2016 -- S 2064

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LC003166

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL PROCEDURE-IDENTIFICATION AND APPREHENSION OF

CRIMINALS

     Introduced By: Senators Picard, and Metts

     Date Introduced: January 13, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 12-1.3-1, 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:

     12-1.3-1. 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" "Qualified offender" means a person who has been convicted of no

more than two (2) felony offenses or two (2) misdemeanor offenses or a combination of one

felony and one misdemeanor offense, 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 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.

     12-1.3-2. Motion for expungement. -- (a) Any person who is a first qualified 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; and 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.

      (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)

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 that 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

convictions was for a misdemeanor were for misdemeanors, or in the ten (10) years preceding the

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filing of the motion if the conviction convictions was were for felonies or a combination of a

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

other 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, 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 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 that 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. 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

***

     This act would make individuals with two (2) or less convictions, regardless of whether

the convictions were for felonies or misdemeanors, or a combination of each, eligible to have

their criminal records expunged.

     This act would take effect upon passage.

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