The bill proposes amendments to the General Laws to introduce a new category of criminal offense called "petty misdemeanor," which is punishable by imprisonment not exceeding six months or a fine not more than $500, or both. This category is distinct from felonies, misdemeanors, and violations. Additionally, the bill specifies that criminal cases resulting in a sentence of a fine only shall not be considered a criminal conviction for any purpose, including the expungement of criminal records. It also amends the law to clarify that a plea of nolo contendere followed by probation without a specific finding of a probation violation or new offense shall not constitute a conviction.
Further amendments include the clarification that a violation of probation terms shall be considered a prior conviction for enhancing sentences for subsequent convictions. The bill also allows courts to suspend sentences or place defendants on probation without imposing a suspended sentence, under certain conditions. It inserts language to indicate that a period of probation, without any period of imprisonment, shall not be considered a conviction. The bill aims to make cases resolved by fines alone eligible for expungement and to allow probation alone to enhance sentences for repeat offenses. It would take effect upon passage. Notably, the bill includes deletions of language that previously suggested a plea and probation could constitute a conviction if probation terms were violated, and it removes a subsection that was deleted in previous legislation.
Statutes affected: 7311: 11-1-2, 12-18-3, 12-19-8