SB6 SFA Palumbo 2-18 #1

Hartley 7889


    Senator Palumbo moved to amend the bill on page twenty-five, section, after line ninety-seven, by inserting a new section, designated section four-a, to read as follows:

§60A-10-4a. Expungement of first offense possession of ephedrine, pseudoephedrine or phenylpropanolamine.

    (a) Whenever any person who has not previously been convicted of a violation of chapter sixty-a of this code or a violation of the provisions of this article or under any statute of the United States or any state relating to controlled substances or methamphetamine precursors is charged with possession of ephedrine, pseudoephedrine or phenylpropanolamine in violation of subdivision (1), subsection (a), section four of this article, he or she may move the court to defer further proceedings and to be placed on probation under such terms and conditions as the court deems appropriate. Should the court find that the person possessed three and six-tenths grams of ephedrine, pseudoephedrine or phenylpropanolamine or less which had been lawfully purchased in the jurisdiction of sale and that the person possessed the ephedrine, pseudoephedrine or phenylpropanolamine with the intent that it be used in the manner and form intended by the manufacturer, the court shall defer further proceedings and place the person on probation.

    (b) Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities or sentencing enhancements imposed by law upon conviction of a crime. The effect of the dismissal and discharge shall be to restore the person in contemplation of law to the status he or she occupied prior to arrest. No person as to whom a dismissal and discharge have been effected shall be thereafter held to be guilty of perjury, false swearing or otherwise giving a false statement by reason of his or her failure to disclose or acknowledge his or her arrest or trial in response to any inquiry made of him or her for any purpose. There may be only one discharge and dismissal under this section with respect to any person.

    (c) After a period of not less than six months, which shall begin to run immediately upon the expiration of a term of probation imposed upon any person under this chapter, the person may apply to the court for an order to expunge from all official records all recordations of his or her arrest, trial and conviction, pursuant to this section. If the court determines after a hearing that the person during the period of his or her probation and during the period of time prior to his or her application to the court under this section has not been guilty of any serious or repeated violation of the conditions of his or her probation, it shall order the expungement.