2023 -- H 6522

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LC003211

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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 -- PRELIMINARY PROCEEDINGS IN DISTRICT

COURTS

     Introduced By: Representatives Dawson, O'Brien, Craven, and Shanley

     Date Introduced: June 13, 2023

     Referred To: House 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, determine the

length of time in which the case will be on file but in no event shall it be longer than the maximum

jail sentence allowed by law. 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 shall be that the

defendant at all times during the one year period of filing 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 any condition set by the court may be deemed a violation of the filing and the matter

that was filed may be resurrected by the court, or the court may impose a sanction. 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 but does not impose a sanction, 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 but does not impose a sanction, 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 during the period of 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

following the filing during the period 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

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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 -- PRELIMINARY PROCEEDINGS IN DISTRICT

COURTS

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     This act would provide judges the discretion to make the time period of a filing under §

12-10-12, but in no event longer than the maximum jail sentence allowed by law.

     This act would take effect upon passage.

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