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Judges, defense and prosecutors clash over bill to clarify theft look‑back and sealing rules
Summary
Senate Bill 277 passed committee after contested testimony about whether sealed theft records may be used to enhance repeat‑offense penalties. Presenters said statutory clarification was needed; defense counsel said existing case law already allows enhancement.
Senate Bill 277, presented in committee as a clarification to the interaction of theft‑offense look‑back periods and sealing/expungement statutes, passed the Senate Judiciary Committee after extended debate on whether case law already permits sealed matters to be used in enhancement proceedings.
Judge Chris Griffin, who introduced the issue to the bill sponsor, told the panel the General Assembly’s recent move to a 10‑year look‑back for theft enhancements created an inconsistency with the sealing statute. ‘‘If something is expunged, it shall be deemed to never have happened as a…
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