Rep. MURPHY proposes the following Amendment No. 2 to H. 3066 (COUNCIL\AHB\3066C002.BH.AHB20):

Reference is to Printer's Date 2/5/20-H.

Amend the bill, as and if amended, Page [3066-1], by deleting SECTION 1 and inserting:

/SECTION1. Chapter 1, Title 17 of the 1976 Code is amended by adding:

"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 and no charges have been filed against the person nor will be filed due to the 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.

(B) Law enforcement and prosecution agencies shall retain the arrest and booking record, associated bench warrants, mug shots, and fingerprints of the person under seal for three years and one hundred twenty days. A law enforcement or prosecution agency may retain the information indefinitely for purposes of ongoing or future investigations and prosecution of the offense, administrative hearings, and to defend the agency and the agency's employees during litigation proceedings. The information must remain under seal. The information is not a public document and is exempt from disclosure, except by court order." /