2012 -- S 2524

=======

LC01074

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF

CRIMINALS

     Introduced By: Senators Metts, Pichardo, Perry, Jabour, and Crowley

     Date Introduced: February 16, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 12-1.3-1 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

     12-1.3-1. Definitions. -- For purposes of this chapter only, the following definitions

1-4

apply:

1-5

      (1) "Crime of violence" includes murder, manslaughter, first degree arson, kidnapping

1-6

with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree

1-7

sexual assault, first and second degree child molestation, assault with intent to murder, assault

1-8

with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering

1-9

a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.

1-10

      (2) "Expungement of records and records of conviction" means the sealing and retention

1-11

of all records of a conviction and/or probation and the removal from active files of all records and

1-12

information relating to conviction and/or probation.

1-13

      (3) "First offender" means a person who has been convicted of a felony offense or a

1-14

misdemeanor offense, and who has not been previously convicted of or placed on probation for a

1-15

felony or a misdemeanor , or a person who has been convicted of not more than two (2)

1-16

misdemeanor offenses, and who has not been previously convicted of or placed on probation for a

1-17

felony and against whom there is no criminal proceeding pending in any court.

1-18

      (4) "Law enforcement agency" means a state police organization of this or any other

1-19

state, the enforcement division of the department of environmental management, the office of the

2-1

state fire marshal, the capitol police, a law enforcement agency of the federal government, and

2-2

any agency, department, or bureau of the United States government which has as one of its

2-3

functions the gathering of intelligence data.

2-4

      (5) "Records" and "records of conviction and/or probation" include all court records, all

2-5

records in the possession of any state or local police department, the bureau of criminal

2-6

identification and the probation department, including, but not limited to, any fingerprints,

2-7

photographs, physical measurements, or other records of identification. The terms "records" and

2-8

"records of conviction, and/or probation" do not include the records and files of the department of

2-9

attorney general which are not kept by the bureau of criminal identification in the ordinary course

2-10

of the bureau's business.

2-11

     SECTION 2. This act shall take effect upon passage.

=======

LC01074

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF

CRIMINALS

***

3-1

     This act would permit certain individuals with a record of two misdemeanor convictions

3-2

to still be eligible for expungement of those records by redefining the term “first time offender.”

3-3

     This act would take effect upon passage.

=======

LC01074

=======