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

     

     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:

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

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

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

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

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

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superintendent of the state police or their designee, the member or members of the police

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

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

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

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

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gathering of intelligence data.

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

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

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the direction of the attorney general, the superintendent or their designees of state police, the

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

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department of environmental management, the office of the state fire marshal, the capitol police,

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a law enforcement agency of the federal government, and any agency, department or bureau of

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the United States government which has as one of its functions the gathering of intelligence data

 

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or any other officer authorized by this chapter to take them, of a person under arrest.

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

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

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

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

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

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

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

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

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

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investigation.

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

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

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

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

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

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

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

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be sealed and/or destroyed as provided herein.

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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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 require the sealing and destruction of all arrest records and indices of

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arrest for those persons who are wrongfully arrested or detained by any law enforcement agency.

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It would also provide that the arrest need not be disclosed for any purpose and would mandate

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that the arresting agency notify the arrestee of the determination that the arrest was wrongful

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and/or a case of mistaken identity.

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     This act would take effect upon passage.

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