Chapter 426

2016 -- S 2421 Enacted 07/12/2016

A N   A C T

RELATING TO CRIMINAL PROCEDURE - IDENTIFICATION AND APPREHENSION OF CRIMINALS

Introduced By: Senators Pichardo, Metts, Jabour, and Nesselbush

Date Introduced: February 11, 2016

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 12-1 of the General Laws entitled "Identification and Apprehension

of Criminals" is hereby amended by adding thereto the following section:

12-1-12.2. Sealing of arrest records for wrongful arrest due to mistaken identity or

any other reason - Notification. – (a) Definitions.

(1) "Law-enforcement agency" means the department of attorney general; the

superintendent of the state police, or his or her designee; the member, or members, of the police

department of any city or town; a state or local police organization of this or any other state; the

enforcement division of the department of environmental management; the office of the state fire

marshal; the capitol police; a law-enforcement agency of the federal government; and any

agency, department, or bureau of the United States government that has, as one of its functions,

the gathering of intelligence data.

(2) "Destruction or sealing of records" means, and includes, any fingerprint, photograph,

physical measurements, or other record of identification, heretofore or hereafter taken by, or

under the direction of, the attorney general; the superintendent or his or her designees of state

police; the member, or members, of the police department of any city or town; the enforcement

division of the department of environmental management; the office of the state fire marshal; the

capitol police; a law-enforcement agency of the federal government; any agency, department, or

bureau of the United States government that has as one of its functions the gathering of

intelligence data; or any other officer authorized by this chapter to take them, of a person under

arrest.

(b) Any law-enforcement agency, subsequent to the arrest of any person, that determines

that such person was wrongfully or incorrectly arrested as a result of mistaken identity or any

other reason, or wrongfully fingerprinted, photographed, or otherwise has generated any record of

arrest for investigatory purposes and, as a result of such wrongful arrest, no charges have been

filed in any court of this state, shall, within sixty (60) days of such determination that the arrest

was wrongful or without probable cause, seal all such arrest records and destroy all identifying

information and indices of arrest, including, but not limited to, photographs and fingerprints.

DNA samples obtained from such person shall be handled in accordance with the provisions of

chapter 1.5 of title 12, "DNA detection of sexual and violent offenders" during, and related to, the

investigation.

(c) Any law-enforcement agency that arrests and reports such arrest to any other law-

enforcement agency shall, within sixty (60) days of making the determination that the arrest was

wrongful or without probable cause, also notify all other agencies to which it has transmitted such

identifying information and including, but not limited to, the state’s bureau of criminal

identification (BCI), the National Crime Information Identity Center (NCIC), and/or any other

state or federal agency that compiles, retains, or collects any arrest or identifying information of

arrestees, that the arrest was wrongful and that any and all records transmitted or generated shall

be sealed and/or destroyed as provided herein.

(d) Any such person arrested and not charged shall be entitled to have all records and

indices of arrest sealed and/or destroyed as provided herein regardless of any prior record of

arrest or conviction that may otherwise not be eligible for expungement, pursuant to § 12-1.3-1 et

seq., or sealing, pursuant to § 12-1-12 et seq.

(e) Any law-enforcement agency, upon making such determination that such an arrest

was wrongful or without probable cause as provided herein, shall notify the person arrested that

the charge was dismissed or that no charges have been filed and that all arrest records and indices

of arrest have been sealed and/or destroyed consistent with this chapter.

(f) Any person arrested, detained, or otherwise identified as a suspect, and who is

thereafter exonerated consistent with the provisions contained herein, may deny, for any purpose,

that the arrest ever occurred and under no circumstances shall such an arrestee be required to

disclose the arrest for any purpose including, but not limited to, any application for employment,

professional license, concealed-weapons permit, or the purchase of a firearm or other weapon.

SECTION 2. This act shall take effect upon passage.

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LC004180

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