2022 -- H 7141

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LC003402

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - PROBATION AND PAROLE SUPPORT

     

     Introduced By: Representatives Knight, Speakman, Craven, Caldwell, Batista, McEntee,
Shanley, Kislak, Cassar, and Felix

     Date Introduced: January 20, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-18.1-3 of the General Laws in Chapter 12-18.1 entitled "Probation

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and Parole Support Act" is hereby repealed.

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     12-18.1-3. Court costs.

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     (a) The court shall assess as court costs, in addition to those otherwise provided by law,

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against all defendants charged with a felony, misdemeanor, or petty misdemeanor, and who plead

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nolo contendere or guilty or who are found guilty of the commission of those crimes, as follows:

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     (1) Where the offense charged is a felony and carries a maximum penalty of five (5) or

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more years imprisonment, three hundred dollars ($300) or ten percent (10%) of any fine imposed

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on the defendant by the court, whichever is greater;

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     (2) Where the offense charged is a felony and carries a maximum penalty of less than five

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(5) years imprisonment, one hundred eighty dollars ($180) or ten percent (10%) of any fine imposed

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on the defendant by the court, whichever is greater; and

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     (3) Where the offense charged is a misdemeanor, sixty dollars ($60.00) or ten percent

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(10%) of any fine imposed on the defendant by the court, whichever is greater.

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     (b) These costs shall be assessed whether or not the defendant is sentenced to prison and

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in no case shall they be remitted by the court.

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     (c) When there are multiple counts or multiple charges to be disposed of simultaneously,

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the judge shall have the authority to suspend the obligation of the defendant to pay on all counts or

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charges above two (2).

 

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     (d) If the court determines that the defendant does not have the ability to pay the costs as

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set forth in this section, the judge may by specific order mitigate the costs in accordance with the

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court's determination of the ability of the offender to pay the costs.

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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 - PROBATION AND PAROLE SUPPORT

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     This act would repeal court costs against all defendants who plead nolo contendere, guilty

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or are found guilty of certain crimes.

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     This act would take effect upon passage.

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