| 1 | 1 | | |
|---|
| 2 | 2 | | <BillNo> <Sponsor> |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | SENATE BILL 613 |
|---|
| 5 | 5 | | By Massey |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | SB0613 |
|---|
| 9 | 9 | | 002400 |
|---|
| 10 | 10 | | - 1 - |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 40, |
|---|
| 13 | 13 | | Chapter 32 and Title 55, Chapter 10, Part 4, |
|---|
| 14 | 14 | | relative to expunction. |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
|---|
| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Section 40-32-101(g)(1)(B)(xlv), is amended |
|---|
| 18 | 18 | | by deleting the subdivision. |
|---|
| 19 | 19 | | SECTION 2. Tennessee Code Annotated, Section 40-32-101(g)(2)(B), is amended by |
|---|
| 20 | 20 | | deleting the subdivision and substituting: |
|---|
| 21 | 21 | | (B) At the time of the filing of the petition for expunction at least: |
|---|
| 22 | 22 | | (i) Five (5) years have elapsed since the completion of the sentence |
|---|
| 23 | 23 | | imposed for the offense the person is seeking to have expunged, if the offense is |
|---|
| 24 | 24 | | a misdemeanor other than driving under the influence of an intoxicant, as defined |
|---|
| 25 | 25 | | in § 55-10-401, or Class E felony; |
|---|
| 26 | 26 | | (ii) Ten (10) years have elapsed since the completion of the sentence |
|---|
| 27 | 27 | | imposed for the offense the person is seeking to have expunged, if the offense is |
|---|
| 28 | 28 | | a Class C or D felony; or |
|---|
| 29 | 29 | | (iii) Twenty (20) years have elapsed since the completion of the sentence |
|---|
| 30 | 30 | | imposed for the offense the person is seeking to have expunged, if the offense is |
|---|
| 31 | 31 | | driving under the influence of an intoxicant, as defined in § 55-10-401; and |
|---|
| 32 | 32 | | SECTION 3. Tennessee Code Annotated, Section 40-32-101(g), is amended by adding |
|---|
| 33 | 33 | | the following new subdivision: |
|---|
| 34 | 34 | | (16) Notwithstanding subdivisions (g)(1)(F) and (g)(2)(A)(i), and subsection (k), a |
|---|
| 35 | 35 | | petitioner may only have a conviction for driving under the influence of an intoxicant, as |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | |
|---|
| 38 | 38 | | - 2 - 002400 |
|---|
| 39 | 39 | | |
|---|
| 40 | 40 | | defined in § 55-10-401, expunged if the petitioner has not been convicted of any other |
|---|
| 41 | 41 | | criminal offense. In addition to the appropriate clerk's fee pursuant to § 8-21-401, the |
|---|
| 42 | 42 | | petitioner must pay a fee of fifty dollars ($50.00), to be collected by the court clerk and |
|---|
| 43 | 43 | | then deposited in the dedicated county fund established pursuant to § 55-10-412(b) for |
|---|
| 44 | 44 | | use in the same manner as provided in § 55-10-412(c). |
|---|
| 45 | 45 | | SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it. |
|---|