2016 -- S 2837

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LC005428

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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 -- FILING OF COMPLAINTS

     Introduced By: Senators Lynch Prata, and Doyle

     Date Introduced: March 23, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. 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;

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) Express conditions of any filing in accordance with this section that the defendant

shall 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. 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 that 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 expunged. 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

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

automatically quashed and shall not be resurrected. 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. 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 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. Sections 12-19-9 and 12-19-14 of the General Laws in Chapter 12-19

entitled "Sentence and Execution" are hereby amended to read as follows:

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     12-19-9. Violation of terms of probation -- Notice to attorney general -- Revocation

or continuation of suspension. -- Whenever any person who has been placed on probation a

filing pursuant to § 12-9-8 §12-10-12 violates the terms and conditions of his or her probation as

fixed by the court, the police or the probation violating authority shall inform the attorney general

of the violation, and the attorney general shall cause the defendant to appear before the court. The

court may request the division of field services violating authority to render a report relative to

the conduct of the defendant, and, pending receipt of the report, may order the defendant held

without bail for a period not exceeding ten (10) days, excluding Saturdays, Sundays, and

holidays. The court shall conduct a hearing to determine whether the defendant has violated the

terms and conditions of his or her probation filing, at which hearing the defendant shall have the

opportunity to be present and to respond. Upon a determination that the defendant has violated

the terms and conditions of his or her probation filing the court, in open court and in the presence

of the defendant, may remove the suspension and order the defendant committed on the sentence

previously imposed, or on a lesser sentence, or impose a sentence if one has not been previously

imposed, or may continue the suspension of a sentence previously imposed, may remove the

filing and proceed to the further disposition of the complaint, or continue the filing of the

complaint, or may convert the filing to probation as to the court may seem just and proper.

     12-19-14. Violation of terms of probation -- Notice to court -- Revocation or

continuation of suspension. -- Whenever any person, who has been placed on probation by

virtue of the suspension of execution of his or her sentence a filing pursuant to § 12-19-13 §12-

10-12, violates the terms and conditions of his or her probation filing as fixed by the court, the

police or division of field services shall cause the defendant to appear before the court. The court

may require the division of field services violating authority to render a written report relative to

the conduct of the defendant, and, pending receipt of the report, may order the defendant held

without bail for a period not exceeding ten (10) days excluding Saturdays, Sundays, and holidays.

The court shall conduct a hearing to determine whether the defendant has violated the terms and

conditions of his or her probation filing, at which hearing the defendant shall have the opportunity

to be present and to respond. Upon a determination that the defendant has violated the terms and

conditions of his or her probation filing the court, in open court and in the presence of the

defendant, may revoke the suspension and order the defendant committed on the sentence

previously imposed, or on a lesser sentence, or may continue the suspension may remove the

filing and proceed to the further disposition of the complaint, or continue the filing of the

complaint, or may convert the filing to probation as to the court may seem just and proper.

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     SECTION 3. 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 -- FILING OF COMPLAINTS

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     This act would enable a violating authority to inform the attorney general whenever any

person who has been placed on a filing violates the terms and conditions of the probation.

     This act would take effect upon passage.

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