View Amendment Current Amendment: 3 to Bill 3209 Rep. McKnight proposes the following Amendment No. 3 to H. 3209 (COUNCIL\AHB\3209C002.BH.AHB17):

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

/      SECTION      __.      Article 9, Chapter 22, Title 17 of the 1976 Code is amended by adding:

     "Section 17-22-970.      (A)      Notwithstanding another provision of law, after five years for a nonviolent offense and ten years for a violent offense, as defined in Section 16-1-60, if the charge or charges have not been disposed of, a person may apply to the appropriate solicitor's office with jurisdiction over the offense and request all charges be removed from the person's public record maintained by the State Law Enforcement Division (SLED).
     (B)      Upon receiving such application, the solicitor's office must research whether there was a disposition of the charge within the time frames specified in subsection (A). If the solicitor finds that there has been no disposition of the charge and either five or ten years have passed, as applicable, the solicitor's office shall provide written notice and request that SLED remove the charge or charges from the person's public record maintained by SLED. Upon receipt of the notice from the solicitor's office, SLED immediately must remove the charge from the person's public record. The provisions of Section 17-1-40 regarding retention of a nonpublic record by municipal, county, or state law enforcement agencies apply to records of charges expunged under the provisions of this section. And, this nonpublic record is not subject to release pursuant to Section 34-11-95, Chapter 4, Title 30, the Freedom of Information Act, or any other provision of law.
     (C)      A fee may not be charged pursuant to the provisions of this article or any other provision of law by the solicitor's office or SLED for researching charges against a person or removing charges from a person's public record pursuant to this section, even if the research shows that there was a disposition of the charge.
     (D)      No person who has a charge removed from his public record maintained by SLED pursuant to this section may be charged with perjury for later stating that he was never charged with the offense. Removing a charge from a person's public SLED record pursuant to this section is intended to put the person back to the legal status he was in prior to the charge.
     (E)      Neither a solicitor's office nor SLED, nor any other state or local agency or authority, may be held liable to a person for damages caused by charges that are removed from a person's record pursuant to this section."            /

Renumber sections to conform.
Amend title to conform.