| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 689 |
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| 6 | 5 | | By Camper |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0689 |
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| 10 | 9 | | 002607 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 40, |
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| 14 | 13 | | Chapter 32, relative to expungements. |
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| 15 | 14 | | |
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| 16 | 15 | | WHEREAS, counties with a larger population tend to face a criminal docket with many |
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| 17 | 16 | | defendants, and the related records quickly accumulate and can become overly burdensome; |
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| 18 | 17 | | and |
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| 19 | 18 | | WHEREAS, counties with a larger population tend to have a large staff in the court |
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| 20 | 19 | | clerk's office, which enables them to process expungements with less difficulty; now, therefore, |
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| 21 | 20 | | BE IT ENACTED BY THE GENE RAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 22 | 21 | | SECTION 1. Tennessee Code Annotated, Section 40-32-101(a)(1), is amended by |
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| 23 | 22 | | adding the following as a new subdivision: |
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| 24 | 23 | | (G) Notwithstanding this section to the contrary, in a county having a population |
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| 25 | 24 | | of three hundred sixty-six thousand two hundred (366,200) or more, according to the |
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| 26 | 25 | | 2020 federal census or any subsequent federal census, court clerks are authorized to |
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| 27 | 26 | | implement an automatic expungement processing program that initiates processing the |
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| 28 | 27 | | expungement of public records, without petition by the person, certification under |
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| 29 | 28 | | subsection (n), or order of the court, of any person entitled to an expungement without |
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| 30 | 29 | | cost pursuant to subdivisions (a)(3), (e)(1), or (e)(3). Upon notice from the court clerk of |
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| 31 | 30 | | an expungement under this subdivision (a)(1)(G), other agencies and officials shall treat |
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| 32 | 31 | | such notice the same as the receipt of an order of expungement from the court. The |
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| 33 | 32 | | court clerk shall maintain a confidential record of all cases expunged under this |
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| 34 | 33 | | subdivision (a)(1)(G), which is only accessible by the person whose records were |
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| 35 | 34 | | expunged, law enforcement agencies, courts, or other governmental agencies |
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