2016 -- H 7094 | |
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LC003630 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2016 | |
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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 Tobon, DeSimone, Blazejewski, Barros, and Costa | |
Date Introduced: January 08, 2016 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 12-1 of the General Laws entitled "Identification and Apprehension |
2 | of Criminals" is hereby amended by adding thereto the following section: |
3 | 12-1-12.2. Sealing of arrest records for wrongful arrest due to mistaken identity or |
4 | any other reason - Notification. – (a) Definitions. |
5 | (1) "Law enforcement agency" means the department of attorney general, the |
6 | superintendent of the state police or their designee, the member or members of the police |
7 | department of any city or town, a state or local police organization of this or any other state, the |
8 | enforcement division of the department of environmental management, the office of the state fire |
9 | marshal, the capitol police, a law enforcement agency of the federal government, and any agency, |
10 | department, or bureau of the United States government which has as one of its functions the |
11 | gathering of intelligence data. |
12 | (2) "Destruction or sealing of records" means and includes any fingerprint, photograph, |
13 | physical measurements, or other record of identification, heretofore or hereafter taken by or under |
14 | the direction of the attorney general, the superintendent or their designees of state police, the |
15 | member or members of the police department of any city or town, the enforcement division of the |
16 | department of environmental management, the office of the state fire marshal, the capitol police, |
17 | a law enforcement agency of the federal government, and any agency, department or bureau of |
18 | the United States government which has as one of its functions the gathering of intelligence data |
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1 | or any other officer authorized by this chapter to take them, of a person under arrest. |
2 | (b) Any law enforcement agency, subsequent to the arrest of any person, that determines |
3 | that such person was wrongfully or incorrectly arrested as a result of mistaken identity or any |
4 | other reason or wrongfully fingerprinted, photographed or otherwise has generated any record of |
5 | arrest for investigatory purposes and as a result of such wrongful arrest, no charges have been |
6 | filed in any court of this state, shall within sixty (60) days of such determination that the arrest |
7 | was wrongful or without probable cause, seal all such arrest records and destroy all identifying |
8 | information and indices of arrest including, but not limited to, photographs and fingerprints. DNA |
9 | samples obtained from such person shall be handled in accordance with the provisions of chapter |
10 | 1.5 of title 12, "DNA detection of sexual and violent offenders" during and related to the |
11 | investigation. |
12 | (c) Any law enforcement agency that arrests and reports such arrest to any other law |
13 | enforcement agency shall within sixty (60) days of making the determination that the arrest was |
14 | wrongful or without probable cause also notify all other agencies to which it has transmitted such |
15 | identifying information and including, but not limited to, the state’s bureau of criminal |
16 | identification (BCI), the National Crime Information Identity Center (NCIC) and/or any other |
17 | state or federal agency which compiles, retains or collects any arrest or identifying information of |
18 | arrestees, that the arrest was wrongful and that any and all records transmitted or generated shall |
19 | be sealed and/or destroyed as provided herein. |
20 | (d) Any such person arrested and not charged shall be entitled to have all records and |
21 | indices of arrest sealed and/or destroyed as provided herein regardless of any prior record of |
22 | arrest or conviction that may otherwise not be eligible for expungement pursuant to §12-1.3-1 et |
23 | seq., or sealing pursuant to §12-1-12 et seq. |
24 | (e) Any law enforcement agency, upon making such determination that such an arrest |
25 | was wrongful or without probable cause as provided herein, shall notify the person arrested that |
26 | the charge was dismissed or that no charges have been filed and that all arrest records and indices |
27 | of arrest have been sealed and/or destroyed consistent with this chapter. |
28 | (f) Any person arrested, detained or otherwise identified as a suspect and who is |
29 | thereafter exonerated consistent with the provisions contained herein, may deny for any purpose, |
30 | that the arrest ever occurred and under no circumstances shall such an arrestee be required to |
31 | disclose the arrest for any purpose including, but not limited to, any application for employment, |
32 | professional license, concealed weapons permit or the purchase of a firearm or other weapon. |
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1 | SECTION 2. This act shall take effect upon passage. |
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LC003630 | |
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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 require the sealing and destruction of all arrest records and indices of |
2 | arrest for those persons who are wrongfully arrested or detained by any law enforcement agency. |
3 | It would also provide that the arrest need not be disclosed for any purpose and would mandate |
4 | that the arresting agency notify the arrestee of the determination that the arrest was wrongful |
5 | and/or a case of mistaken identity. |
6 | This act would take effect upon passage. |
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