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S 2602Criminal Procedure

Criminal Procedure - Preliminary Proceedings in District Courts

This bill allows judges to grant "filings" (a type of probation leading to dismissal) to defendants who have prior felony convictions.

Introduced36 Yea0 Nay2 Not voting
Population
Affected
15
Email Legislator
Introduced Feb 13, 2026Committee Senate Judiciary

Plain-English Summary

This legislation modifies the rules regarding the "filing" of criminal complaints in District and Superior Courts. In Rhode Island, "filing" a case is a procedure where a criminal charge is held in abeyance for a specific period (usually one year) and, if the defendant meets certain conditions like good behavior and paying restitution, the case is eventually removed from their record. Currently, individuals with a prior felony conviction are ineligible for this option. This bill removes that restriction, allowing judges the discretion to file complaints for non-felony charges even if the defendant has a previous felony conviction.

For younger readers

When people get in trouble with the law, a judge can sometimes decide to give them a "timeout" instead of a punishment. If the person stays out of trouble during the timeout, the bad mark goes away. Right now, if a person did something really bad (called a felony) a long time ago, the judge isn't allowed to give them this "timeout" for a new, smaller mistake. This bill changes the rule so the judge can give them a second chance, even if they had big trouble in the past, as long as they behave.

Who & Where It Applies

Impacted groups
Defendants with prior felony convictionsDistrict and Superior Court JudgesCrime victims seeking restitutionCriminal defense attorneysState prosecutors
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Reduces the lasting collateral consequences of the criminal justice system by allowing individuals with past records to access diversionary paths for minor offenses, promoting rehabilitation over punishment.
  • Addresses systemic inequality by giving judges the discretion to evaluate a defendant's current situation rather than mandating harsh processing based solely on prior history.
  • Helps stabilize communities by allowing individuals to maintain employment and housing, which might otherwise be jeopardized by a new criminal conviction.
  • Relies heavily on judicial discretion, which can unfortunately lead to inconsistent application where biases regarding race or class may influence who receives a filing and who does not.
  • Does not mandate the filing of cases, meaning that in more conservative jurisdictions or with stricter judges, the intended relief for marginalized groups may not be realized.
  • Lacks specific provisions for increased support services or funding to help these defendants succeed during the filing period.
For Conservatives
  • Reduces taxpayer costs associated with lengthy trials and incarceration by resolving minor cases through a more efficient procedural mechanism.
  • Maintains strict requirements for restitution, ensuring that victims are financially compensated as a condition of the filing.
  • Streamlines the court docket, allowing the judicial system to focus its limited resources and time on prosecuting more serious, violent crimes.
  • Undermines the rule of law by allowing individuals who have already committed felonies to avoid the full consequences of new criminal behavior.
  • Potentially compromises public safety by returning repeat offenders to the community without a criminal conviction for their new offenses.
  • Weakens the deterrent effect of the justice system, as career criminals may perceive that they can continue to break the law with minimal repercussions.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 1 addition · 2 deletions

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 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 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, 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.