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Bill to erase arrest records approved by Senate committee
By ALDETH LEWIN
Friday, October 23rd 2009


A measure that would allow people who were arrested - but never tried or convicted - to have the arrest expunged from their public record passed through the Senate Rules and Judiciary Committee on Thursday along with 12 other bills.

The bill, as it was originally proposed, extended expungement to people convicted of crimes as well under certain circumstances, but an amendment offered by Sen. Usie Richards deleted that portion of the bill after objections from the V.I. Justice Department, the V.I. Public Defender's Office and the V.I. Superior Court.

To have an arrest record expunged, an individual would have to petition the court. If the Justice Department objects to the petition, the matter would go before a judge for a hearing. The judge's decision could not be appealed, according to the proposed legislation.

People giving testimony also were concerned about language in the bill to destroy the arrest record and all evidence such as fingerprints, DNA samples and mug shots. Deputy Attorney General Charlotte Poole-Davis said that it is important to keep the information on file - even if it is expunged from the public record - so that if a person is arrested in the future an investigator or judge can access the information.

Senators agreed that the recommendation was reasonable, saying their greatest priority was to help people wrongfully arrested to apply for jobs without having to disclose that they had been arrested previously.

The word "destroying" also was removed from the bill.

A 13th bill on Thursday's agenda - to extend peace officer status to several other departments and agencies - was held in committee.

The remaining 12 bills all were passed on to the full Senate for consideration. They are:

- A measure to require all doctors in the territory to use electronic prescriptions. The bill would bring the territory in line with the federal Medicare Prescription Drug Improvement and Modernization Act of 2003.

- A bill to appropriate $70,865.03 to the Public Works Department for the flood mitigation projects in Estate Hannah's Rest on St. Croix.

- A bill to give $107,500 from the General Fund to Our Town Frederiksted for operating expenses.

- A bill to give $300,000 to Luis Hospital to purchase a mammogram machine. The money would come from the Internal Revenue Matching Fund.

- The V.I. Revised Uniform Anatomical Gift Act, which would repeal a previous law and update the procedures and rules for donating organs to be in line with other states and territories.

- The V.I. Real Property Electronic Recording Act, which would give the Office of the Recorder of Deeds the authority to make the transition from a paper-based system to an electronic records system. The proposed law would allow the Recorder of Deeds to accept electronic records with electronic signatures for documents relating to real estate transactions.

- A bill to establish the Territorial Active Military Service Revolving Fund, which would be used to pay V.I. National Guard employees when they are called to perform territorial service. An annual appropriation of $200,000 from the Internal Revenue Matching Fund would supply the funding.

- A bill to allow V.I. Lottery Commission members whose terms have expired to remain on the board until successors have been confirmed.

- A bill to appropriate $3 million from the Internal Revenue Matching Fund to Luis Hospital to renovate and upgrade its emergency room.

- A bill to establish a one-year amnesty period for delinquent gross receipt taxes. The interest and penalties will be waived during the one-year period.

- The Virgin Islands Secure and Fair Enforcement Mortgage Licensing Act of 2009, which would bring the territory in line with many other states which have passed similar legislation to protect homeowners by regulating the mortgage industry.

- A bill to prohibit text messaging or watching television or videos while driving.













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