| Chapter 386 |
| 2024 -- H 8342 Enacted 06/26/2024 |
| A N A C T |
| RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS |
Introduced By: Representatives McEntee, Cruz, Knight, Craven, Caldwell, Dawson, Batista, Felix, J. Lombardi, and Hull |
| Date Introduced: June 07, 2024 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 12-1.3-1 of the General Laws in Chapter 12-1.3 entitled |
| "Expungement of Criminal Records" is hereby amended to read as follows: |
| 12-1.3-1. Definitions. |
| For purposes of this chapter only, the following definitions apply: |
| (1) “Crime of violence” includes murder, manslaughter, first-degree arson, kidnapping |
| with intent to extort, robbery, larceny from the person, first-degree sexual assault, second-degree |
| sexual assault, first- and second-degree child molestation, assault with intent to murder, assault |
| with intent to rob, assault with intent to commit first-degree sexual assault, burglary, and entering |
| a dwelling house with intent to commit murder, robbery, sexual assault, or larceny. |
| (2) “Expungement of records and records of conviction” means the sealing and retention |
| of all records of a conviction and/or probation and the removal from active files of all records and |
| information relating to conviction and/or probation. |
| (3) “First offender” means a person who has been convicted of a felony offense or a |
| misdemeanor offense, and who has not been previously convicted of or placed on probation for a |
| felony or a misdemeanor and against whom there is no criminal proceeding pending in any court. |
| (4) “Law enforcement agency” means a state police organization of this or any other state,; |
| the enforcement division of the department of environmental management,; the office of the state |
| fire marshal,; the capitol police,; a law enforcement agency of the federal government,; and any |
| agency, department, or bureau of the United States government which that has as one of its |
| functions the gathering of intelligence data. |
| (5) "Misdemeanor" includes, but is not limited to, those crimes previously classified as |
| felonies under law at the time the original sentence was imposed but reclassified by the general |
| assembly as a misdemeanor in the interim, prior to the time the motion to expunge is brought. |
| (5)(6) “Records” and “records of conviction and/or probation” include all court records, all |
| records in the possession of any state or local police department, the bureau of criminal |
| identification, and the probation department, including, but not limited to, any fingerprints, |
| photographs, physical measurements, or other records of identification. The terms “records” and |
| “records of conviction, and/or probation” do not include the records and files of the department of |
| attorney general which are not kept by the bureau of criminal identification in the ordinary course |
| of the bureau’s business. |
| SECTION 2. This act shall take effect upon passage. |
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| LC006130 |
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