House Amendment 1
H 3019 - Session 125 (2023-2024)
Destruction of arrest records

The Committee on Judiciary proposes the following amendment (LC-3019.AHB0001H):

Amend the bill, as and if amended, SECTION 1, by striking Section 17-1-43(A) and inserting:

Section 17-1-43.(A) Notwithstanding the provisions of Section 17-1-40, not later than one hundred eighty days after an investigation by a law enforcement or prosecution agency reveals that a person was arrested as a result of mistaken identity, the law enforcement or prosecution agency with appropriate jurisdiction shall destroy the arrest records of that person made as a result of mistaken identity. The law enforcement or prosecution agency, as appropriate, shall establish a review process for verifying that a person's arrest records relating to mistaken identity in which no charges were filed have been destroyed as provided in this section. Neither the law enforcement or prosecution agency may charge or collect a fee for the destruction of arrest records pursuant to the provisions of this section.