2013 -- S 0339

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LC00159

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL PROCEDURE - IDENTIFICATION AND APPREHENSION OF

CRIMINALS

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 13, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 12-1-12 and 12-1-12.1 of the General Laws in Chapter 12-1

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entitled "Identification and Apprehension of Criminals" are hereby amended to read as follows:

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     12-1-12. Destruction or sealing of records of persons acquitted or otherwise

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exonerated. -- (a)(1) Any fingerprint, photograph, physical measurements, or other record of

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identification, heretofore or hereafter taken by or under the direction of the attorney general, the

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superintendent of state police, the member or members of the police department of any city or

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town or any other officer authorized by this chapter to take them, of a person under arrest, prior to

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the final conviction of the person for the offense then charged, shall be destroyed by all offices or

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departments having the custody or possession within sixty (60) days after there has been an

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acquittal, dismissal, no true bill, no information, or the person has been otherwise exonerated

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from the offense with which he or she is charged, and the clerk of court where the exoneration

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has taken place shall, consistent with section 12-1-12.1, place under seal all records of the person

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in the case including all records of the division of criminal identification established by section

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12-1-4; provided, that the.

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     (2) Any person shall not have been previously convicted of any felony offense shall not

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be entitled to relief under this section except for those records in cases of acquittal after trial.

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     (3) Any person who shall violate any provision of this section shall be fined not

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exceeding one hundred dollars ($100).

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      (b) requirements Requirements of this section shall also apply to persons detained by

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police, but not arrested or charged with an offense, or to persons against whom charges have been

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filed by the court, and the period of such filing has expired.

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      (c) Notwithstanding any other provision of this section, any person who has been

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charged with a complaint for a crime involving domestic violence where the complaint was filed

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upon a plea of not guilty, guilty or nolo contendere pursuant to section 12-10-12, must wait a

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period of three (3) years from the date of filing before the records associated with the charge can

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be expunged, sealed or otherwise destroyed.

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     12-1-12.1. Motion for sealing of records of persons acquitted or otherwise

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exonerated. -- (a) Any person who is acquitted or otherwise exonerated of all counts in a

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criminal case, including, but not limited to, dismissal or filing of a no true bill or no information,

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may file a motion for the sealing of his or her court records in the case, provided, that no person

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who has been convicted of a felony shall have his or her court records sealed pursuant to this

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section be entitled to relief under this section except for those records in cases of acquittal after

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trial.

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      (b) Any person filing a motion for sealing his or her court records pursuant to this

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section shall give notice of the hearing date set by the court to the department of the attorney

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general and the police department which originally brought the charge against the person at least

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ten (10) days prior to the hearing.

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      (c) If the court, after the hearing at which all relevant testimony and information shall be

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considered, finds that the person is entitled to the sealing of the records, it shall order the sealing

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of the court records of the person in that case.

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      (d) The clerk of the court shall, within forty-five (45) days of the order of the court

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granting the motion, place under seal the court records in the case in which the acquittal,

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dismissal, no true bill, no information or other exoneration has been entered.

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      (e) Notwithstanding any other provision of this section, in all cases involving a filing

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subsequent to a plea of not guilty, guilty or nolo contendere to a charge of a crime involving

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domestic violence, the court having jurisdiction over the case shall retain the records of the case

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for a period of three (3) years from the date of filing. The records shall not be expunged, sealed,

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or otherwise destroyed for a period of three (3) years from the date of the filing.

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     SECTION 2. This act shall take effect upon passage.

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LC00159

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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 that court records cannot be sealed if a person has been

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previously convicted of a felony except in cases of acquittal after trial.

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     This act would take effect upon passage.

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LC00159

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