The bill amends Section 12-10-12 of the General Laws in Chapter 12-10 entitled "Preliminary Proceedings in District Courts" to provide judges with the discretion to determine the length of time a criminal case can be placed on file, with the condition that it cannot exceed the maximum jail sentence allowed by law. The bill specifies that any judge of the district court or superior court may file any complaint in a criminal case, except for felonies or complaints against individuals previously convicted of a felony. Additionally, the bill allows the court to require services for the public good or other conditions as part of the filing, and mandates full restitution at the time of sentencing if the defendant is able to pay and the court-ordered restitution is less than $200.

The bill also modifies the conditions of filing to require that the defendant keep the peace and be of good behavior during the period of filing, which replaces the previous one-year term, and pay all monetary obligations unless waived by the court. Violations of these conditions may result in the court resurrecting the filed matter or imposing sanctions. If no action is taken on the complaint during the filing period, it will be automatically expunged. The bill further addresses complaints involving domestic violence, outlining procedures for violations and expungement. The act will take effect upon passage.

Statutes affected:
6522: 12-10-12