2014 -- H 7018

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LC003097

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

     Introduced By: Representatives Lombardi, O`Neill, Canario, Costa, and Giarrusso

     Date Introduced: January 08, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 12-1-12 and 12-1-12.1 of the General Laws in Chapter 12-1

entitled "Identification and Apprehension of Criminals" are hereby amended to read as follows:

     12-1-12. Destruction or sealing of records of persons acquitted or otherwise

exonerated. -- (a) (1) Any fingerprint, photograph, physical measurements, or other record of

identification, heretofore or hereafter taken by or under the direction of the attorney general, the

superintendent of state police, the member or members of the police department of any city or

town or any other officer authorized by this chapter to take them, of a person under arrest, prior to

the final conviction of the person for the offense then charged, shall be destroyed by all offices or

departments having the custody or possession within sixty (60) days after there has been an

acquittal, dismissal, no true bill, no information, dismissal pursuant to subsection 12-19-19(c), or

the person has been otherwise exonerated from the offense with which he or she is charged, and

the clerk of court where the exoneration has taken place shall, consistent with section 12-1-12.1,

place under seal all records of the person in the case including all records of the division of

criminal identification established by section 12-1-4.

      (2) Any person previously convicted of any felony offense shall not be entitled to relief

under this section except for those records in cases of acquittal after trial.

      (3) Any person who shall violate any provision of this section shall be fined not

exceeding one hundred dollars ($100).

      (b) Requirements of this section shall also apply to persons detained by police, but not

arrested or charged with an offense, or to persons against whom charges have been filed by the

court, and the period of such filing has expired.

      (c) Notwithstanding any other provision of this section, any person who has been

charged with a complaint for a crime involving domestic violence where the complaint was filed

upon a plea of not guilty, guilty or nolo contendere pursuant to section 12-10-12, must wait a

period of three (3) years from the date of filing before the records associated with the charge can

be expunged, sealed or otherwise destroyed.

     12-1-12.1. Motion for sealing of records of persons acquitted or otherwise

exonerated. -- (a) Any person who is acquitted or otherwise exonerated of all counts in a

criminal case, including, but not limited to, dismissal or filing of a no true bill or no information,

or dismissal pursuant to subsection 12-19-19(c), may file a motion for the sealing of his or her

court records in the case, provided, that no person who has been convicted of a felony shall be

entitled to relief under this section except for those records in cases of acquittal after trial.

      (b) Any person filing a motion for sealing his or her court records pursuant to this

section shall give notice of the hearing date set by the court to the department of the attorney

general and the police department which originally brought the charge against the person at least

ten (10) days prior to the hearing.

      (c) If the court, after the hearing at which all relevant testimony and information shall be

considered, finds that the person is entitled to the sealing of the records, it shall order the sealing

of the court records of the person in that case.

      (d) The clerk of the court shall, within forty-five (45) days of the order of the court

granting the motion, place under seal the court records in the case in which the acquittal,

dismissal, no true bill, no information or other exoneration has been entered.

      (e) Notwithstanding any other provision of this section, in all cases involving a filing

subsequent to a plea of not guilty, guilty or nolo contendere to a charge of a crime involving

domestic violence, the court having jurisdiction over the case shall retain the records of the case

for a period of three (3) years from the date of filing. The records shall not be expunged, sealed,

or otherwise destroyed for a period of three (3) years from the date of the filing.

     SECTION 2. Section 12-19-19 of the General Laws in Chapter 12-19 entitled "Sentence

and Execution" is hereby amended to read as follows:

     12-19-19. Sentencing on plea of guilty or nolo contendere -- Deferment of sentence. -

- (a) Whenever any person is arraigned before the superior court and pleads guilty or nolo

contendere, he or she may be at any time sentenced by the court; provided, that if at any time the

court formally defers sentencing then the person and the attorney general shall enter into a written

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deferral agreement to be filed with the clerk of the court. When a court formally defers sentence,

the court may only impose sentence within five (5) years from and after the date of the written

deferral agreement, unless during the five (5) year period, the person shall be declared to have

violated the terms and conditions of the deferment pursuant to subsection (b) of this section in

which event the court may impose sentence.

      (b) It shall be an express condition of any deferment of sentence in accordance with this

section that the person agreeing to said deferment of sentence shall at all times during the period

of deferment keep the peace and be of good behavior. A violation of this express condition or any

other condition set forth by either the court or the written deferral agreement shall violate the

terms and conditions of the deferment of sentence and the court may impose sentence. The

determination of whether a violation has occurred shall be made by the court in accordance with

procedures relating to violation of probation sections 12-19-2 and 12-19-14.

      (c) If a person, after the completion of the five (5) year deferment period is determined

by the court, after hearing thereupon, to have complied with all of the terms and conditions of the

written deferral agreement, including, but not limited to, the payment in full of any court ordered

fines, fees, costs, assessments, and restitution to victims of crime, then the matter shall be

dismissed then the person shall be exonerated of the charges for which sentence was deferred and

records relating to the criminal complaint, information or indictment shall be sealed pursuant to

the provision of section 12-1-12. Further, if any record of the criminal complaint, information or

indictment has been entered into a docket or alphabetical index, whether in writing or electronic

information storage or other data compilation system, all references to the identity of the person

charged by the complaint shall be sealed.

     SECTION 3. This act shall take effect upon passage; the provisions shall be given

retroactive and prospective effect, and shall apply to all matters pending upon the effective date

of this act.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

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     This act would address the retroactive of the deferred sentence expungement process.

     This act would take effect upon passage; the provisions would be given retroactive and

prospective effect and would apply to all matters pending upon the effective date of this act.

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