2023 -- H 5913

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LC002417

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF

CRIMINALS

     

     Introduced By: Representatives Craven, and Dawson

     Date Introduced: March 01, 2023

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

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

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

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     12-1-12.1. Sealing of records of persons acquitted or otherwise exonerated by

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operation of law or by motion.

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     (a) By operation of law, the court shall automatically seal the records of any criminal case

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that was dismissed pursuant to the district court rule of criminal procedure 48(a), including all

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records of the division of criminal identification established by § 12-1-4 without the requirement

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of filing a motion under the following circumstances:

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     (1) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) on or

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after January 1, 2023, shall be automatically sealed ninety (90) within a reasonable period of time

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but not less than ten (10) days after the dismissal; or

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     (2) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) prior to

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January 1, 2023, shall be sealed administratively by the court clerk at the request of the defendant

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and any sealing order of the district court entered as a result shall be sent electronically by the clerk

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of the court to the bureau of criminal identification established by § 12-1-4 within five (5) days of

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the entry of the order and shall be carried out within ninety (90) days of the receipt of the order.

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     (b) Any person who is acquitted or otherwise exonerated of all counts in a criminal case,

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including, but not limited to, dismissals not described in subsection (a) of this section or filing of a

 

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no true bill or no information, may file a motion for the sealing of his or her court records in the

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case.

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     (1) Any person filing a motion for sealing his or her court records pursuant to this section

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shall give notice of the hearing date set by the court to the department of the attorney general and

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the police department that originally brought the charge against the person at least ten (10) days

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prior to the hearing.

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

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considered, finds that the person is entitled to the sealing of the records, it shall order the sealing

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of the court records of the person in that case.

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     (3) The clerk of the court shall, within forty-five (45) days of the order of the court granting

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the motion, place under seal the court records in the case in which the acquittal, dismissal, no true

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bill, no information, or other exoneration has been entered.

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     (c) Notwithstanding any other provision of this section, in all cases involving a filing

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subsequent to a plea of not guilty, guilty, or nolo contendere to a charge of a crime involving

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domestic violence, the court having jurisdiction over the case shall retain the records of the case

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for a period of three (3) years from the date of filing. The records shall not be expunged or sealed

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for a period of three (3) years from the date of the filing.

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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 sealing shall be escheated to the state’s

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general treasury in accordance with chapter 12 of title 8.

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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 amend the current timeframe for automatic sealing of criminal cases in the

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district court, where the matter was dismissed pursuant Rule 48(a) of the district court rules of

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criminal procedure, from the current time frame of ninety (90) days to within a reasonable period

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of time but not less than ten (10) days after dismissal of the criminal matter.

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     This act would take effect upon passage.

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