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.