2024 -- H 8154 AS AMENDED

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LC005837

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- FAMILY COURT

     Introduced By: Representatives Knight, Caldwell, Boylan, Cortvriend, Donovan, Tanzi,

     Date Introduced: April 10, 2024

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-10-21 of the General Laws in Chapter 8-10 entitled "Family Court"

is hereby amended to read as follows:

     8-10-21. Records of court.

     The records of the family court shall be public records, except that records of hearings in

matters set forth in § 14-1-5, together with stenographic notes and transcripts of those hearings,

shall not be available for public inspection unless the court shall otherwise order. Notwithstanding

the foregoing provisions, the records of the family court in criminal matters involving adults shall

be public records. The record of delinquent or wayward adjudications of juveniles may be accessed

by law enforcement personnel to be used for law enforcement purposes only and shall remain

otherwise confidential. Additionally, records relating to the arrest, detention, apprehension and

disposition of the juvenile shall be made available to the National Instant Criminal Background

Check System in connection with a background check conducted on a person under twenty-one

(21) years of age pursuant to 18 U.S.C. § 922(t)(1)(C) and 34 U.S.C. § 40901(1). The Attorney

General shall promulgate rules and regulations necessary to facilitate the purposes of this section.

     SECTION 2. Section 14-1-64 of the General Laws in Chapter 14-1 entitled "Proceedings

in Family Court" is hereby amended to read as follows:

     14-1-64. Disposition of juvenile records.

     (a) All police records relating to the arrest, detention, apprehension, and disposition of any

juveniles shall be kept in files separate and apart from the arrest records of adults and shall be

withheld from public inspection, but the police report relating to the arrest or detention of a juvenile

shall be open to inspection and copying upon request and upon payment of copying costs in

accordance with § 38-2-4 by the parent, guardian, or attorney of the juvenile involved. After

disposition of an offense and upon execution of an appropriate release and upon payment of

copying costs in accordance with § 38-2-4 by the parent, guardian or attorney of the juvenile

involved, records relating to the arrest, detention, apprehension and disposition of the juveniles

shall be open to inspection and copying by the parent, guardian, or attorney of the juvenile involved.

Additionally, records relating to the arrest, detention, apprehension and disposition of the juvenile

shall be made available to the National Instant Criminal Background Check System in connection

with a background check conducted on a person under twenty-one (21) years of age pursuant to 18

U.S.C. § 922(t)(1)(C) and 34 U.S.C. § 40901(1).

     (b) Notwithstanding subsection (a) of this section, the identity of any juvenile waived

pursuant to § 14-1-7.1 or certified and convicted pursuant to § 14-1-7.2 shall be made public.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- FAMILY COURT

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     This act would permit the family court to disclose criminal records of juvenile offenders to

the National Instant Criminal Background Check System for the purposes of background check

conducted when an individual attempts to purchase a firearm.

     This act would take effect upon passage.

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LC005837

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