2021 -- H 5982

========

LC000874

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO CRIMINAL PROCEDURE-IDENTIFICATION AND APPREHENSION OF

CRIMINALS

     Introduced By: Representatives Felix, Kazarian, Morales, Henries, Giraldo, Batista,
Lombardi, Caldwell, Barros, and Knight

     Date Introduced: February 26, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-1.3-3 of the General Laws in Chapter 12-1.3 entitled

"Expungement of Criminal Records" is hereby amended to read as follows:

     12-1.3-3. Motion for expungement -- Notice -- Hearing -- Criteria for granting.

     (a) Any person filing a motion for expungement of the records of his or her conviction

pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of the

attorney general and the police department that originally brought the charge against the person at

least ten (10) days prior to that date.

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

considered, may, in its discretion, order the expungement of the records of conviction of the person

filing the motion if it finds:

     (1)(i) That in the five (5) years preceding the filing of the motion, if the conviction was for

a misdemeanor, or in the ten (10) years preceding the filing of the motion, if the conviction was for

a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor; there

are no criminal proceedings pending against the person; that the person does not owe any

outstanding court-imposed or court-related fees, fines, costs, assessments, or charges, unless such

amounts are reduced or waived by order of the court, and he or she has exhibited good moral

character;

     (ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that the

person has complied with all of the terms and conditions of the deferral agreement including, but

not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and

restitution to victims of crimes; there are no criminal proceedings pending against the person; and

he or she has established good moral character. Provided, that no person who has been convicted

of a crime of violence shall have their records relating to a deferred sentence expunged; or

     (iii) Subject only to §§ 12-1.3-2(b) and (f), that in the ten (10) years preceding the filing of

the motion, if the convictions were for multiple misdemeanors, the petitioner has not been

convicted nor arrested for any felony or misdemeanor; there are no criminal proceedings pending

against the person; and they have exhibited good moral character; and, provided that convictions

for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible and may not be

expunged under this subsection.

     (2) That the petitioner's rehabilitation has been attained to the court's satisfaction and the

expungement of the records of his or her conviction is consistent with the public interest.

     (c) If the court grants the motion, it shall, after payment by the petitioner of a one hundred

dollar ($100) fee to be paid to the court, order all records and records of conviction relating to the

conviction expunged and all index and other references to it removed from public inspection. A

copy of the order of the court shall be sent to any law enforcement agency and other agency known

by either the petitioner, the department of the attorney general, or the court to have possession of

the records. Compliance with the order shall be according to the terms specified by the court.

     (d) The defendant shall be advised at the hearing that any and all bail money relating to a

case that remains on deposit and is not claimed at the time of expungement shall be escheated to

the state's general treasury in accordance with chapter 12 of title 8.

     Within five (5) days of the granting of a motion to expunge pursuant to this section, the

state court administrator shall notify the office of the general treasurer and/or the registry of the

courts via electronic means, that the case has been expunged and that all bail money posted relative

to that offense and case shall be returned to the defendant or the surety who posted the bail.

     (e) In cases of expungement sought pursuant to § 12-1.3-2(g), the court shall, after a hearing

at which it finds that all conditions of the original criminal sentence have been completed, and any

and all fines, fees, and costs related to the conviction have been paid in full, order the expungement

without cost to the petitioner. At the hearing, the court may require the petitioner to demonstrate

that the prior criminal conviction would qualify as a decriminalized offense under current law. The

demonstration may include, but is not limited to, an affidavit signed by the petitioner attesting to

the fact that the prior conviction qualifies as a decriminalized offense under current Rhode Island

law.

LC000874 - Page 2 of 4

     SECTION 2. This act shall take effect upon passage.

========

LC000874

========

LC000874 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE-IDENTIFICATION AND APPREHENSION OF

CRIMINALS

***

     This act would repeal the requirement that a person seeking expungement of a criminal

case pay a one hundred dollar fee to the court and require that the court administrator advise the

general treasurer and/or the registry of the court that the case has been expunged and order that any

bail money on deposit be returned to the defendant or surety.

     This act would take effect upon passage.

========

LC000874

========

LC000874 - Page 4 of 4