2013 -- S 0338

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS

     Introduced By: Senator Harold M. Metts

     Date Introduced: February 13, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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

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apply:

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

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

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

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

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

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

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

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information relating to conviction and/or probation.

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

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misdemeanor offense, and :

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     (i) Who has not been previously convicted of or placed on probation for a felony or a

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misdemeanor and against whom there is no criminal proceeding pending in any court; or

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     (ii) Has not been previously convicted of or placed on probation for a felony for a period

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of twenty (20) years or a misdemeanor for a period of ten (10) years from the date that relief is

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sought pursuant to this section and against whom there is no criminal proceeding pending in any

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court; and

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      (iii) For the purpose of this section only, those previously convicted of or placed on

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probation for violations of section 31-11-18 of the general laws and otherwise eligible for relief

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under this section shall be deemed "first offenders."

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

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

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

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

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functions the gathering of intelligence data.

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

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

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

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

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

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

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of the bureau's business.

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     SECTION 2. This act shall take effect upon passage.

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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 definition of “first offender” for purposes of consideration

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under the expungement statute.

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     This act would take effect upon passage.

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By request