2022 -- H 7354

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LC003780

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF

CRIMINALS

     Introduced By: Representatives Felix, Batista, Craven, McEntee, Potter, Amore, Henries,
Tanzi, and Williams

     Date Introduced: February 04, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-1-12.1 of the General Laws in Chapter 12-1 entitled

"Identification and Apprehension of Criminals" is hereby amended to read as follows:

     12-1-12.1. Motion for sealing of records of persons acquitted or otherwise exonerated

Motion for sealing of records of persons acquitted or otherwise exonerated or by operation

of law.

     (a) Any person who is acquitted or otherwise exonerated of all counts in a criminal case,

including, but not limited to, dismissal or filing of a no true bill or no information, may file a motion

for the sealing of his or her court records in the case.

     (b) Any person filing a motion for sealing his or her court records pursuant to this section

shall give notice of the hearing date set by the court to the department of the attorney general and

the police department that originally brought the charge against the person at least ten (10) days

prior to the hearing.

     (c) If the court, after the hearing at which all relevant testimony and information shall be

considered, finds that the person is entitled to the sealing of the records, it shall order the sealing

of the court records of the person in that case.

     (d) A sealing may be ordered by the court without motion and by operation of law thirty

(30) days after the person has been acquitted or otherwise exonerated of all counts in a criminal

case, including, but not limited to, dismissal or filing of a "no true bill" or "no information".

     (d)(e) The clerk of the court shall, within forty-five (45) days of the order of the court

granting the motion, place under seal the court records in the case in which the acquittal, dismissal,

no true bill, no information, or other exoneration has been entered.

     (e)(f) Notwithstanding any other provision of this section, in all cases involving a filing

subsequent to a plea of not guilty, guilty, or nolo contendere to a charge of a crime involving

domestic violence, the court having jurisdiction over the case shall retain the records of the case

for a period of three (3) years from the date of filing. The records shall not be expunged or sealed

for a period of three (3) years from the date of the filing.

     (f)(g) The defendant shall be advised at the hearing that any and all bail money relating to

a case that remains on deposit and is not claimed at the time of sealing shall be escheated to the

state's general treasury in accordance with chapter 12 of title 8.

     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 provide for the sealing of court records without motion and by operation of

law thirty (30) days after acquittal or exoneration of all counts in a criminal case.

     This act would take effect upon passage.

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LC003780

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