2022 -- S 2943

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LC005863

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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: Senators McCaffrey, and Archambault

     Date Introduced: May 17, 2022

     Referred To: Senate 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

Sealing of records of persons acquitted or otherwise exonerated by operation of law or by

motion.

     (a) By operation of law the court shall automatically seal the records of any count(s) in a

criminal case that were dismissed pursuant to the district court rule of criminal procedure 48(a),

including all records of the division of criminal identification established by § 12-1-4 without the

requirement of filing a motion under the following circumstances.

     (1) Count(s) dismissed pursuant to district court rule of criminal procedure 48(a) on or after

January 1, 2023, shall be automatically sealed ninety (90) days after the dismissal; or

     (2) Count(s) dismissed pursuant to district court rule of criminal procedure 48(a) prior to

January 1, 2023, shall be sealed administratively by the court clerk at the request of the defendant.

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

including, but not limited to, dismissal dismissals not described in § 12-1-12.1(a) 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)(1) 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)(2) 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)(3) 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)(c) 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)(d) 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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LC005863

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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 a procedure for the automatic sealing of records of persons

acquitted or otherwise exonerated by operation of law or by motion.

     This act would take effect upon passage.

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LC005863

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