2015 -- H 5450

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LC001296

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - WRONGFUL ARREST - MISTAKEN

IDENTITY

     Introduced By: Representatives Tobon, DeSimone, Barros, Blazejewski, and Solomon

     Date Introduced: February 12, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 12-1 of the General Laws entitled "Identification and Apprehension

of Criminals" is hereby amended by adding thereto the following section:

     12-1-12.2. Sealing of arrest records for wrongful arrest due to mistaken identity or

any other reason - Notification. – (a) Definitions.

     (1) "Law enforcement agency" means the department of attorney general, the

superintendent of the state police or his/her designee, the member or members of the police

department of any city or town, a state or local 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.

     (2) "Destruction or sealing of records" means and include 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 or his/her designees of state police, the

member or members of the police department of any city or town, 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

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

     (b) Any law enforcement agency subsequent to the arrest of any person, that determines

that such person was wrongfully or incorrectly arrested as a result of mistaken identity or any

other reason or wrongfully fingerprinted, photographed or otherwise has generated any record of

arrest for investigatory purposes and as a result of such wrongful arrest, no charges have been

filed in any court of this state, shall within sixty (60) days of such determination that the arrest

was wrongful or without probable cause, seal all such arrest records and destroy all identifying

information and indices of arrest including, but not limited to, photographs and fingerprints. DNA

samples obtained from such person shall be handled in accordance with the provisions of chapter

1.5 of title 12 "DNA detection of sexual and violent offenders" during and related to the

investigation.

     (c) Any law enforcement agency that arrests or reports such arrest to other law

enforcement agency shall within sixty (60) days of making the determination that the arrest was

wrongful or without probable cause also notify all other agencies to which it has transmitted such

identifying information and including, but not limited to, the state’s bureau of criminal

identification (BCI), the National Crime Information Identity Center (NCIC) and/or any other

state or federal agency which compiles, retains or collects any arrest or identifying information of

arrestees, that the arrest was wrongful and that any and all records transmitted or generated shall

be sealed and/or destroyed as provided herein.

     (d) Any such person arrested and not charged shall be entitled to have all records and

indices of arrest sealed and/or destroyed as provided herein regardless of any prior record of

arrest or conviction that may otherwise not be eligible for expungement pursuant to § 12-1.3-1 et

seq., or sealing pursuant to § 12-1-12 et seq.

     (e) Any law enforcement agency, upon making such determination that such an arrest

was wrongful or without probable cause as provided herein, shall notify the person arrested that

the charge was dismissed or that no charges have been filed and that all arrest records and indices

of arrest have been sealed and/or destroyed consistent with this chapter.

     (f) Any person arrested, detained or otherwise identified as a suspect and who is

thereafter exonerated consistent with the provisions contained herein, may deny for any purpose,

that the arrest ever occurred and under no circumstances shall such an arrestee be required to

disclose the arrest for any purpose including, but not limited to, any application for employment,

professional license, concealed weapons permit or the purchase of a firearm or other weapon.

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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 - WRONGFUL ARREST - MISTAKEN

IDENTITY

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     This act would require the sealing and destruction of all arrest records and indices of

arrest for those persons who are wrongfully arrested or detained by any law enforcement agency.

It would also provide that the arrest need not be disclosed for any purpose and would mandate

that the arresting agency notify the arrestee of the determination that the arrest was wrongful

and/or a case of mistaken identity.

     This act would take effect upon passage.

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