2023 -- H 6522
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO CRIMINAL PROCEDURE -- PRELIMINARY PROCEEDINGS IN DISTRICT
COURTS
Introduced By: Representatives Dawson, O'Brien, Craven, and Shanley
Date Introduced: June 13, 2023
Referred To: House Judiciary
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 1
Proceedings in District Courts" is hereby amended to read as follows: 2
12-10-12. Filing of complaints. 3
(a) Subject to any other provisions of law relative to the filing of complaints for particular 4
crimes, any judge of the district court or superior court may place on file any complaint in a criminal 5
case other than a complaint for the commission of a felony or a complaint against a person who has 6
been convicted of a felony or a private complaint. The court may, in its discretion, determine the 7
length of time in which the case will be on file but in no event shall it be longer than the maximum 8
jail sentence allowed by law. The court may in its discretion require, as a condition of the filing, 9
the performance of services for the public good or may attach any other conditions to it that the 10
court shall determine; provided, in cases where the court ordered restitution totals less than two 11
hundred dollars ($200) to an injured party pursuant to this section or § 12-19-34, the court shall 12
require that full restitution be made at the time of sentencing if the court determines that the 13
defendant has the present ability to make the restitution. 14
(b) Express conditions of any filing in accordance with this section shall be that the 15
defendant at all times during the one year period of filing keep the peace and be of good behavior 16
and shall have paid all outstanding court-imposed or court-related fees, fines, costs, assessments, 17
charges, and/or any other monetary obligations unless reduced or waived by order of the court. A 18
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violation of any condition set by the court may be deemed a violation of the filing and the matter 1
that was filed may be resurrected by the court, or the court may impose a sanction. A determination 2
of whether a violation has occurred shall be made by the court in accordance with the procedures 3
relating to a violation of probation, §§ 12-19-9 and 12-19-14. 4
(c) In the event the complaint was originally filed under this section subsequent to the 5
defendant’s plea of guilty or nolo contendere to the charges, the court, if it finds there to have been 6
a violation but does not impose a sanction, may sentence the defendant. In the event the court filed 7
the complaint under this section while the defendant maintained a plea of not guilty, if the court 8
finds there to have been a violation but does not impose a sanction, it may proceed to the further 9
disposition of the complaint according to law. If no action is taken on the complaint for a period of 10
one year following the filing during the period of filing, the complaint shall be automatically 11
expunged. No criminal record shall result; provided, that in any civil action for a tort, a plea of 12
guilty or a finding of guilty should be admissible notwithstanding the fact that the complaint has 13
been filed. 14
(d) Notwithstanding the foregoing provisions of this section, in the event a complaint for a 15
crime involving domestic violence was originally filed under this section subsequent to the 16
defendant’s plea of guilty or nolo contendere to the charges, the court, if it finds there to have been 17
a violation, may sentence the defendant. In the event the court filed the complaint for a crime 18
involving domestic violence under this section while the defendant maintained a plea of not guilty, 19
if the court finds there to have been a violation, it may proceed to the further disposition of the 20
complaint for a crime involving domestic violence according to law. If, for a period of one year 21
following the filing during the period of filing, the defendant is not charged with a violation 22
pursuant to subsection (b) of this section, the filed complaint for the crime involving domestic 23
violence shall be automatically quashed and shall not be resurrected. If, for a period of three (3) 24
years after the date of filing, the defendant is not charged with a crime involving domestic violence, 25
or if so charged, is acquitted or the complaint is dismissed, all records relating to the filed complaint 26
for a crime involving domestic violence shall be expunged without the requirement of filing a 27
motion pursuant to chapter 1.3 of title 12. No criminal records shall result, unless in any civil action 28
for a tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the fact that 29
the complaint has been filed. Provided, however, that in sentencing a defendant for a crime 30
involving domestic violence of which the defendant was charged within three (3) years after the 31
filing of a prior crime involving domestic violence to which the defendant pleaded guilty or nolo 32
contendere, the court may take the plea into consideration. 33
(e) The defendant shall be advised that any and all bail money relating to a case that remains 34
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on deposit and is not claimed at the time of expungement shall be escheated to the state’s general 1
treasury in accordance with chapter 12 of title 8. 2
SECTION 2. This act shall take effect upon passage. 3
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- PRELIMINARY PROCEEDINGS IN DISTRICT
COURTS
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This act would provide judges the discretion to make the time period of a filing under § 1
12-10-12, but in no event longer than the maximum jail sentence allowed by law. 2
This act would take effect upon passage. 3
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