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Home Content Editorials/Letters

Second-chance bill becomes reality

Admin by Admin
April 13, 2016
in Editorials/Letters
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Law benefits about 100K low-level felons

Gov. Matt Bevin signs the expungement bill into law.

 

Gov. Matt Bevin signed a second-chance bill affecting about 100,000 Kentuckians with Class D felonies Tuesday.

Rep. Darryl Owens (D-Louisville) and Rep. David Floyd (R-Bardstown) have championed an expungement bill for low-level Class D felons for several years, but usually found Republican opponents in the House and Senate.

But after West Powell testified of how he stole a car stereo when he was 18 and was charged with a felony, Sen. Whitney Westerfield (R-Hopkinsville) said something clicked and changed his position on the subject and ultimately also the Senate’s.

“Westerfield… is the man who that I think most critical to this,” Owens said. “Mr. Powell you testified and he had an epiphany. He changed, but your testimony led him to understand the difficulty that people in your situation have. As the chair of the judiciary committee of the Senate, his help and support were critical.”

Westerfield changed the scope of low-level Class D felonies to 61 offenses, capturing about 70 percent of the Class-D felon population.

The bill’s language, written by Senate President Robert Stivers (R-Manchester) allows felons not to expunge their records, but erase them after meeting certain requirements, such as a five-year waiting period and completing all sentence requirements. The bill passed in the Senate 33-5 and later in the House 84-13.

Owens finished his short speech by saying the bill’s passage would be “life-altering piece of legislation,” and the “most consequential” to come out of the 2016 legislative session.

For Westerfield, the bill is about nearly 100,000 Kentuckians who it can give both hope and redemption.

Bevin, who rescinded former Gov. Steve Beshear’s prior expungement order, said the bill was the right thing to do at the right time and it is good for the Commonwealth.

Bevin told The State Journal he hopes to see more civil rights restored in the future.

“I’m in favor of other civil rights being restored,” Bevin said. “I think it’s important that we change the constitution of the Commonwealth of Kentucky. To put this on the ballot, to allow the restoration of voting rights for example. Whether it’s voting rights or the right to bear arms or whatever the case may be, there are certain civil rights that people lose as a part of the judicial process that I would be a proponent of seeing be restored.”

By Brad Bowman
The State Journal

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Kenny Meade, 58, of Lexington, KY formerly of Louisa

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