§ 12-10-12 - Filing of complaints.
SECTION 12-10-12
§ 12-10-12 Filing of complaints. –(a) Subject to any other provisions of law relative to the filing of complaintsfor particular crimes, any judge of the district court or superior court mayplace on file any complaint in a criminal case other than a complaint for thecommission of a felony or a complaint against a person who has been convictedof a felony or a private complaint. The court may in its discretion require, asa condition of the filing, the performance of services for the public good ormay attach any other conditions to it that the court shall determine; provided,in cases where the court ordered restitution totals less than two hundreddollars ($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 sentencingif the court determines that the defendant has the present ability to make therestitution.
(b) It shall be an express condition of any filing inaccordance with this section that the defendant shall at all times during theone year keep the peace and be of good behavior. A violation of that expresscondition or any other condition set by the court shall be deemed a violationof the filing and the matter which was filed may be resurrected by the court. Adetermination of whether a violation has occurred shall be made by the court inaccordance 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 underthis section subsequent to the defendant's plea of guilty or nolo contendere tothe charges, the court, if it finds there to have been a violation, maysentence the defendant. In the event the court filed the complaint under thissection while the defendant maintained a plea of not guilty, if the court findsthere to have been a violation, it may proceed to the further disposition ofthe complaint according to law. If no action is taken on the complaint for aperiod of one year following the filing, the complaint shall be automaticallyquashed and destroyed. All records relating to the complaint shall be expungedpursuant to the provisions of chapter 1.3 of this title. Further, if any recordof the complaint has been entered into a docket or alphabetical index, whetherkept in writing or in an electronic information storage system or other datacompilation system, all references to the identity of the person charged by thecomplaint shall be removed from the docket or index. No criminal record shallresult; provided, that in any civil action for a tort, a plea of guilty or afinding of guilty should be admissible notwithstanding the fact that thecomplaint has been filed.
(d) Notwithstanding the foregoing provisions of this section,in the event a complaint for a crime involving domestic violence was originallyfiled under this section subsequent to the defendant's plea of guilty or nolocontendere to the charges, the court, if it finds there to have been aviolation, may sentence the defendant. In the event the court filed thecomplaint for a crime involving domestic violence under this section while thedefendant maintained a plea of not guilty, if the court finds there to havebeen a violation, it may proceed to the further disposition of the complaintfor a crime involving domestic violence according to law. If, for a period ofone year after the date of filing the defendant is not charged with a violationpursuant to subsection (b) of this section, the filed complaint for the crimeinvolving domestic violence shall be automatically quashed and shall not beresurrected. If, for a period of three (3) years after the date of filing, thedefendant is not charged with a crime involving domestic violence, or if socharged, is acquitted or the complaint is dismissed, all records relating tothe filed complaint for a crime involving domestic violence shall be expungedpursuant to the provisions of chapter 1.3 of this title. Further, if any recordof the complaint for a crime involving domestic violence has been entered intoa docket or alphabetical index, whether kept in writing or in an electronicinformation storage system or other data compilation system, all references tothe identity of the person charged by the complaint for a crime involvingdomestic violence shall be removed from the docket index at the same time thecomplaint is quashed or destroyed. No criminal records shall result, unless inany civil action for a tort, in which a plea of guilty or a finding of guiltyis admissible notwithstanding the fact that the complaint has been filed.Provided however, that in sentencing a defendant for a crime involving domesticviolence of which the defendant was charged within three (3) years after thefiling of a prior crime involving domestic violence to which the defendantpleaded guilty or nolo contendere, the court may take the plea intoconsideration.