2014 -- S 2386

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LC003608

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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 -- IDENTIFICATION AND APPREHENSION OF

CRIMINALS

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

     Date Introduced: February 12, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

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

apply:

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

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

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

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

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

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

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

information relating to conviction and/or probation.

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

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

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

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

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

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

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

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

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

functions the gathering of intelligence data.

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

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

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

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

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

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

of the bureau's business.

     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 -- IDENTIFICATION AND APPREHENSION OF

CRIMINALS

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

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

     This act would take effect upon passage.

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