Engel Floor Amendment
Reference to: House engrossed bill
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
1. Requires a law enforcement agency, rather than a law enforcement officer or a party in a criminal case, to notify a person who has been wrongfully arrested of the right to petition the court to notate on all applicable records that the person has been cleared.
2. Requires the law enforcement agency to notify the person by sending a written notice to the person at the address the agency has on file.
3. Deems notification of the right to petition is complete upon deposit of the written notice in United States mail.
4. Requires an attorney for a person, or a prosecutor if the person is not represented by an attorney, who determines that the person has been wrongfully arrested or charged with a crime to either:
a) notify the person of the right to file a petition in the superior court; or
b) petition the superior court to enter a notation that the person has been cleared on all applicable records.
5. Requires the petition filed by the attorney or prosecutor to identify all records that the petitioner is requesting to be included in the order.
First Regular Session H.B. 2491
ENGEL FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2491
(Reference to House engrossed bill)
Page 1, lines 5 and 7, strike "officer or a party in a criminal case" insert "agency"
Line 10, after the period insert "The law enforcement agency shall notify the person by sending a written notice to the person at the address that the law enforcement agency has on file for the person. NOTIFICATION is deemed complete on depositing the written notice in the United States mail."
Between lines 12 and 13, insert:
"C. An attorney who represents a person or a prosecutor, if the person is not represented by an attorney, and who determines that the person was wrongfully arrested or charged with a crime shall do either of the following:
1. Notify the person who was arrested or charged of the right to file a petition in the superior court in the county where the arrest occurred pursuant to this section.
2. petition the superior court to enter on all court records, police records and any other applicable records of any other agency relating to the arrest or charge a notation that the person has been cleared. The petition shall identify the records that the petitioner is requesting be included in the order."
Reletter to conform
Amend title to conform