| Chapter 232 |
| 2023 -- S 0387 Enacted 06/23/2023 |
| A N A C T |
| RELATING TO CRIMINAL PROCEDURE -- PRELIMINARY PROCEEDINGS IN DISTRICT COURTS |
Introduced By: Senators LaMountain, McKenney, Burke, Raptakis, Euer, Tikoian, and F. Lombardi |
| Date Introduced: February 16, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 12-10-12 of the General Laws in Chapter 12-10 entitled "Preliminary |
| Proceedings in District Courts" is hereby amended to read as follows: |
| 12-10-12. Filing of complaints. |
| (a) Subject to any other provisions of law relative to the filing of complaints for particular |
| crimes, any judge of the district court or superior court may place on file any complaint in a criminal |
| case other than a complaint for the commission of a felony or a complaint against a person who has |
| been convicted of a felony or a private complaint. The court may, in its discretion, determine the |
| length of time in which the case will be on file but in no event shall it be longer than the maximum |
| jail sentence allowed by law. The court may in its discretion require, as a condition of the filing, |
| the performance of services for the public good or may attach any other conditions to it that the |
| court shall determine; provided, in cases where the court ordered restitution totals less than two |
| hundred dollars ($200) to an injured party pursuant to this section or § 12-19-34, the court shall |
| require that full restitution be made at the time of sentencing if the court determines that the |
| defendant has the present ability to make the restitution. |
| (b) Express conditions of any filing in accordance with this section shall be that the |
| defendant at all times during the one year period of filing keep the peace and be of good behavior |
| and shall have paid all outstanding court-imposed or court-related fees, fines, costs, assessments, |
| charges, and/or any other monetary obligations unless reduced or waived by order of the court. A |
| violation of any condition set by the court may be deemed a violation of the filing and the matter |
| that was filed may be resurrected by the court, or the court may impose a sanction. A determination |
| of whether a violation has occurred shall be made by the court in accordance with the procedures |
| relating to a violation of probation, §§ 12-19-9 and 12-19-14. |
| (c) In the event the complaint was originally filed under this section subsequent to the |
| defendant’s plea of guilty or nolo contendere to the charges, the court, if it finds there to have been |
| a violation but does not impose a sanction, may sentence the defendant. In the event the court filed |
| the complaint under this section while the defendant maintained a plea of not guilty, if the court |
| finds there to have been a violation but does not impose a sanction, it may proceed to the further |
| disposition of the complaint according to law. If no action is taken on the complaint for a period of |
| one year following the filing during the period of filing, the complaint shall be automatically |
| expunged. No criminal record shall result; provided, that in any civil action for a tort, a plea of |
| guilty or a finding of guilty should be admissible notwithstanding the fact that the complaint has |
| been filed. |
| (d) Notwithstanding the foregoing provisions of this section, in the event a complaint for a |
| crime involving domestic violence was originally filed under this section subsequent to the |
| defendant’s plea of guilty or nolo contendere to the charges, the court, if it finds there to have been |
| a violation, may sentence the defendant. In the event the court filed the complaint for a crime |
| involving domestic violence under this section while the defendant maintained a plea of not guilty, |
| if the court finds there to have been a violation, it may proceed to the further disposition of the |
| complaint for a crime involving domestic violence according to law. If, for a period of one year |
| following the filing during the period of filing, the defendant is not charged with a violation |
| pursuant to subsection (b) of this section, the filed complaint for the crime involving domestic |
| violence shall be automatically quashed and shall not be resurrected. If, for a period of three (3) |
| years after the date of filing, the defendant is not charged with a crime involving domestic violence, |
| or if so charged, is acquitted or the complaint is dismissed, all records relating to the filed complaint |
| for a crime involving domestic violence shall be expunged without the requirement of filing a |
| motion pursuant to chapter 1.3 of title 12. No criminal records shall result, unless in any civil action |
| for a tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the fact that |
| the complaint has been filed. Provided, however, that in sentencing a defendant for a crime |
| involving domestic violence of which the defendant was charged within three (3) years after the |
| filing of a prior crime involving domestic violence to which the defendant pleaded guilty or nolo |
| contendere, the court may take the plea into consideration. |
| (e) The defendant shall be advised 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. |
| SECTION 2. This act shall take effect upon passage. |
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| LC001242 |
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