Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0387 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0387
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7	7	LC001242
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO CRIMINAL PROCEDURE -- PRELIMINARY PROCEEDINGS IN DISTRICT
16	16	COURTS
17	17	Introduced By: Senators LaMountain, McKenney, Burke, Raptakis, Euer, Tikoian, and
18	18	F. Lombardi
19	19	Date Introduced: February 16, 2023
20	20	Referred To: Senate Judiciary
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 12-10-12 of the General Laws in Chapter 12-10 entitled "Preliminary 1
25	25	Proceedings in District Courts" is hereby amended to read as follows: 2
26	26	12-10-12. Filing of complaints. 3
27	27	(a) Subject to any other provisions of law relative to the filing of complaints for particular 4
28	28	crimes, any judge of the district court or superior court may place on file any complaint in a criminal 5
29	29	case other than a complaint for the commission of a felony or a complaint against a person who has 6
30	30	been convicted of a felony or a private complaint. The court may, in its discretion, determine the 7
31	31	length of time in which the case will be on file but in no event shall it be longer than the maximum 8
32	32	jail sentence allowed by law. The court may in its discretion require, as a condition of the filing, 9
33	33	the performance of services for the public good or may attach any other conditions to it that the 10
34	34	court shall determine; provided, in cases where the court ordered restitution totals less than two 11
35	35	hundred dollars ($200) to an injured party pursuant to this section or § 12-19-34, the court shall 12
36	36	require that full restitution be made at the time of sentencing if the court determines that the 13
37	37	defendant has the present ability to make the restitution. 14
38	38	(b) Express conditions of any filing in accordance with this section shall be that the 15
39	39	defendant at all times during the one year period of filing keep the peace and be of good behavior 16
40	40	and shall have paid all outstanding court-imposed or court-related fees, fines, costs, assessments, 17
41	41	charges, and/or any other monetary obligations unless reduced or waived by order of the court. A 18
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45	45	violation of any condition set by the court may be deemed a violation of the filing and the matter 1
46	46	that was filed may be resurrected by the court, or the court may impose a sanction. A determination 2
47	47	of whether a violation has occurred shall be made by the court in accordance with the procedures 3
48	48	relating to a violation of probation, §§ 12-19-9 and 12-19-14. 4
49	49	(c) In the event the complaint was originally filed under this section subsequent to the 5
50	50	defendant’s plea of guilty or nolo contendere to the charges, the court, if it finds there to have been 6
51	51	a violation but does not impose a sanction, may sentence the defendant. In the event the court filed 7
52	52	the complaint under this section while the defendant maintained a plea of not guilty, if the court 8
53	53	finds there to have been a violation but does not impose a sanction, it may proceed to the further 9
54	54	disposition of the complaint according to law. If no action is taken on the complaint for a period of 10
55	55	one year following the filing during the period of filing, the complaint shall be automatically 11
56	56	expunged. No criminal record shall result; provided, that in any civil action for a tort, a plea of 12
57	57	guilty or a finding of guilty should be admissible notwithstanding the fact that the complaint has 13
58	58	been filed. 14
59	59	(d) Notwithstanding the foregoing provisions of this section, in the event a complaint for a 15
60	60	crime involving domestic violence was originally filed under this section subsequent to the 16
61	61	defendant’s plea of guilty or nolo contendere to the charges, the court, if it finds there to have been 17
62	62	a violation, may sentence the defendant. In the event the court filed the complaint for a crime 18
63	63	involving domestic violence under this section while the defendant maintained a plea of not guilty, 19
64	64	if the court finds there to have been a violation, it may proceed to the further disposition of the 20
65	65	complaint for a crime involving domestic violence according to law. If, for a period of one year 21
66	66	following the filing during the period of filing, the defendant is not charged with a violation 22
67	67	pursuant to subsection (b) of this section, the filed complaint for the crime involving domestic 23
68	68	violence shall be automatically quashed and shall not be resurrected. If, for a period of three (3) 24
69	69	years after the date of filing, the defendant is not charged with a crime involving domestic violence, 25
70	70	or if so charged, is acquitted or the complaint is dismissed, all records relating to the filed complaint 26
71	71	for a crime involving domestic violence shall be expunged without the requirement of filing a 27
72	72	motion pursuant to chapter 1.3 of title 12. No criminal records shall result, unless in any civil action 28
73	73	for a tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the fact that 29
74	74	the complaint has been filed. Provided, however, that in sentencing a defendant for a crime 30
75	75	involving domestic violence of which the defendant was charged within three (3) years after the 31
76	76	filing of a prior crime involving domestic violence to which the defendant pleaded guilty or nolo 32
77	77	contendere, the court may take the plea into consideration. 33
78	78	(e) The defendant shall be advised that any and all bail money relating to a case that remains 34
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82	82	on deposit and is not claimed at the time of expungement shall be escheated to the state’s general 1
83	83	treasury in accordance with chapter 12 of title 8. 2
84	84	SECTION 2. This act shall take effect upon passage. 3
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91	91	EXPLANATION
92	92	BY THE LEGISLATIVE COUNCIL
93	93	OF
94	94	A N A C T
95	95	RELATING TO CRIMINAL PROCEDURE -- PRELIMINARY PROCEEDINGS IN DISTRICT
96	96	COURTS
97	97	***
98	98	This act would provide judges the discretion to make the time period of a filing under § 1
99	99	12-10-12, but in no event longer than the maximum jail sentence allowed by law. 2
100	100	This act would take effect upon passage. 3
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