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2012 -- S 2566 | |
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LC01951 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS | |
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Introduced By: Senators Nesselbush, DeVall, and Perry | |
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Date Introduced: February 28, 2012 | |
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Referred To: Senate Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 12-1.3-4 of the General Laws in Chapter 12-1.3 entitled |
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"Expungement of Criminal Records" is hereby amended to read as follows: |
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12-1.3-4. Effect of expungement of records -- Access to expunged records -- |
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Wrongful disclosure. -- (a) Any person having his or her record expunged shall be released from |
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all penalties and disabilities resulting from the crime of which he or she had been convicted, |
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except, upon conviction of any subsequent crime, the expunged conviction may be considered as |
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a prior conviction in determining the sentence to be imposed. |
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(b) In any application for employment, license, or other civil right or privilege, or any |
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appearance as a witness, a person whose conviction of a crime has been expunged pursuant to this |
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chapter may state that he or she has never been convicted of the crime; provided, that if the |
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person is an applicant for a law enforcement agency position, for admission to the bar of any |
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court, an applicant for a teaching certificate, under chapter 11 of title 16, for an initial |
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professional license, or for a professional license renewal with the department of health, a |
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coaching certificate under section 16-11.1-1, or the operator or employee of an early childhood |
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education facility pursuant to chapter 48.1 of title 16, the person shall disclose the fact of a |
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conviction. |
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(c) Whenever the records of any conviction and/or probation of an individual for the |
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commission of a crime have been expunged under the provisions of this chapter, any custodian of |
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the records of conviction relating to that crime shall not disclose the existence of the records upon |
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inquiry from any source unless the inquiry is that of the individual whose record was expunged, |
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that of a sentencing court following the conviction of the individual for the commission of a |
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crime, or that of a bar admission, character and fitness, or disciplinary committee, board, or |
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agency, or court which is considering a bar admission, character and fitness, or disciplinary |
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matter, or that of the commissioner of elementary and secondary education, or that of the |
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department of health regarding licensure and/or disciplinary action of any and all health |
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professionals under its regulatory authority, or that of any law enforcement agency when the |
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nature and character of the offense with which an individual is to be charged would be affected |
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by virtue of the person having been previously convicted of the same offense. |
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(d) The custodian of any records which have been expunged pursuant to the provisions |
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of this chapter shall only release or allow access to those records for the purposes specified in |
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subsections (b) or (c) of this section or by order of a court. Any agency and/or person who |
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willfully refuses to carry out the expungement of the records of conviction pursuant to section 12- |
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1.3-2, or this section or willfully releases or willfully allows access to records of conviction, |
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knowing them to have been expunged, shall be civilly liable. |
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SECTION 2. This act shall take effect upon passage. |
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LC01951 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS | |
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This act would amend the provisions of the general or public laws relating to |
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expungement of criminal records, to require applicants to the department of health for |
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professional initial licenses or license renewals to disclose all criminal convictions regardless of |
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expungement and would require any custodian of records to release, and allow access to any |
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expunged criminal records upon request from the department of health regarding licensure and/or |
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disciplinary action of any and all health professionals under its regulatory authority. |
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This act would take effect upon passage. |
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LC01951 | |
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