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IN SB0021

Bill

Status

Introduced

1/3/2017

Primary Sponsor

Lonnie Randolph

Click for details

Origin

Senate

2017 Regular Session

AI Summary

  • Amends IC 35-38-9-9 to require prosecuting attorneys who object to an expungement petition to file written reasons for their objections with the court and serve a copy on the petitioner at the time of objection.

  • Mandates the court set a hearing on the objections no sooner than 60 days after service of the petition on the prosecuting attorney if the court determines there is just cause to the objections.

  • Allows courts to grant expungement petitions without a hearing only if the prosecuting attorney does not object or has waived objection.

  • Permits crime victims to submit oral or written statements in support of or opposition to expungement petitions at the time of hearing.

  • Takes effect July 1, 2017.

Legislative Description

Prosecutorial consent with expungements. Requires a prosecuting attorney to file objections to an expungement petition with the court and serve a copy on the petitioner. Provides that the court shall set a hearing regarding the objections if the court finds there is just cause to the objections.

Last Action

First reading: referred to Committee on Judiciary

1/3/2017

Committee Referrals

Judiciary1/3/2017

Full Bill Text

No bill text available