2020 -- H 7091

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LC003004

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF

CRIMINALS

     

     Introduced By: Representatives Knight, Ajello, Millea, Speakman, and Cassar

     Date Introduced: January 10, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 12-1.3-2 and 12-1.3-3 of the General Laws in Chapter 12-1.3

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

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     12-1.3-2. Motion for expungement.

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     (a) Any person who is a first offender may file a motion for the expungement of all

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records and records of conviction for a felony or misdemeanor by filing a motion in the court in

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which the conviction took place; provided, that no person who has been convicted of a crime of

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violence shall have his or her records and records of conviction expunged; and provided, that all

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outstanding court-imposed or court-related fees, fines, costs, assessments, charges, and/or any

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other monetary obligations have been paid, unless such amounts are reduced or waived by order

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of the court.

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     (b) Notwithstanding § 12-1.3-1(3) ("first offender"), any person who has been convicted

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of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted

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of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a

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motion in the court in which the convictions took place; provided that convictions for offenses

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under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible for and may not be

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expunged under this subsection.

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     (c) Subject to subsection (a), a person may file a motion for the expungement of records

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relating to a misdemeanor conviction after five (5) years from the date of the completion of his or

 

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her sentence.

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     (d) Subject to subsection (a), a person may file a motion for the expungement of records

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relating to a felony conviction after ten (10) years from the date of the completion of his or her

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sentence, provided, however, that any person convicted of an offense constituting simple

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possession of a controlled substance under § 21-28-4.01 may file a motion for expungement of

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records after five (5) years.

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     (e) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this

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section, a person may file a motion for the expungement of records relating to a deferred sentence

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upon its completion, after which the court will hold a hearing on the motion.

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

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expungement of records relating to misdemeanor convictions after ten (10) years from the date of

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the completion of their last sentence.

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     (g) Notwithstanding the provisions of subsections (a) through (f) of this section, a person

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may file a motion for the expungement of records related to an offense that has been

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decriminalized subsequent to the date of their conviction, after which the court will hold a hearing

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on the motion in the court in which the original conviction took place.

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

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     (a) Any person filing a motion for expungement of the records of his or her conviction

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pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of

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the attorney general and the police department that originally brought the charge against the

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person at least ten (10) days prior to that date.

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

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

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person filing the motion if it finds:

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

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

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

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misdemeanor; there are no criminal proceedings pending against the person; that the person does

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not owe any outstanding court-imposed or court-related fees, fines, costs, assessments, or

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charges, unless such amounts are reduced or waived by order of the court, and he or she has

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exhibited good moral character;

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     (ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that

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the person has complied with all of the terms and conditions of the deferral agreement including,

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but not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and

 

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restitution to victims of crimes; there are no criminal proceedings pending against the person; and

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he or she has established good moral character. Provided, that no person who has been convicted

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of a crime of violence shall have their records relating to a deferred sentence expunged; or

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     (iii) Subject only to §§ 12-1.3-2(b) and (f), that in the ten (10) years preceding the filing

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of the motion, if the convictions were for multiple misdemeanors, the petitioner has not been

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convicted nor arrested for any felony or misdemeanor; there are no criminal proceedings pending

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against the person; and they have exhibited good moral character; and, provided that convictions

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for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible and may not be

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expunged under this subsection.

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

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

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

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

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

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

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agency known by either the petitioner, the department of the attorney general, or the court to have

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possession of the records. Compliance with the order shall be according to the terms specified by

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the court.

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

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

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

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     (e) In cases of expungement sought pursuant to § 12-1.3-2(g), the court shall, after a

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hearing at which it finds that all conditions of the original criminal sentence have been completed,

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and any and all fines, fees, and costs related to the conviction have been paid in full, order the

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expungement without cost to the petitioner. At the hearing, the court may require the petitioner to

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demonstrate that the prior criminal conviction would qualify as a decriminalized offense under

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current law. The demonstration may include, but is not limited to, an affidavit signed by the

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petitioner attesting to the fact that the prior conviction qualifies as a decriminalized offense under

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current Rhode Island law.

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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 -- IDENTIFICATION AND APPREHENSION OF

CRIMINALS

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     This act would make those persons convicted of felony simple possession of a controlled

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substance eligible for expungement five (5) years after completion of their sentence. The act

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would also repeal the requirement that those seeking expungement pay a fee to the court.

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     This act would take effect upon passage.

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