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 Court" is hereby amended to read as follows:

{ADD 12-10-12. Filing of complaints. -- ADD} 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 require, as a condition of such filing, the performance of services for the public good or may attach such other conditions thereto as said court shall determine. Provided, however, {ADD that in cases where the court ordered ADD} {ADD restitution totals less than two hundred dollars ($200) to an injured party pursuant to this section or section 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 such restitution. ADD} {DEL i DEL} {ADD I ADD} t shall be an express condition of any filing in accordance with this section that the defendant shall at all times during said one (1) year keep the peace and be of good behavior. A violation of said express condition or any other condition set by the court shall be deemed a violation of the filing and the matter which was filed may be resurrected by the court. 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, Rhode Island general laws sections 12-19-9, and 12-19-14. In the event the complaint was originally filed under this section subsequent to the defendant's a plea of guilty or nolo contendere to the charges then the court, if it finds there to have been a violation, may sentence the defendant. In the event the court filed the complaint under this section while the defendant maintained a plea of not guilty then, if the court finds there to have been a violation, the court may proceed to the further disposition of the complaint according to law. If no action is taken on said complaint for a period of one (1) year following said filing, said complaint shall be automatically quashed and destroyed. All records relating to said complaint shall be expunged pursuant to the provisions of chapter 12-1.3 of this title. Further, if any record of said complaint has been entered into a docket or alphabetical index, whether kept in writing or in an electronic information storage system or other data compilation system, all references to the identity of the person charged by the complaint shall be removed from said docket or index. No criminal record shall result therefrom, provided however, that in any civil action for a tort, a plea of guilty or a finding of guilty should be admissible notwithstanding the fact that said complaint has been filed.

SECTION 2. This act shall take effect upon passage.