AN ACT RELATING TO CRIMINAL PROCEDURE -- PRELIMINARY PROCEEDINGS IN DISTRICT COURTS (Allows someone convicted of a previous felony or a private complaint to be eligible under § 12-10-12 for a misdemeanor filing.)

S2602

2026 -- S 2602
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL PROCEDURE -- PRELIMINARY PROCEEDINGS IN DISTRICT
COURTS

Introduced By:
Senators LaMountain, Bissaillon, and Burke

Date Introduced:
February 13, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 12-10-12 of the General Laws in Chapter 12-10 entitled "Preliminary
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Proceedings in District Courts" is hereby amended to read as follows:
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12-10-12. Filing of complaints.
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(a) Subject to any other provisions of law relative to the filing of complaints for particular
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crimes, any judge of the district court or superior court may place on file any complaint in a criminal
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case other than a complaint for the commission of a felony
or a complaint against a person who has
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been convicted of a felony or a private complaint
. The court may, in its discretion, determine the
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length of time in which the case will be on file but in no event shall it be longer than the maximum
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jail sentence allowed by law. The court may in its discretion require, as a condition of the filing,
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the performance of services for the public good or may attach any other conditions to it that the
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court shall determine; provided, in cases where the court ordered restitution totals less than two
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hundred dollars ($200) to an injured party pursuant to this section or § 12-19-34, the court shall
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require that full restitution be made at the time of sentencing if the court determines that the
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defendant has the present ability to make the restitution.
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(b) Express conditions of any filing in accordance with this section shall be that the
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defendant at all times during the period of filing keep the peace and be of good behavior and shall
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have paid all outstanding court-imposed or court-related fees, fines, costs, assessments, charges,
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and/or any other monetary obligations unless reduced or waived by order of the court. A violation

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of any condition set by the court may be deemed a violation of the filing and the matter that was
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filed may be resurrected by the court, or the court may impose a sanction. A determination of
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whether a violation has occurred shall be made by the court in accordance with the procedures
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relating to a violation of probation, §§ 12-19-9 and 12-19-14.
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(c) In the event the complaint was originally filed under this section subsequent to the
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defendant’s plea of guilty or nolo contendere to the charges, the court, if it finds there to have been
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a violation but does not impose a sanction, may sentence the defendant. In the event the court filed
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the complaint under this section while the defendant maintained a plea of not guilty, if the court
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finds there to have been a violation but does not impose a sanction, it may proceed to the further
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disposition of the complaint according to law. If no action is taken on the complaint during the
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period of filing, the complaint shall be automatically expunged. No criminal record shall result;
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provided, that in any civil action for a tort, a plea of guilty or a finding of guilty should be admissible
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notwithstanding the fact that the complaint has been filed.
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(d) Notwithstanding the foregoing provisions of this section, in the event a complaint for a
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crime involving domestic violence was originally filed under this section subsequent to the
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defendant’s plea of guilty or nolo contendere to the charges, the court, if it finds there to have been
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a violation, may sentence the defendant. In the event the court filed the complaint for a crime
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involving domestic violence under this section while the defendant maintained a plea of not guilty,
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if the court finds there to have been a violation, it may proceed to the further disposition of the
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complaint for a crime involving domestic violence according to law. If, during the period of filing,
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the defendant is not charged with a violation pursuant to subsection (b) of this section, the filed
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complaint for the crime involving domestic violence shall be automatically quashed and shall not
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be resurrected. If, for a period of three (3) years after the date of filing, the defendant is not charged
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with a crime involving domestic violence, or if so charged, is acquitted or the complaint is
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dismissed, all records relating to the filed complaint for a crime involving domestic violence shall
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be expunged without the requirement of filing a motion pursuant to chapter 1.3 of title 12. No
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criminal records shall result, unless in any civil action for a tort, in which a plea of guilty or a
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finding of guilty is admissible notwithstanding the fact that the complaint has been filed. Provided,
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however, that in sentencing a defendant for a crime involving domestic violence of which the
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defendant was charged within three (3) years after the filing of a prior crime involving domestic
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violence to which the defendant pleaded guilty or nolo contendere, the court may take the plea into
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consideration.
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(e) The defendant shall be advised that any and all bail money relating to a case that remains
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on deposit and is not claimed at the time of expungement shall be escheated to the state’s general

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treasury in accordance with chapter 12 of title 8.
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SECTION 2. This act shall take effect upon passage.
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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 allow someone convicted of a previous felony or a private complaint to be
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eligible under § 12-10-12 for a misdemeanor filing.
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This act would take effect upon passage.
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LC004680
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