A N A C T
RELATING TO CRIMINAL PROCEDURE -- DOMESTIC VIOLENCE
It is enacted by the General Assembly as follows:
SECTION 1. Section 12-29-4 of the General Laws in Chapter 12-29 entitled "Domestic Violence Prevention Act" is hereby amended to read as follows:
12-29-4. Restrictions upon and duties of court. -- (a) (1) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when a person is charged with or arrested for a crime involving domestic violence, that person may not be released from custody on bail or personal recognizance before arraignment without first appearing before the court or bail commissioner. The court or bail commissioner authorizing release shall issue a no-contact order prohibiting the person charged or arrested from having contact with the victim.
(2) At the time of arraignment or bail hearing the court or bail commissioner shall determine whether a no-contact order shall be issued or extended.
(3) Willful violation of a court order issued under subdivision (a)(1) or (a)(2) of this section, or as part of disposition of this subsection is a misdemeanor. The written order releasing the person charged or the written order issued at the time of disposition shall contain the court's directive and shall bear the legend: "Violation of this order is a criminal offense under this section and will subject a violator to arrest". A copy of the order shall be provided to the victim.
(4) Whenever an order prohibiting contact is issued, modified, or terminated under subdivision (a)(1), (a)(2), or (a)(3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order.
(b) Because of the serious nature of domestic violence, the court in domestic violence actions:
(1) Shall not dismiss any charge or delay disposition because of concurrent dissolution of marriage or other civil proceedings;
(2) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;
(3) Shall identify by reasonable means on docket sheets those criminal actions arising from acts of domestic violence; and
(4) Shall make clear to the defendant and victim that the prosecution of the domestic violence action is determined by the prosecutor and not the victim.
(c) To facilitate compliance with the provisions of this section, the district court shall assure that the misdemeanor and felony complaint forms indicate whether the crime charged involves domestic violence and, if so, the relationship of the victim and defendant.
(d) Notwithstanding the provisions of section 12-10-12, the filing of any complaint for a crime involving domestic violence shall be conditioned upon the defendant keeping the peace and being of good behavior for a period of three (3) years. In the event a particular case involving domestic violence is filed on a plea of not guilty, guilty or nolo contendere pursuant to section 12-10-12, the court having jurisdiction shall retain the records of the case for a period of three (3) years from the date of the filing. Said records shall not be expunged, sealed, or otherwise destroyed for a period of three (3) years from the date of filing. Furthermore, the destruction or sealing of records in the possession of the department of attorney general bureau of criminal identification, the superintendent of the state police, or the police departments of any city or town after a filing related to a crime involving domestic violence shall be governed by section 12-1-12.
SECTION 2. Section 12-10-12 of the General Laws in Chapter 12-10 entitled "Preliminary Proceedings in District Courts" is hereby amended to read as follows:
12-10-12. Filing of complaints. -- (a) Subject to any other provisions of law relative to the filing of complaints for particular crimes, any judge of the district court or superior court may place on file any complaint in a criminal case other than a complaint for the commission of a felony or a complaint against a person who has been convicted of a felony or a private complaint. The court may in its discretion require, as a condition of that filing, the performance of services for the public good or may attach any other conditions it determines. In cases where the court orders restitution totaling less than two hundred dollars ($200) to an injured party pursuant to this section or section 12-19-34, the court shall require that full restitution be made at the time of sentencing if the court determines that the defendant is able to make that restitution at that time.
(b) It is an express condition of any filing in accordance with this section that the defendant, at all times for one year, keeps the peace and is of good behavior. A violation of that express condition or any other condition set by the court is a violation of the filing, and the matter filed may be resurrected by the court. A determination of whether a violation has occurred shall be made by the court in accordance with the procedures relating to a violation of probation, sections 12-19-9 and 12-19-14.
(c) In the event the complaint was originally filed under this section subsequent to the defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have been a violation, may sentence the defendant. In the event the court filed the complaint under this section while the defendant maintained a plea of not guilty, if the court finds there to have been a violation, it may proceed to the further disposition of the complaint according to law. If no action is taken on the complaint for a period of one year following the filing, the complaint shall be automatically quashed and destroyed. All records relating to the complaint shall be expunged pursuant to the provisions of chapter 1.3 of this title. Further, if any record of the complaint has been entered into a docket or alphabetical index, whether kept in writing or in an electronic information storage system or other data compilation system, all references to the identity of the person charged by the complaint shall be removed from the docket or index. No criminal record shall result, unless in any civil action for a tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the fact that the complaint has been filed.
(d) Notwithstanding the foregoing provisions of this section, in the event a complaint for a crime involving domestic violence was originally filed under this section subsequent to the defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have been a violation, may sentence the defendant. In the event the court filed the complaint for a crime involving domestic violence under this section while the defendant maintained a plea of not guilty, if the court finds there to have been a violation, it may proceed to the further disposition of the complaint for a crime involving domestic violence according to law. If, for a period of one (1) year after the date of filing the defendant is not charged with a violation pursuant to subsection (b) above, the filed complaint for the crime involving domestic violence shall be automatically quashed and shall not be resurrected. If, for a period of three (3) years after the date of filing, the defendant is not charged with a crime involving domestic violence, or if so charged, is acquitted or the complaint is dismissed, all records relating to the filed complaint for a crime involving domestic violence shall be expunged pursuant to the provisions of chapter 1.3 of this title. Further, if any record of the complaint for a crime involving domestic violence has been entered into a docket or alphabetical index, whether kept in writing or in an electronic information storage system or other data compilation system, all references to the identity of the person charged by the complaint for a crime involving domestic violence shall be removed from the docket index at the same time the complaint is quashed or destroyed. No criminal records shall result, unless in any civil action for a tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the fact that the complaint has been filed. Provided however, that in sentencing a defendant for a crime involving domestic violence of which the defendant was charged within three (3) years after the filing of a prior crime involving domestic violence to which the defendant pleaded guilty or nolo contendere, the court may take said plea into consideration.
SECTION 3. Sections 12-1-12 and 12-1-12.1 of the General Laws in Chapter 12-1 entitled "Identification and Apprehension of Criminals" are hereby amended to read as follows:
12-1-12. Destruction or sealing of records of persons acquitted or otherwise exonerated. -- (a) Any fingerprint, photograph, physical measurements, or other record of identification of a person under arrest, taken or to be taken prior to the final conviction of the person for the offense then charged, by or under the direction of the attorney general, the superintendent of state police, the member or members of the police department of any city or town or any other officer authorized by this chapter to take them, shall be destroyed by all offices or departments having the custody or possession within sixty (60) days after there has been an acquittal, dismissal, no true bill, no information, or the person has been otherwise exonerated from the offense charged. The clerk of court where the exoneration takes place shall, consistent with section 12-1-12.1, place under seal all records of the person in that case, including all records of the division of criminal identification established by section 12-1-4; provided, that the person shall not have been previously convicted of any felony offense. Any person who violates any provision of this section shall be fined not more than one hundred dollars ($100).
(b) The requirements of this section also apply to persons detained by police, but not arrested or charged with an offense, or to persons against whom charges have been filed by the court, when the filing period has expired.
(c) Notwithstanding any other provision of this section, any person who has been charged with a complaint for a crime involving domestic violence where the complaint was filed upon a plea of not guilty, guilty or nolo contendere pursuant to section 12-10-12, must wait a period of three (3) years from the date of filing before the records associated with the charge can be expunged, sealed or otherwise destroyed.
12-1-12.1. Motion for sealing of records of persons acquitted or otherwise exonerated. -- (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. No person who has been convicted of a felony may have his or her court records sealed pursuant to this section.
(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 which 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) 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) 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. Said records shall not be expunged, sealed, or otherwise destroyed for a period of three (3) years from the date of the filing.
SECTION 4. This act shall take effect upon passage.