2025 -- H 5651

========

LC001834

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT -- JUVENILE RECORDS

     Introduced By: Representatives McEntee, Fogarty, Caldwell, Spears, Boylan, Carson,
Tanzi, Dawson, and Knight

     Date Introduced: February 26, 2025

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 14-1-6.1 and 14-1-64 of the General Laws in Chapter 14-1 entitled

"Proceedings in Family Court" are hereby amended to read as follows:

     14-1-6.1. Records.

     (a) In any case where a court shall have obtained jurisdiction of a juvenile having attained

the age of seventeen (17) years pursuant to 2007 P.L. 73, Article 22, section 1:

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

juvenile and all records of identification maintained pursuant to chapter 12-1 of the general laws

shall be treated as family court records in accordance with §§ 14-1-64 and 38-2-2 of the general

laws; provided, however, that no person and no department, agency or any other instrumentality of

the state or of any subdivision thereof shall be held liable or otherwise legally accountable for

having disclosed or disseminated any such records in reasonable reliance upon the law in effect

between July 1, 2007, and the effective date of this act [November 8, 2007]; and provided, further,

that there shall be an exception allowing for the disclosure of juvenile records in conducting a NICS

firearm background check until such time as the juvenile’s twenty-first birthday and provided

further that nothing in this section shall be deemed to prohibit the use of witness statements and

other police records in the course of judicial proceedings initiated prior to the effective date of this

act; and

     (ii) All court records of such proceedings shall be sealed upon final disposition of the case

or upon the individual attaining the age of twenty-one (21) in the event of a no information,

dismissal or not guilty finding or upon the completion of any sentence, probation and/or parole

imposed therein.

     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.

     (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.

     (c) Notwithstanding subsection (a) of this section, there shall be an exception allowing for

the disclosure of juvenile records in conducting a NICS firearm background check and/or in

determining whether the individual meets federal disqualification criteria under 18 U.S.C. §922(g).

     SECTION 2. This act shall take effect upon passage.

========

LC001834

========

LC001834 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT -- JUVENILE RECORDS

***

     This act would allow access to juvenile criminal records in order to conduct firearm

background checks.

     This act would take effect upon passage.

========

LC001834

========

LC001834 - Page 3 of 3