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House Judiciary Committee advances H.409 that clarifies bail-appeal process and substitutes 'sealing' for 'expungement'
Summary
The House Judiciary committee reviewed H.409 (draft 3.1), which replaces the word “expungement” with “sealing,” clarifies when the state may appeal bail-revocation orders and distinguishes de novo single-justice appeals under 75 53(a) from ordinary appellate review; the committee moved the strike-all amendment but a recorded vote was not captured before recess.
The House Judiciary Committee on H.409 heard Chief Superior Judge Tom Zuni explain changes in the bill and moved to advance a strike-all amendment to draft 3.1 for further consideration.
Judge Tom Zuni told the committee that “Section 1 changes the word expungement to the word sealing,” saying the substitution aligns H.409 with recent sealing legislation and clarifies that sealed records qualify for the bill’s bail-review provisions. He also identified drafting clarifications in Section 2 intended to remove uncertainty about when the state may appeal certain orders.
The main policy change debated was how appeals should be handled. Committee member (Speaker 1) asked whether a single Supreme Court justice could…
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