2012 -- H 7738

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LC01695

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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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:

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     SECTION 1. Section 12-1.3-4 of the General Laws in Chapter 12-1.3 entitled

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"Expungement of Criminal Records" is hereby amended to read as follows:

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     12-1.3-4. Effect of expungement of records -- Access to expunged records --

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Wrongful disclosure. -- (a) Any person having his or her record expunged shall be released from

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all penalties and disabilities resulting from the crime of which he or she had been convicted,

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except, upon conviction of any subsequent crime, the expunged conviction may be considered as

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a prior conviction in determining the sentence to be imposed.

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      (b) In any application for employment, license, or other civil right or privilege, or any

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appearance as a witness, a person whose conviction of a crime has been expunged pursuant to this

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chapter may state that he or she has never been convicted of the crime; provided, that if the

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person is an applicant for a law enforcement agency position, for admission to the bar of any

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court, an applicant for a teaching certificate, under chapter 11 of title 16, for an initial

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professional license, or for a professional license renewal with the department of health, a

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coaching certificate under section 16-11.1-1, or the operator or employee of an early childhood

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education facility pursuant to chapter 48.1 of title 16, the person shall disclose the fact of a

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conviction.

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      (c) Whenever the records of any conviction and/or probation of an individual for the

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commission of a crime have been expunged under the provisions of this chapter, any custodian of

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the records of conviction relating to that crime shall not disclose the existence of the records upon

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inquiry from any source unless the inquiry is that of the individual whose record was expunged,

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that of a sentencing court following the conviction of the individual for the commission of a

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crime, or that of a bar admission, character and fitness, or disciplinary committee, board, or

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agency, or court which is considering a bar admission, character and fitness, or disciplinary

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matter, or that of the commissioner of elementary and secondary education, or that of the

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department of health regarding licensure and/or disciplinary action of any and all health

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professionals under its regulatory authority, or that of any law enforcement agency when the

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nature and character of the offense with which an individual is to be charged would be affected

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by virtue of the person having been previously convicted of the same offense.

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      (d) The custodian of any records which have been expunged pursuant to the provisions

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of this chapter shall only release or allow access to those records for the purposes specified in

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subsections (b) or (c) of this section or by order of a court. Any agency and/or person who

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willfully refuses to carry out the expungement of the records of conviction pursuant to section 12-

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1.3-2, or this section or willfully releases or willfully allows access to records of conviction,

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knowing them to have been expunged, shall be civilly liable.

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     SECTION 2. This act shall take effect upon passage.

     

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LC01695

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS

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     This act would amend the provisions of the general or public laws relating to

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expungement of criminal records, to require applicants to the department of health for

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professional initial licenses or license renewals to disclose all criminal convictions regardless of

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expungement and would require any custodian of records to release, and allow access to any

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expunged criminal records upon request from the department of health regarding licensure and/or

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disciplinary action of any and all health professionals under its regulatory authority.

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     This act would take effect upon passage.

     

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LC01695

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H7738