View Amendment Current Amendment: 1 to Bill 3184 Rep. RUTHERFORD proposes the following Amendment No. 1 to H. 3184 (COUNCIL\MS\3184C003.MS.AHB13):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:

/SECTION __.      Section 17-1-40 (A) of the 1976 Code is amended to read:

     "(A)      (1)A If a person who after being is charged with a criminal offense and the charge is discharged, proceedings against the person are dismissed, or the person is found not guilty of the charge, the arrest and booking record, files, mug shots, and fingerprints of the person must be destroyed and no evidence of the record pertaining to the charge may be retained by any municipal, county, or state law enforcement agency. Provided, however, that local and state detention and correctional facilities may retain booking records, identifying documentation and materials, and other institutional reports and files under seal, on all persons who have been processed, detained, or incarcerated, for a period not to exceed three years from the date of the expungement order to manage their statistical and professional information needs and, where when necessary, to defend such the facilities during litigation proceedings except when an action, complaint, or inquiry has been initiated. Information retained by a local or state detention or correctional facility as permitted under this section after an expungement order has been issued is not a public document and is exempt from disclosure. Such This information only may be disclosed by judicial order, pursuant to a subpoena filed in a civil action, or as needed during litigation proceedings. A person who otherwise intentionally retains the arrest and booking record, files, mug shots, fingerprints, or any evidence of the record pertaining to a charge discharged or dismissed pursuant to this section is guilty of contempt of court.
           (2)            If a person pleads guilty to a lesser-included offense and the solicitor deems it appropriate, the solicitor shall notify the state law enforcement division (SLED) and SLED shall ensure the person's record contained in the ncic database or other similar database reflects the lesser-included offense rather than the offense originally charged." /

Renumber sections to conform.
Amend title to conform.