|
2012 -- H 7738 | |
|
======= | |
|
LC01695 | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2012 | |
|
| |
|
____________ | |
|
| |
|
A N A C T | |
|
RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS | |
|
|
|
|
|
|
|
Introduced By: Representatives McNamara, Bennett, and Hull | |
|
Date Introduced: February 16, 2012 | |
|
Referred To: House Health, Education & Welfare | |
|
It is enacted by the General Assembly as follows: | |
|
1-1 |
SECTION 1. Section 12-1.3-4 of the General Laws in Chapter 12-1.3 entitled |
|
1-2 |
"Expungement of Criminal Records" is hereby amended to read as follows: |
|
1-3 |
12-1.3-4. Effect of expungement of records -- Access to expunged records -- |
|
1-4 |
Wrongful disclosure. -- (a) Any person having his or her record expunged shall be released from |
|
1-5 |
all penalties and disabilities resulting from the crime of which he or she had been convicted, |
|
1-6 |
except, upon conviction of any subsequent crime, the expunged conviction may be considered as |
|
1-7 |
a prior conviction in determining the sentence to be imposed. |
|
1-8 |
(b) In any application for employment, license, or other civil right or privilege, or any |
|
1-9 |
appearance as a witness, a person whose conviction of a crime has been expunged pursuant to this |
|
1-10 |
chapter may state that he or she has never been convicted of the crime; provided, that if the |
|
1-11 |
person is an applicant for a law enforcement agency position, for admission to the bar of any |
|
1-12 |
court, an applicant for a teaching certificate, under chapter 11 of title 16, for an initial |
|
1-13 |
professional license, or for a professional license renewal with the department of health, a |
|
1-14 |
coaching certificate under section 16-11.1-1, or the operator or employee of an early childhood |
|
1-15 |
education facility pursuant to chapter 48.1 of title 16, the person shall disclose the fact of a |
|
1-16 |
conviction. |
|
1-17 |
(c) Whenever the records of any conviction and/or probation of an individual for the |
|
1-18 |
commission of a crime have been expunged under the provisions of this chapter, any custodian of |
|
1-19 |
the records of conviction relating to that crime shall not disclose the existence of the records upon |
|
1-20 |
inquiry from any source unless the inquiry is that of the individual whose record was expunged, |
|
2-1 |
that of a sentencing court following the conviction of the individual for the commission of a |
|
2-2 |
crime, or that of a bar admission, character and fitness, or disciplinary committee, board, or |
|
2-3 |
agency, or court which is considering a bar admission, character and fitness, or disciplinary |
|
2-4 |
matter, or that of the commissioner of elementary and secondary education, or that of the |
|
2-5 |
department of health regarding licensure and/or disciplinary action of any and all health |
|
2-6 |
professionals under its regulatory authority, or that of any law enforcement agency when the |
|
2-7 |
nature and character of the offense with which an individual is to be charged would be affected |
|
2-8 |
by virtue of the person having been previously convicted of the same offense. |
|
2-9 |
(d) The custodian of any records which have been expunged pursuant to the provisions |
|
2-10 |
of this chapter shall only release or allow access to those records for the purposes specified in |
|
2-11 |
subsections (b) or (c) of this section or by order of a court. Any agency and/or person who |
|
2-12 |
willfully refuses to carry out the expungement of the records of conviction pursuant to section 12- |
|
2-13 |
1.3-2, or this section or willfully releases or willfully allows access to records of conviction, |
|
2-14 |
knowing them to have been expunged, shall be civilly liable. |
|
2-15 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC01695 | |
|
======= | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS | |
|
*** | |
|
3-1 |
This act would amend the provisions of the general or public laws relating to |
|
3-2 |
expungement of criminal records, to require applicants to the department of health for |
|
3-3 |
professional initial licenses or license renewals to disclose all criminal convictions regardless of |
|
3-4 |
expungement and would require any custodian of records to release, and allow access to any |
|
3-5 |
expunged criminal records upon request from the department of health regarding licensure and/or |
|
3-6 |
disciplinary action of any and all health professionals under its regulatory authority. |
|
3-7 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC01695 | |
|
======= |