2019 -- H 5173

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LC000799

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE

     Introduced By: Representatives Lombardi, Craven, Millea, McKiernan, and McEntee

     Date Introduced: January 23, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-12-1.7 of the General Laws in Chapter 12-12 entitled

"Indictments, Informations and Complaints" is hereby amended to read as follows:

     12-12-1.7. Motion to dismiss information Motion to dismiss information or

complaints.

     Within thirty (30) days after a defendant is served with a copy of an information charging

him or her with an offense in the superior court or charging him or her with an offense by way of

complaint in district court, he or she may move in the superior court to dismiss the information or

complaint on the ground that the information or complaint and exhibits appended to it do not

demonstrate the existence of probable cause to believe that the offense charged has been

committed or that the defendant committed it. Upon the filing of the motion to dismiss the court

shall schedule a hearing to be held within a reasonable time.

     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 -- BAIL AND RECOGNIZANCE

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     This act would permit defendants to file motions to dismiss in district court based on lack

of probable cause.

     This act would take effect upon passage.

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