2015 -- S 0515

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LC001903

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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 - EXPUNGEMENTS

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 26, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 3-8-12 of the General Laws in Chapter 3-8 entitled "Regulation of

Sales" is hereby amended to read as follows:

     3-8-12. Expungement of certain criminal records. -- The court records of conviction of

any person convicted of a violation of § 3-8-6, 3-8-9, or 3-8-10, while between the age of

eighteen (18) to twenty-one (21) shall be expunged. without the requirement of filing a motion

pursuant to chapter 1.3 of title 12; provided, that all outstanding court imposed or court related

fees, fines, costs, assessments, charges and/or any other obligations imposed by the court have

been paid and/or satisfied, or are reduced or waived by order of the court for good cause shown.

The defendant shall be advised that any and all bail money relating to a case which remains on

deposit and is not claimed at the time of expungement shall be escheated to the state's general

treasury in accordance with chapter 12 of title 8.

     SECTION 2. Section 12-1-12.1 of the General Laws in Chapter 12-1 entitled

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

     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,

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, or

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

     (f) The defendant shall be advised at the hearing that any and all bail money relating to a

case which remains on deposit and is not claimed at the time of expungement shall be escheated

to the state's general treasury in accordance with chapter 12 of title 8.

     SECTION 3. Sections 12-1.3-2 and 12-1.3-3 of the General Laws in Chapter 12-1.3

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

     12-1.3-2. Motion for expungement. -- (a) Any person who is a first offender may file a

motion for the expungement of all records and records of conviction for a felony or misdemeanor

by filing a motion in the court in which the conviction took place, provided that no person who

has been convicted of a crime of violence shall have his or her records and records of conviction

expunged.; provided, that all outstanding court imposed or court related fees, fines, costs,

assessments, charges and/or any other monetary obligations have been paid, unless such amounts

are reduced or waived by order of the court for good cause shown.

      (b) Subject to subsection (a) of this section, a person may file a motion for the

expungement of records relating to a misdemeanor conviction after five (5) years from the date of

the completion of his or her sentence.

      (c) Subject to subsection (a) of this section, a person may file a motion for the

expungement of records relating to a felony conviction after ten (10) years from the date of the

completion of his or her sentence.

     12-1.3-3. Motion for expungement -- Notice -- Hearing -- Criteria for granting. -- (a)

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Any person filing a motion for expungement of the records of his or her conviction pursuant to §

12-1.3-2 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 that date.

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

considered, may in its discretion order the expungement of the records of conviction of the person

filing the motion if it finds:

      (1) That in the five (5) years preceding the filing of the motion, if the conviction was for

a misdemeanor, or in the ten (10) years preceding the filing of the motion if the conviction was

for a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor,

there are no criminal proceedings pending against the person, that the person does not owe any

outstanding court imposed or court related fees, fines, costs, assessments, or charges, unless such

amounts are reduced or waived by order of the court for good cause shown, and he or she has

exhibited good moral character;

      (2) That the petitioner's rehabilitation has been attained to the court's satisfaction and the

expungement of the records of his or her conviction is consistent with the public interest.

      (c) If the court grants the motion, it shall, after payment by the petitioner of a one

hundred dollar ($100) fee to be paid to the court order all records and records of conviction

relating to the conviction expunged and all index and other references to it deleted removed from

public inspection. A copy of the order of the court shall be sent to any law enforcement agency

and other agency known by either the petitioner, the department of the attorney general, or the

court to have possession of the records. Compliance with the order shall be according to the terms

specified by the court.

     (d) The defendant shall be advised at the hearing that any and all bail money relating to a

case which remains on deposit and is not claimed at the time of expungement shall be escheated

to the state's general treasury in accordance with chapter 12 of title 8.

     SECTION 4. Section 12-10-12 of the General Laws in Chapter 12-10 entitled

"Preliminary Proceedings in District Courts" is hereby amended to read as follows:

     12-10-12. Filing of complaints. -- (a) Subject to any other provisions of law relative to

the filing of complaints for particular crimes, any judge of the district court or superior court may

place on file any complaint in a criminal case other than a complaint for the commission of a

felony or a complaint against a person who has been convicted of a felony or a private complaint.

The court may in its discretion require, as a condition of the filing, the performance of services

for the public good or may attach any other conditions to it that the court shall determine;

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provided, in cases where the court ordered restitution totals less than two hundred dollars ($200)

to an injured party pursuant to this section or § 12-19-34, the court shall require that full

restitution be made at the time of sentencing if the court determines that the defendant has the

present ability to make the restitution.

      (b) It shall be an express Express condition conditions of any filing in accordance with

this section that the defendant shall be at all times during the one year keep the peace and be of

good behavior and shall have paid all outstanding court imposed or court related fees, fines, costs,

assessments, charges, and/or any other monetary obligations unless reduced or waived by order of

the court for good cause shown. A violation of that these express condition conditions or any

other condition set by the court, shall be deemed a violation of the filing and the matter which

was filed may be resurrected by the court. A determination of whether a violation has occurred

shall be made by the court in accordance with the procedures relating to a violation of probation,

§§ 12-19-9 and 12-19-14.

      (c) In the event the complaint was originally filed under this section subsequent to the

defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have

been a violation, may sentence the defendant. In the event the court filed the complaint under this

section while the defendant maintained a plea of not guilty, if the court finds there to have been a

violation, it may proceed to the further disposition of the complaint according to law. If no action

is taken on the complaint for a period of one year following the filing, the complaint shall be

automatically quashed and destroyed expunged. All records relating to the complaint shall be

expunged pursuant to the provisions of chapter 1.3 of this title. Further, if any record of the

complaint has been entered into a docket or alphabetical index, whether kept in writing or in an

electronic information storage system or other data compilation system, all references to the

identity of the person charged by the complaint shall be removed from the docket or index. No

criminal record shall result; provided, that in any civil action for a tort, a plea of guilty or a

finding of guilty should be admissible notwithstanding the fact that the complaint has been filed.

      (d) Notwithstanding the foregoing provisions of this section, in the event a complaint for

a crime involving domestic violence was originally filed under this section subsequent to the

defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have

been a violation, may sentence the defendant. In the event the court filed the complaint for a

crime involving domestic violence under this section while the defendant maintained a plea of not

guilty, if the court finds there to have been a violation, it may proceed to the further disposition of

the complaint for a crime involving domestic violence according to law. If, for a period of one

year after the date of filing the defendant is not charged with a violation pursuant to subsection

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(b) of this section, the filed complaint for the crime involving domestic violence shall be

automatically quashed and shall not be resurrected expunged without the requirement of filing a

motion pursuant to chapter 1.3 of title 12. If, for a period of three (3) years after the date of filing,

the defendant is not charged with a crime involving domestic violence, or if so charged, is

acquitted or the complaint is dismissed, all records relating to the filed complaint for a crime

involving domestic violence shall be expunged without the requirement of filing a motion

pursuant to chapter 1.3 of title 12 pursuant to the provisions of chapter 1.3 of this title. Further, if

any record of the complaint for a crime involving domestic violence has been entered into a

docket or alphabetical index, whether kept in writing or in an electronic information storage

system or other data compilation system, all references to the identity of the person charged by

the complaint for a crime involving domestic violence shall be removed from the docket index at

the same time the complaint is quashed or destroyed. A violation of these express conditions or

any other condition set by the court shall be deemed a violation of the filing and the matter which

was filed may be resurrected by the court. No criminal records shall result, unless in any civil

action for a tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the

fact that the complaint has been filed. Provided however, that in sentencing a defendant for a

crime involving domestic violence of which the defendant was charged within three (3) years

after the filing of a prior crime involving domestic violence to which the defendant pleaded guilty

or nolo contendere, the court may take the plea into consideration.

     (e) The defendant shall be advised that any and all bail money relating to a case which

remains on deposit and is not claimed at the time of expungement shall be escheated to the state's

general treasury in accordance with chapter 12 of title 8.

     SECTION 5. 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 - EXPUNGEMENTS

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     This act would make uniform the process of case expungement for different types of

cases, would clarify whether a motion and payment for an expungement is required pursuant to

chapter 1.3 of title 12, and would also require that all outstanding costs, fines and monetary

obligations owed by the defendant be paid as a condition of expungement unless reduced or

waived by the court and, after the defendant is given notice, would permit any unclaimed bail to

be transferred to the unclaimed property division of the general treasurer's office in accordance

with chapter 12 of title 8.

     This act would take effect upon passage.

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