An Amendment to An Act to Establish General Rules of Procedure in the State Courts
Be it enacted by the 10th congressional body hereby assembled that:
Section 1A (Definitions):
An Act to Establish General Rules of Procedure in the State Courts shall be defined as An Act to Establish General Rules of Procedure in the State Courts
Section 1B: For purposes of this amendment, a criminal organization shall be defined as “Any group of three or more individuals who mutually agree to violate the law, specifically, but not necessarily, under an umbrella term such as “gang,” ''mafia,” or any other term which can be reasonably associated to criminal activities."
Section 2A: Section C of Rule 15 of An Act to Establish General Rules of Procedure in the State Courts currently states:
c) The court may only seal something if:
i) It was unlawful;
ii) In the case of an arrest or citation, unprosecuted after 30 days;
iii) Or other extremely good cause.
Section 2B: Section C of Rule 15 of An Act to Establish General Rules of Procedure in the State Courts shall now state:
“The courts may only seal a record if one of the following criteria is met.
(i) The record was issued unlawfully, including falsely, with an invalid penalty, or any other factor invalidating the record at the discretion of the court.
(1) An officer wishing to “drop charges” shall not constitute an unlawful record. The petitioner must prove, beyond a reasonable doubt, that the record is unlawful.
(ii) The record has exceeded the amount of time prescribed in Rule 15, Section C, Subsection ii, Clauses 1, 2, 3, and 4, AND the petitioner shows little to no chance of violating the law in the future, AND the petitioner is not currently associated nor have they been associated with any criminal organization 90 days prior to the date of filing.
(1) For any traffic infraction, 15 days shall have passed.
(2) For any other misdemeanor citation, misdemeanor arrest, or an undefined severity record, 30 days shall have passed.
(3) For any felony, except as listed in Clause 4, 60 days shall have passed.
(4) For any felony conviction or crimes which are perceived to be a major threat to state security (as to be interpreted by the presiding officer), 120 days shall have passed.
(iii) Any other extremely good cause (as to be interpreted by the presiding officer).
(1) Extremely good cause shall not include expungements based off of popularity, the community’s desire for a record to be expunged, or the presiding officer’s belief a conviction issued by another court is false.”
Section 3: Section E of Rule 15 of An Act to Establish General Rules of Procedure in the State Courts shall be created and state:
“The Attorney General, or their designee, shall be granted the opportunity to contest any expungement petitioned for. It shall, however, be the Department of Justice’s obligation to declare their intent to contest an expungement.”
Chief Sponsor:
Jefrafra, Attorney General and Speaker Pro Tempore
Co-Sponsor:
Skye_Jones, Speaker of the House
Hecxtro, Senator