HB 173 Summary

• Creates the "Eric Banks Act" requiring the Department of Law Enforcement to adopt rules for destroying nonjudicial arrest records of persons age 21 or younger arrested contrary to law or by mistake.

• State responsible for clearing arrest records from all state, local, and federal law enforcement databases.

• Law enforcement agencies, or parents/legal guardians/the young person (if 18+) may apply for record destruction, with applications including arrest date/time, person's name, charges, and OBTS number.

• For arrests on warrants or pickup orders, the sheriff or state attorney of the issuing jurisdiction must request administrative destruction.

• Applications for record destruction are inadmissible as evidence and cannot be construed as admission of liability.

• Takes effect July 1, 2018.