2020 -- H 7929 | |
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LC003943 | |
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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 | |
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Introduced By: Representatives Williams, and Millea | |
Date Introduced: February 26, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 12-1-12 and 12-1-12.1 of the General Laws in Chapter 12-1 |
2 | entitled "Identification and Apprehension of Criminals" are hereby amended to read as follows: |
3 | 12-1-12. Destruction or sealing of records of persons acquitted or otherwise |
4 | exonerated. |
5 | (a)(1) Any fingerprint, photograph, physical measurements, or other record of |
6 | identification, heretofore or hereafter taken by or under the direction of the attorney general, the |
7 | superintendent of state police, the member or members of the police department of any city or |
8 | town or any other officer authorized by this chapter to take them, of a person under arrest, prior to |
9 | the final conviction of the person for the offense then charged, shall be destroyed by all offices or |
10 | departments having the custody or possession within sixty (60) days after there has been an |
11 | acquittal, dismissal, no true bill, no information, or the person has been otherwise exonerated |
12 | from the offense with which he or she is charged, and the clerk of court where the exoneration |
13 | has taken place shall, consistent with § 12-1-12.1, place under seal all records of the person in the |
14 | case including all records of the division of criminal identification established by § 12-1-4. |
15 | (2) Any person previously convicted of any felony offense shall not be entitled to relief |
16 | under this section except for those records in cases of acquittal after trial. |
17 | (3) Any person who shall violate any provision of this section shall be fined not |
18 | exceeding one hundred dollars ($100). |
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1 | (b) Requirements of this section shall also apply to persons detained by police, but not |
2 | arrested or charged with an offense, or to persons against whom charges have been filed by the |
3 | court, and the period of such filing has expired. |
4 | (c) Notwithstanding any other provision of this section, any person who has been charged |
5 | with a complaint for a crime involving domestic violence where the complaint was filed upon a |
6 | plea of not guilty, guilty or nolo contendere pursuant to § 12-10-12, must wait a period of three |
7 | (3) years from the date of filing before the records associated with the charge can be expunged, |
8 | sealed or otherwise destroyed. |
9 | 12-1-12.1. Motion for sealing of records of persons acquitted or otherwise |
10 | exonerated. |
11 | (a) Any person who is acquitted or otherwise exonerated of all counts in a criminal case, |
12 | including, but not limited to, dismissal or filing of a no true bill or no information, may file a |
13 | motion for the sealing of his or her court records in the case, provided, that no person who has |
14 | been convicted of a felony shall be entitled to relief under this section except for those records in |
15 | cases of acquittal after trial. |
16 | (b) Any person filing a motion for sealing his or her court records pursuant to this section |
17 | shall give notice of the hearing date set by the court to the department of the attorney general and |
18 | the police department that originally brought the charge against the person at least ten (10) days |
19 | prior to the hearing. |
20 | (c) If the court, after the hearing at which all relevant testimony and information shall be |
21 | considered, finds that the person is entitled to the sealing of the records, it shall order the sealing |
22 | of the court records of the person in that case. |
23 | (d) The clerk of the court shall, within forty-five (45) days of the order of the court |
24 | granting the motion, place under seal the court records in the case in which the acquittal, |
25 | dismissal, no true bill, no information or other exoneration has been entered. |
26 | (e) Notwithstanding any other provision of this section, in all cases involving a filing |
27 | subsequent to a plea of not guilty, guilty, or nolo contendere to a charge of a crime involving |
28 | domestic violence, the court having jurisdiction over the case shall retain the records of the case |
29 | for a period of three (3) years from the date of filing. The records shall not be expunged or sealed |
30 | for a period of three (3) years from the date of the filing. |
31 | (f) The defendant shall be advised at the hearing that any and all bail money relating to a |
32 | case that remains on deposit and is if not claimed at the time of within forty-eight (48) hours from |
33 | the time of the sealing shall be escheated to the state's general treasury in accordance with chapter |
34 | 12 of title 8. |
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1 | SECTION 2. Sections 12-1.3-2, 12-1.3-3 and 12-1.3-4 of the General Laws in Chapter |
2 | 12-1.3 entitled "Expungement of Criminal Records" are hereby amended to read as follows: |
3 | 12-1.3-2. Motion for expungement. |
4 | (a) Any person who is a first offender may file a motion for the expungement of all |
5 | records and records of conviction for a felony or misdemeanor by filing a motion in the court in |
6 | which the conviction took place; provided, that no person who has been convicted of a crime of |
7 | violence shall have his or her records and records of related to that conviction expunged; and |
8 | provided, that all outstanding court-imposed or court-related fees, fines, costs, assessments, |
9 | charges, and/or any other monetary obligations have been paid, unless such amounts are reduced |
10 | or waived by order of the court. |
11 | (b) Notwithstanding § 12-1.3-1(3) ("first offender"), any person who has been convicted |
12 | of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted |
13 | of a felony offense constituting a crime of violence may file a motion for the expungement of any |
14 | or all of those misdemeanors by filing a motion in the court in which the convictions took place; |
15 | provided that convictions for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are |
16 | not eligible for and may not be expunged under this subsection; provided, however, that |
17 | convictions for offenses under chapter 29 of title 12 or §§ 31-27-2 or 31-27-2.1 shall not be |
18 | counted toward the number of relevant convictions under this subsection and further, provided, |
19 | that any person with only one conviction under chapter 29 of title 12 or §§ 31-27-2 or 31-27-2.1 |
20 | shall be eligible to have their records expunged for those offenses five (5) years after the |
21 | conviction occurs and any person with no more than two (2) convictions for those offenses shall |
22 | be eligible to have those records expunged ten (10) years after those convictions occur if they |
23 | have not otherwise been arrested or convicted for any other offense subsequent to the last |
24 | conviction. |
25 | (c) Subject to subsection (a), a person may file a motion for the expungement of records |
26 | relating to a misdemeanor conviction after five (5) three (3) years from the date of the completion |
27 | of his or her sentence. |
28 | (d) Subject to subsection (a), a person may file a motion for the expungement of records |
29 | relating to a felony conviction after ten (10) five (5) years from the date of the completion of his |
30 | or her sentence. Notwithstanding § 12-1.3-1(3) ("first offender"), any person who has been |
31 | convicted of more than one felony, but fewer than six (6) felonies, and has not been convicted of |
32 | a felony offense constituting a crime of violence, may file a motion for the expungement of any |
33 | or all of those felonies by filing a motion in the court in which the convictions took place; |
34 | provided, that convictions for felony offenses under chapter 29 of title 12, § 31-27-2 or § 31-27- |
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1 | 2.1 are not eligible for and may not be expunged under this subsection. |
2 | (e) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this |
3 | section, a person may file a motion for the expungement of records relating to a deferred sentence |
4 | upon its completion, after which the court will hold a hearing on the motion. |
5 | (f) Subject to subsection (b) of this section, a person may file a motion for the |
6 | expungement of records relating to misdemeanor convictions after ten (10) three (3) years from |
7 | the date of the completion of their last sentence. Further subject to subsection (b) of this section, a |
8 | person may file a motion for the expungement of records relating to felony convictions after ten |
9 | (10) years from the date of the completion of their last sentence. |
10 | (g) Notwithstanding the provisions of subsections (a) through (f) of this section, a person |
11 | may file a motion for the expungement of records related to an offense that has been |
12 | decriminalized subsequent to the date of their conviction, after which the court will hold a hearing |
13 | on the motion in the court in which the original conviction took place. The court shall expunge |
14 | any records of conviction for any offense that has been decriminalized. |
15 | 12-1.3-3. Motion for expungement -- Notice -- Hearing -- Criteria for granting. |
16 | (a) Any person filing a motion for expungement of the records of his or her conviction |
17 | pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of |
18 | the attorney general and the police department that originally brought the charge against the |
19 | person at least ten (10) days prior to that date. |
20 | (b) The court, after the hearing at which all relevant testimony and information shall be |
21 | considered, may, in its discretion, shall order the expungement of the records of conviction of the |
22 | person filing the motion if it finds: |
23 | (1)(i) That in the five (5) three (3) years preceding the filing of the motion, if the |
24 | conviction was for a misdemeanor, or in the ten (10) five (5) years preceding the filing of the |
25 | motion, if the conviction was for a felony, the petitioner has not been convicted nor arrested for |
26 | any felony or misdemeanor; there are no criminal proceedings pending against the person; that |
27 | the person does not owe any outstanding court-imposed or court-related fees, fines, costs, |
28 | assessments, or charges, unless such amounts are reduced or waived by order of the court, and he |
29 | or she has exhibited good moral character; |
30 | (ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that |
31 | the person has complied with all of the terms and conditions of the deferral agreement including, |
32 | but not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and |
33 | restitution to victims of crimes; there are no criminal proceedings pending against the person; and |
34 | he or she has established good moral character. Provided, that no person who has been convicted |
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1 | of a crime of violence shall have their records relating to a deferred sentence expunged; or |
2 | (iii) Subject only to §§ 12-1.3-2(b) and (f), that in the ten (10) three (3) years preceding |
3 | the filing of the motion, if the convictions were for multiple misdemeanors, or ten (10) years if |
4 | the convictions were for multiple felonies, the petitioner has not been convicted nor arrested for |
5 | any felony or misdemeanor; there are no criminal proceedings pending against the person; and |
6 | they have exhibited good moral character; and, provided, subject to § 12-1.3-2 (b), (d) and (f), |
7 | that convictions for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible |
8 | and may not be expunged under this subsection. |
9 | (2) That the petitioner's rehabilitation has been attained to the court's satisfaction and the |
10 | expungement of the records of his or her conviction is consistent with the public interest. |
11 | (c) If the court grants the motion, it shall, after payment by the petitioner of a one |
12 | hundred dollar ($100) fee to be paid to the court, order all records and records of conviction |
13 | relating to the conviction expunged and all index and other references to it removed from public |
14 | inspection. A copy of the order of the court shall be sent to any law enforcement agency and other |
15 | agency known by either the petitioner, the department of the attorney general, or the court to have |
16 | possession of the record including, but not limited to, the department of probation and parole. |
17 | Compliance with the order shall be according to the terms specified by the court. |
18 | (d) The defendant shall be advised at the hearing that any and all bail money relating to a |
19 | case that remains on deposit and is not claimed at the time of expungement shall be escheated to |
20 | the state's general treasury in accordance with chapter 12 of title 8; provided, however, that any |
21 | fees due pursuant to subsection (c) of this section, shall be paid to the court from the bail money. |
22 | (e) In cases of expungement sought pursuant to § 12-1.3-2(g), the court shall, after a |
23 | hearing at which it finds that all conditions of the original criminal sentence have been completed, |
24 | and any and all fines, fees, and costs related to the conviction have been paid in full, order the |
25 | expungement without cost to the petitioner. At the hearing, the court may require the petitioner to |
26 | demonstrate that the prior criminal conviction would qualify as a decriminalized offense under |
27 | current law. The demonstration may include, but is not limited to, an affidavit signed by the |
28 | petitioner attesting to the fact that the prior conviction qualifies as a decriminalized offense under |
29 | current Rhode Island law. |
30 | 12-1.3-4. Effect of expungement of records -- Access to expunged records -- |
31 | Wrongful disclosure. |
32 | (a) Any person having his or her record expunged shall be released from all penalties and |
33 | disabilities resulting from the crime of which he or she had been convicted, except, upon |
34 | conviction of any subsequent crime, the expunged conviction may be considered as a prior |
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1 | conviction in determining the sentence to be imposed. |
2 | (b) In any application for employment, license, or other civil right or privilege, or any |
3 | appearance as a witness, a person whose conviction of a crime has been expunged pursuant to this |
4 | chapter may state that he or she has never been convicted of the crime; provided, that if the |
5 | person is an applicant for a law enforcement agency position, for admission to the bar of any |
6 | court, an applicant for a teaching certificate, under chapter 11 of title 16, a coaching certificate |
7 | under § 16-11.1-1, or the operator or employee of an early childhood education facility pursuant |
8 | to chapter 48.1 of title 16, the person shall disclose the fact of a conviction. |
9 | (c) Whenever the records of any conviction and/or probation of an individual for the |
10 | commission of a crime have been expunged under the provisions of this chapter, any custodian of |
11 | the records of conviction relating to that crime shall not disclose the existence of the records upon |
12 | inquiry from any source unless the inquiry is that of the individual whose record was expunged, |
13 | that of a sentencing court following the conviction of the individual for the commission of a |
14 | crime, or that of a bar admission, character and fitness, or disciplinary committee, board, or |
15 | agency, or court which is considering a bar admission, character and fitness, or disciplinary |
16 | matter, or that of the commissioner of elementary and secondary education, or that of any law |
17 | enforcement agency when the nature and character of the offense with which an individual is to |
18 | be charged would be affected by virtue of the person having been previously convicted of the |
19 | same offense. |
20 | (d) The custodian of any records which have been expunged pursuant to the provisions of |
21 | this chapter shall only release or allow access to those records for the purposes specified in |
22 | subsections (b) or (c) of this section or by order of a court. Any agency and/or person who |
23 | willfully refuses to carry out the expungement of the records of conviction pursuant to § 12-1.3-2, |
24 | or this section or willfully releases or willfully allows access to records of conviction, knowing |
25 | them to have been expunged, shall be civilly liable. |
26 | SECTION 3. This act shall take effect upon passage. |
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LC003943 | |
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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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1 | This act would make any acquittal or dismissal of any offense eligible for sealing under |
2 | chapter 1 of title 12, would lower the time limitations for certain expungements and amend the |
3 | eligibility requirements for certain expungements. |
4 | This act would take effect upon passage. |
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LC003943 | |
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