summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
2013 Regular Session
Bill Summary
Revising the mental, emotional, or developmental age of a child victim whose out-of-court statement describing specified criminal acts is admissible in evidence in certain instances; providing for electronic appearances of petitioners and attorneys at hearings; authorizing a person whose records are expunged to lawfully deny or fail to acknowledge the arrests covered by the expunged record; providing that the Department of Law Enforcement or any other criminal justice agency is not required to comply with certain requirements relating to expunging criminal history records until a specified date, etc. APPROPRIATION:
AI Summary
This bill makes several changes related to victims of human trafficking and the admissibility of child victim statements in court. First, it raises the age of a child victim whose out-of-court statement describing certain criminal acts can be admitted as evidence from 11 to 16 years old, provided the statement is deemed reliable by the court and the child either testifies or is unavailable with corroborating evidence. Second, it creates a new process for victims of human trafficking to petition for the expunction, or removal, of criminal records that were a result of their victimization, allowing them to deny or not acknowledge these arrests after expunction, with certain exceptions. This new expunction process also allows for electronic appearances at hearings and clarifies that expunged records are considered vacated due to defects in the original proceedings. Finally, the bill includes an appropriation for the Department of Law Enforcement to cover programming costs associated with these changes and delays the requirement for law enforcement agencies to comply with expungement orders until March 1, 2014, with the act taking effect on July 1, 2013.
Committee Categories
Budget and Finance, Health and Social Services, Justice
Sponsors (1)
Other Sponsors (3)
Appropriations (Senate), Children, Families, and Elder Affairs (Senate), Judiciary (Senate)
Last Action
Laid on Table, companion bill(s) passed, see CS/CS/HB 1325 (Ch. 2013-98), CS/HB 1327 (Ch. 2013-99) (on 04/29/2013)
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