HB 1253-1_ Filed 02/07/2003, 13:39

Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

10

                                                        NO:
1

MR. SPEAKER:

    Your Committee on       Courts and Criminal Code     , to which was referred       House Bill 1253     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 9; (03)CR125301.1. -->     Page 1, between lines 9 and 10, begin a new line block indented and insert:
        " (4) A person who has a juvenile adjudication or a conviction for arson.
        (5) A person who has a juvenile adjudication or a conviction for cruelty to an animal.
        (6) A person convicted of a dealing offense under IC 35-48-4 if the person has a prior, unrelated juvenile adjudication or conviction for a dealing offense under IC 35-48-4.
"
    Page 2, line 6, after "last" insert " convicted of an offense (if the person was waived from juvenile court under IC 31-30-3) or".
    Page 2, line 9, after "shall" insert " , if the person satisfies the requirements under subsection (c),".
    Page 2, line 10, after "last" insert " convicted of an offense (if the person was waived from juvenile court under IC 31-30-3) or".
    Page 2, between lines 10 and 11, begin a new paragraph and insert:
    " (c) A person who seeks the sealing of criminal history information under this section must file a petition with the department, criminal justice agency, and juvenile justice agency:
        (1) establishing that the person satisfies the requirements
of subsection (b); and
        (2) requesting the sealing of the criminal history information.
The criminal history information must be sealed if the department, criminal justice agency, and juvenile justice agency determine that the petitioner has satisfied the requirements under subsection (b).
".
    Page 2, line 11, delete "(c)" and insert " (d)".
    Page 2, line 16, delete "(d)" and insert " (e)".
    Page 2, between lines 40 and 41, begin a new line block indented and insert:
        " (4) A person who has a juvenile adjudication or a conviction for arson.
        (5) A person who has a juvenile adjudication or a conviction for cruelty to an animal.
        (6) A person convicted of a dealing offense under IC 35-48-4 if the person has a prior, unrelated juvenile adjudication or conviction for a dealing offense under IC 35-48-4.
"
    Page 3, line 9, after "last" insert " convicted of an offense (if the person was waived from juvenile court under IC 31-30-3) or".
    Page 3, line 11, after "shall" insert " , if the person satisfies the requirements under subsection (c),".
    Page 3, line 13, after "last" insert " convicted of an offense (if the person was waived from juvenile court under IC 31-30-3) or".
    Page 3, between lines 13 and 14, begin a new paragraph and insert:
    " (c) A person who seeks the sealing of criminal history information under this section must file a petition with the court:
        (1) establishing that the person satisfies the requirements
of subsection (b); and
        (2) requesting the sealing of the criminal history information.

The criminal history information must be sealed if the court determines that the petitioner has satisfied the requirements under subsection (b).".
    Page 3, line 14, delete "(c)" and insert " (d)".
    Page 3, line, 21, delete "(d)" and insert " (e)".
    Page 3, line 41, after "last" insert " convicted of an offense (if the

person was waived from juvenile court under IC 31-30-3) or".
    Page 4, line 1, after "last" insert " convicted of an offense (if the person was waived from juvenile court under IC 31-30-3) or".
    (Reference is to HB 1253 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Weinzapfel


CR125301/DI 105    2003