It is enacted by the General Assembly as follows:

SECTION 1. Section 12-19-34 of the General Laws in Chapter 12-19 entitled "Sentencing and Execution" is hereby amended to read as follows:

{ADD 12-19-34. Restitution payments. -- ADD} (a) If a person, pursuant to sections 12-19-32, 12-19-32.1 or 12-19-33 is ordered to make restitution in the form of monetary payment the court may order that it shall be made through the administrative office of state courts which shall record all payments and pay the money to the person injured in accordance with such order or with any modification thereof {ADD ; provided however, in cases where court ordered restitution totals less than two hundred dollars ($200) payment shall be made at the time of sentencing if the court determines that the defendant has the present ability to make such restitution ADD} .

Notwithstanding any other provision of law, any interest which has been accrued by the restitution account in the central registry shall be deposited on a regular basis into the "violent crime indemnity fund," established by chapter 25 of this title. In the event that the office of the administrator of the state courts cannot locate the person or persons to whom restitution is to be made, the principal of the restitution payment shall be deposited into the general fund.

(b) The state is authorized to develop rules and/or regulations relating to assessment, collection and disbursement of restitution payments when any of the following events occur:

(1) the defendant is incarcerated or on home confinement but is able to pay some portion of the restitution; or

(2) the victim dies before restitution payments are completed.

(c) The state may maintain a civil action to place a lien on the personal or real property of a defendant who is assessed restitution, as well as to seek wage garnishment, consistent with state and federal law.

SECTION 2. 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. {ADD Provided, however, that any order to make restitution to an injured party pursuant to this section or section 12-19-34 shall require tht full restitution be made at the time of sentencing. ADD} {DEL Provided, however, that 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 3. This act shall take effect upon passage.