Introduced By: Senators Blais, Irons and Algiere
Date Introduced : July 14, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 12-1-12 of the General Laws in Chapter 12-1 entitled "Identification and Apprehension of Criminals" is hereby amended to read as follows:
12-1-12. Destruction or sealing of records of persons acquitted
or otherwise exonerated. -- Any fingerprint, photograph,
physical measurements, or other record of identification, heretofore
or hereafter taken 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, of a person under arrest, prior
to the final conviction of the person for the offense then charged,
shall be destroyed by all offices or departments having the custody
or possession within {ADD sixty (60) ADD} {DEL forty-five (45)
DEL}days after there has been an acquittal, dismissal, no
true bill, no information or the person has been otherwise exonerated
from the offense with which he or she is charged, and the clerk
of court where such exoneration has taken place shall, consistent
with section 12-1-12.1, place under seal all records of the person
in said case {DEL ; DEL} {ADD including all records of the
division of criminal identification established by section 12-1-4; ADD}
provided, that the person shall not have been previously convicted
of any felony offense. Any person who shall violate any provision
of this section shall be fined not exceeding one hundred dollars
($100).
The requirements of this section shall also apply to persons detained
by police, but not arrested or charged with an offense {DEL . DEL} {ADD ,
or to persons against whom charges have been filed by the court,
and the period of such filing has expired. ADD}
SECTION 2. This act shall take effect upon passage.
