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Description
House Criminal Justice Committee - April 21, 2021 - House Hearing Room 2
A
A
C
A
Representative
littleton
chairman
littleton
moves
amendment
coded
7164.
You
have
a
motion
in
a
second.
Please
describe
your
ability.
C
If
the
bodily
injury
incurred
by
the
adult
domestic
assault
victim
involves
a
broken
bone,
damage
to
the
platelet
or
the
sensory
function
included,
but
not
limited
to
the
ears
mouth
eyes,
nose
that
requires
medical
repair
or
reconstruction,
tearing
of
ligaments
or
muscle
tissue
dislocation
of
joints,
abrasions
to
the
neck,
face
or
chest
or
substantial
bruising
to
the
body.
A
class
e
felony
offense.
A
Members
you've
heard
the
explanation
of
the
amendment
any
questions
for
the
sponsor,
seeing
none
we're
ready
to
vote
all
those
in
favor
of
attaching
amendment
coded
7164
to
house
bill.
1430,
please
signify
by
saying
aye.
I
was
opposed
you
adopt
we're
back
on
the
bill
as
amended.
The
amendment
made
the
bill
without
objection,
we're
ready
to
vote
all
those
in
favor
of
sending
house
bill
1430
to
finance,
please
signify
by
saying
aye
that
was
opposed.
Ma'am
you
head
to
finance.
Thank.
A
A
Next
up
item
number
three
house
bill
1143
by
vice
chairman
grillz,
has
rolled
one
week
next
up
item
number
four
house
bill
1102
by
representative
shaw,
sir.
You
have
a
motion
and
a
second.
D
A
A
D
What
the
amendment
seeks
to
do
to
eligibly
expound
the
person
who
was
convicted
of
an
assault,
a
person
who
was
criminal
conviction
was
inevitable
for
judicial
diversion
at
the
time
of
sentencing.
That's
what
the
amendment
does.
It
makes
the
bill.
E
Of
right
at
the
very
beginning
is
the
only
opportunity
you
could
ever
get
expungement.
This
allows
for
this
group
of
individuals
that
before
have
been
precluded
from
being
able
to
pursue
this
later,
when
they
had
proven
that
they're,
you
know
positive
members
of
society
and
it
cleaned
up
their
acts.
E
A
Questions
been
called
on
the
amendment
that
objection
we're
ready
to
vote
all
those
in
favor
of
attaching
amendment
coded
7397
to
house
bill.
1102,
please
signify
by
saying
aye.
Those
opposed
you
adopt.
Members
are
on
the
bill
as
amended
any
further
questions,
seeing
none
all
those
in
favor
of
sending
house
bill
1102
as
amended
to
finance,
please
signify
by
saying
aye
those
opposed,
sir.
You
had
to
finance.
A
F
A
F
E
Would
like
to
remind
members
that
the
chairman
of
calendar
rules
is
watching,
he
is
always
watching
and
when
you
invoke
his
name
like
that,
you
may
or
may
not
wind
up
on
consent
or
on
a
monday
or
a
thursday
or
a
july
calendar.
But
I
am
always
cautious
about
invoking
the
chairman's
name,
and
we
will
probably
hear
about
this
in
the
morning.
This
very
conversation.
A
Thank
you,
leader
lamberth.
Yes,
many
of
us
have
found
ourselves
behind
the
calendar
before
in
that
august
committee
members.
We
have
a
motion
and
a
second
you've
heard
the
description
of
the
amendment,
all
those
in
favor
of
attaching
amendment
coded
4550
to
house
bill
1121,
please
signify
by
saying
aye
aye
those
opposed
you
adopt.
Members
you've
heard
the
explanation
of
the
bill
as
amended
without
further
questions,
all
those
in
favor
of
sending
house
bill
1121
as
amended
to
calendar
and
rules.
Please
signify,
saying
aye
those
opposed,
sir.
You
had
the
calendar
rules.
Yes,
sir.
A
G
Thank
you,
mr
chairman.
The
the
amendment
says
quite
simply
of
a
judge
shall,
at
the
time
of
sentencing,
notify
a
person
convicted
of
an
offense
that's
eligible
for
expunction
of
the
person's
eligibility
and
the
time
period.
A
H
Thank
you,
mr
chairman,
thank
you
sponsor
bringing
legislation,
but
I
have
some
questions
and
concerns.
What
happens
if
a
judge
fails
to
do
it
and
why
can't
we
just
have
written
information
sheets
printed
up
flyers,
whatever
available
for
defendants
at
court
time
at
clerk's
office
posted
around
the
courthouse,
rather
than
putting
additional
burdens
on
the
judge,
because
I
know
some
judges
get
busy,
there's
a
lot
of
stuff
going
on
in
the
courtroom,
and
that's
that's
my
only
concern
so
thank
you,
mr
chairman.
G
G
Some
of
the
other
offenses
felonies.
A
Representative
griffey
any
further
commenters.
Okay,
thank
you
any
other
questions
for
our
sponsor.
I
I
do
have
one
representative
hardaway.
I
I
understand,
and
actually
I
support
the
spirit
of
this
legislation.
I'm
curious
are
you
concerned
at
all
about
situation
where
you
know
the
judge
is
going
to
basically
set
an
expectation
for
someone
to
say
if
you
do
all
of
these
things
right
and
you
do
everything
the
state
has
asked
you
to
do
then
at
some
point
this
will
be
eligible,
but
those
things
do
change
from
time
to
time.
A
G
Thank
you,
mr
chairman.
Actually
I'm
not
aware
that
we
can
be
retroactive
past
the
time
of
conviction
and
sentencing
for
expungements.
So
that's
something
I
wasn't
aware
of.
A
G
Well,
no
sir,
the
aoc
is
providing
that
list
and
the
reason
that
we
put
if
practicable
so
the
judge
can
have
the
discretion
on
whether
to
do
it
or
not
to
do
it
if
he
or
she
has
sufficient
information
and
wishes
to
do
it.
The
aoc
will
have
the
information
in
written
form
ready
for
the
judge
to
to
transmit
that
information
to
the
individual.
A
Thank
you,
sir,
for
the
response.
Any
any
further
questions
for
the
sponsor
of
the
amendment.
Seeing
none
we're
ready
to
vote
all
those
in
favor
of
an
attaching
amendment
coded
6721
to
house
bill
1319,
please
signify
by
saying
aye
aye.
Those
opposed
you
adopt.
Members
were
on
the
bill,
as
amended.
You've
heard
the
explanation,
any
further
questions
for
the
sponsor,
seeing
none
all
those
in
favor
of
sending
house
bill
1319
as
amended
to
calendar
and
rules.
Please
signify
by
saying
aye
aye
that
was
opposed
the
eyes.
Have
it,
sir.
G
Thank
you,
mr
chairman.
I
don't
believe
we
have
an
amendment
so
the
bill,
as
it
reads,
sets
punishments
for
gang
recruitment
and
it
sets
different
classes
depending
on
felonies,
depending
on
the
age.
The
most
important
one
is
class,
a
felony
if
the
victim
is
13
years
or
younger.
A
H
H
Getting
yourself
involved
with
a
gang
is
just
a
sure
way
to
ruin
your
life,
you
know,
and
if
we
can
keep
people
out
of
that,
hopefully
this
will
discourage
some
of
that.
So
thank
you,
mr
chairman.
Thank
you
sponsor.
H
A
A
A
All
right
members,
I
will
point
out
that
this
bill
has
been
rolled
to
the
first
calendar
of
2022
and
senate
judiciary.
So
without
objection
we
will
roll
house
bill
1323
to
the
first
calendar
of
2022.
B
You
have
a
motion
on
the
amendment
and
the
bill
itself
and
then
the
amendment
6744
we're
voting
on
the
amendment
any
questions,
if
not
all
in
favor
of
the
amendment.
Let
me
be
saying
by
saying
aye
aye,
I
proposers
know
that
motion
carries
amendment
goes
on
to
the
bill
chairman
curcio,
you
recognized
on
the
bill
as
amended.
Thank.
A
You,
mr
chairman,
thank
you
committee
members.
I've
explained
this
in
sub,
but
for
those
who
are
not
on
that
committee
I'll
start
again,
but
this
bill
was
brought
to
be
by
one
of
my
public
defenders
travis
jones,
and
seeks
to
clean
up
a
process
that
is
already
in
current
law.
So
when
a
judge
sentences,
someone
to
probation
for
more
than
one
offense,
the
judge
sentences
the
defendant
to
either
concurrent
or
consecutive
probation
sentences,
concurrent
sentences
are
intended
to
be
served
at
the
same
time,
while
consecutive
sentences
must
be
served
one
after
the
other.
A
If
an
offender's
probation
is
revoked
and
the
two
sentences
are
to
be
served
in
the
same
jurisdiction,
the
process
is
relatively
straightforward.
The
offender
either
serves
the
sentences
at
the
same
time
or
back-to-back,
unfortunately,
for
offenders
with
probation
sentences
and
multiple
jurisdictions.
The
separate
sentences
do
not
officially
begin
until
each
judge
revokes
probation.
This
glitch
in
the
system
leads
to
an
enormous
loss
of
both
time
and
money
spent
transferring
offenders
from
jurisdiction
to
jurisdiction
in
order
for
their
sentences
to
be
officially
revoked
for
concurrent
sentences.
A
These
transfers
and
delays
in
the
judicial
process
mean
that
an
offender
could
end
up
serving
more
time
than
their
sentence
authorized
for
consecutive
sentences.
This
issue
does
not
always
create
such
an
extension,
because
the
offender
must
still
be
transferred
to
the
new
jurisdiction
to
serve
out
the
remainder
of
their
sentence,
so
this
bill,
as
amended,
seeks
to
patch
this
glitch
by
crediting
any
time
served
on
a
probation,
revocation
towards
any
other
concurrent
probation
sentence
that
is
subsequently
revoked
in
any
other
jurisdiction.
I
Just
for
clarification,
and
so
that
I
can
have
it
straight
in
my
mind,
I
think
this
is
a
great
excellent
bill,
because
it'll
save
a
lot
of
people,
time
and
money
in
that
heartache
of
jail
time.
So
if
someone
is
on
probation
and
we're
in
jail,
but
they
get
their
probation
revoked
in
dixon
county,
but
they're
also
on
probation
in
cheetham
county
at
the
same
time,
instead
of
having
to
go
through
the
process
of
serving
your
time
in
dixon,
then
going
to
cheat
them.