Chapter 128

2010 -- S 2646 SUBSTITUTE A

Enacted 06/25/10

A N A C T

RELATING TO CRIMINAL PROCEDURE - SENTENCE AND EXECUTION

Introduced By: Senators Metts, C Levesque, Jabour, and Pichardo

Date Introduced: March 04, 2010

It is enacted by the General Assembly as follows:

SECTION 1. Section 12-19-19 of the General Laws in Chapter 12-19 entitled "Sentence

and Execution" is hereby amended to read as follows:

12-19-19. Sentencing on plea of guilty or nolo contendere -- Deferment of sentence. –

(a) Whenever any prisoner person is arraigned before the superior court and pleads guilty or nolo

contendere refuses to contend with the state, he or she may be at any time sentenced by the court;

provided,; that if at any time the court formally defers sentencing then the person and the attorney

general shall enter into a written deferral agreement to be defendant, and upon the deferral a

written agreement concerning the deferring of sentence is entered into between the attorney

general and the prisoner and filed with the clerk of the court,. When a court formally defers

sentence, the court may only impose sentence within five (5) years from and after the date of the

written deferral agreement, unless during the five (5) year period, the prisoner person shall be

declared to have violated the terms and conditions of the deferment pursuant to subsection (a) of

this section sentenced to imprisonment in this or in any other state, in which event the court may

impose sentence. at any time within five (5) years from and after the termination of the sentence

of imprisonment, or unless at the time the sentence is formally deferred the prisoner is serving a

term of imprisonment under sentence previously imposed in another case, in which event the

court may impose sentence at any time within five (5) years from and after the date on which the

prisoner is released from prison either on parole or at the termination of the sentence of

imprisonment, whichever first occurs.

(b) It shall be an express condition of any deferment of sentence in accordance with this

section that the person agreeing to said deferment of sentence shall at all times during the period

of deferment keep the peace and be of good behavior. A violation of this express condition or any

other conditions set forth by either the court or the written deferral agreement shall violate the

terms and conditions of the deferment of sentence and the court may impose sentence. The

determination of whether a violation has occurred shall be made by the court in accordance with

procedures relating to violation of probation section 12-19-2 and 12-19-14.

(c) If a person, after the completion of the five (5) year deferment period is determined by

the court to have complied with all of the terms and conditions of the written deferral agreement,

then the person shall be exonerated of the charges for which sentence was deferred and records

relating to the criminal complaint, information or indictment shall be sealed pursuant to the

provision of chapter 1 section 12 of this title. Further, if any record of the criminal complaint,

information or indictment has been entered into a docket or alphabetical index, whether in writing

or electronic information storage or other data compilation system, all references to the identity of

the person charged by the complaint shall be sealed.

SECTION 2. This act shall take effect upon passage.

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LC01639/SUB A/2

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