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SB 2602

AN ACT RELATING TO CRIMINAL PROCEDURE -- PRELIMINARY PROCEEDINGS IN DISTRICT COURTS

2026 Regular Session Introduced by Jake Bissaillon and 2 co-sponsors

SB 2602 lets courts file misdemeanor complaints against people with prior felonies or private complaints, with conditions and automatic expungement if no action occurs.

05/29/2026 Referred to House Judiciary
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Bill Summary · SB 2602

Summary of SB 2602 (Rhode Island, 2026)

Purpose and intent

SB 2602 amends the statutory framework governing preliminary proceedings in district courts. Its central aim is to allow individuals who have been previously convicted of a felony or who have a private complaint to be eligible for a misdemeanor filing under § 12-10-12, expanding the universe of cases that may be placed on file under this provision. The act takes effect upon passage.

Key provisions and changes

  • Filing of complaints (12-10-12(a))

    • Courts (district or superior) may place on file a complaint in a criminal case that is not a felony, or against a person who has been convicted of a felony, or a private complaint.
    • The court may set the duration that the case remains on file, but not longer than the maximum jail sentence allowed by law.
    • The court may impose conditions tied to filing, including public service requirements; restitution rules apply when total restitution is under $200 (to be paid at sentencing if the defendant has the present ability).

  • Conditions of filing (12-10-12(b))

    • Defendants must keep the peace, behave, and pay outstanding court-imposed fees, fines, costs, assessments, and other monetary obligations (unless reduced or waived).
    • Violations of these conditions can lead to reinstatement of the filing or court-imposed sanctions, assessed using probation-law procedures.

  • Disposition following violation (12-10-12(c))

    • If the complaint arose after a guilty or no contest plea and a violation occurs without a sanction, the court may sentence the defendant.
    • If the defendant maintained a not-guilty plea, and a violation occurs without a sanction, the case may proceed to disposition under the usual law.
    • If no action is taken during the filing period, the complaint is automatically expunged; no criminal record results. Civil actions for torts remain admissible if a guilty plea or finding of guilt exists.

  • Domestic violence cases (12-10-12(d))

    • Special treatment mirrors the general provisions but includes automatic quashing if no violation is charged during the filing period.
    • After three years, all records related to a filed DV complaint are expunged if there is no charge, acquittal, or dismissal, with some exceptions allowing plea consideration in sentencing for DV offenses filed within three years of a prior DV conviction.

  • Bail money (12-10-12(e))

    • Any bail money remaining on deposit at expungement escheats to the state's general fund.

Who is affected

  • Individuals who have a prior felony conviction or a private complaint and who might otherwise be ineligible for certain misdemeanor filings under current law.
  • Defendants in district and, by extension, potentially affected proceedings where a qualifying non-felony complaint is placed on file.
  • Domestic violence cases, where DV-specific rules apply regarding expungement and consideration of prior DV pleas.

Procedural and timeline aspects

  • The act does not specify a fixed maximum duration beyond “the maximum jail sentence allowed by law” for the on-file period.
  • Expungement processes trigger automatically if no action occurs during the filing period.
  • Three-year look-back and expungement timelines apply specifically to domestic violence-related filings.

Overall, SB 2602 broadens the eligibility for misdemeanor filings to include some individuals with prior felony convictions or private complaints, subject to court-imposed conditions and expungement rules.

Compiled from official sources — confirm details with the bill’s official record.

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