criminal offenses. The legislation stipulates that courts must submit expunction orders to the Tennessee Bureau of Investigation within thirty days of the order being issued, thereby ensuring that the records are updated in a timely manner in the state's expunged offender and pretrial diversion database.

Sentiment

The sentiment surrounding HB 0705 appears to be positive among legislators, as there was unanimous support during the voting process, which saw the bill pass with 94 votes in favor and none against. Proponents of the bill argue it provides necessary improvements to the criminal justice system, ensuring that individuals who have completed their sentences and have had their records expunged can effectively move on with their lives without the burden of outdated public records hindering their opportunities.

Contention

While the bill received overwhelming support, some potential points of contention could arise regarding implementation. Concerns may be raised about the timelines for compliance set forth in the bill, particularly among courts and law enforcement agencies. Ensuring that the Tennessee Bureau of Investigation promptly receives and processes these expunction orders is essential, and any delay could undermine the bill's intended purpose, potentially leaving individuals with unnecessary public records for extended periods.