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 | |
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Introduced By: Senators McCaffrey, and Archambault | |
Date Introduced: May 17, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 12-1-12.1 of the General Laws in Chapter 12-1 entitled |
2 | "Identification and Apprehension of Criminals" is hereby amended to read as follows: |
3 | 12-1-12.1. Motion for sealing of records of persons acquitted or otherwise exonerated |
4 | Sealing of records of persons acquitted or otherwise exonerated by operation of law or by |
5 | motion. |
6 | (a) By operation of law the court shall automatically seal the records of any count(s) in a |
7 | criminal case that were dismissed pursuant to the district court rule of criminal procedure 48(a), |
8 | including all records of the division of criminal identification established by § 12-1-4 without the |
9 | requirement of filing a motion under the following circumstances. |
10 | (1) Count(s) dismissed pursuant to district court rule of criminal procedure 48(a) on or after |
11 | January 1, 2023, shall be automatically sealed ninety (90) days after the dismissal; or |
12 | (2) Count(s) dismissed pursuant to district court rule of criminal procedure 48(a) prior to |
13 | January 1, 2023, shall be sealed administratively by the court clerk at the request of the defendant. |
14 | (a)(b) Any person who is acquitted or otherwise exonerated of all counts in a criminal case, |
15 | including, but not limited to, dismissal dismissals not described in § 12-1-12.1(a) or filing of a no |
16 | true bill or no information, may file a motion for the sealing of his or her court records in the case. |
17 | (b)(1) Any person filing a motion for sealing his or her court records pursuant to this section |
18 | shall give notice of the hearing date set by the court to the department of the attorney general and |
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1 | the police department that originally brought the charge against the person at least ten (10) days |
2 | prior to the hearing. |
3 | (c)(2) If the court, after the hearing at which all relevant testimony and information shall |
4 | be considered, finds that the person is entitled to the sealing of the records, it shall order the sealing |
5 | of the court records of the person in that case. |
6 | (d)(3) The clerk of the court shall, within forty-five (45) days of the order of the court |
7 | granting the motion, place under seal the court records in the case in which the acquittal, dismissal, |
8 | no true bill, no information, or other exoneration has been entered. |
9 | (e)(c) Notwithstanding any other provision of this section, in all cases involving a filing |
10 | subsequent to a plea of not guilty, guilty, or nolo contendere to a charge of a crime involving |
11 | domestic violence, the court having jurisdiction over the case shall retain the records of the case |
12 | for a period of three (3) years from the date of filing. The records shall not be expunged or sealed |
13 | for a period of three (3) years from the date of the filing. |
14 | (f)(d) The defendant shall be advised at the hearing that any and all bail money relating to |
15 | a case that remains on deposit and is not claimed at the time of sealing shall be escheated to the |
16 | state's general treasury in accordance with chapter 12 of title 8. |
17 | 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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1 | This act would provide a procedure for the automatic sealing of records of persons |
2 | acquitted or otherwise exonerated by operation of law or by motion. |
3 | This act would take effect upon passage. |
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LC005863 | |
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