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ID H0226

Bill

Status

Passed

4/5/2011

Primary Sponsor

Unknown

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Allows courts to amend judgments from state custody sentences to "confinement in a penal facility" for only the days served prior to suspension, which may be deemed a misdemeanor conviction, if a defendant completes probation without violation or successfully graduates from drug court or mental health court.

  • Applies the amendment authority to defendants convicted and granted probation before the law takes effect, as well as cases arising after enactment.

  • Permits final dismissal of cases for defendants who successfully comply with probation terms, restoring civil rights to the defendant.

  • Allows the prosecuting attorney or court to initiate judgment amendment proceedings (in addition to defendant applications) for sentences suspended during the first 365 days of state custody.

  • Excludes offenses requiring sex offender registration under Section 18-8304 from dismissal or reduction under this section.

Legislative Description

Amends existing law relating to suspension of judgment and sentence to revise provisions relating to the discharge of defendant and the amendment of judgment.

JUDGMENTS

Last Action

Governor signed Session Law Chapter 187 Effective: 07/01/11

4/5/2011

Committee Referrals

Judiciary, Rules and Administration3/4/2011

Full Bill Text

No bill text available