Chapter 030
2010 -- S 2225 AS AMENDED
Enacted 06/12/10
A N A C T
RELATING TO
CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION
Introduced By: Senators Perry, C Levesque, Miller, Metts, and Sosnowski
Date Introduced: February 09, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Section 12-19-18 of the General Laws in Chapter
12-19 entitled "Sentence
and Execution" is hereby amended to read as follows:
12-19-18. Termination
of imprisonment on deferred sentence on failure of grand
jury to indict Termination of imprisonment on deferred sentence on
failure of grand jury to
indict – Determinations of insufficient evidence lack of
probable cause or exercise of
prosecutional discretion. -- (a) Whenever any person has
been sentenced to imprisonment for
violation of a deferred sentence by reason of the alleged
commission of a felony and the grand
jury has failed to return any indictment or an information
has not been filed on the charge which
was specifically alleged to have constituted the
violation of the deferred sentence the sentence to
imprisonment for the alleged violation of the deferred sentence
shall, on motion made to the court
on behalf of the person so sentenced, be quashed, and
imprisonment shall be immediately
terminated, and the deferred sentence shall have same force and
effect as if no sentence to
imprisonment had been imposed.
(b) Whenever any
person, after an evidentiary hearing, has been sentenced to
imprisonment for violation of a suspended sentence or probationary
period by reason of the
alleged commission of a felony or misdemeanor said sentence
of imprisonment shall, on a motion
made to the court on behalf of the person so sentenced, be
quashed, and imprisonment shall be
terminated when any of the following occur on the charge which
was specifically alleged to have
constituted the violation:
(1) After trial
person is found "not guilty" or a motion for judgment of acquittal or
to
dismiss is made and granted pursuant to
29;
(2) After hearing
evidence, a "no true bill" is returned by the grand jury;
(3) After
consideration by an assistant or special assistant designated by the attorney
general, a "no information" based upon a lack of
probable cause is returned;
(4) A motion to
dismiss is made and granted pursuant to the
Sec. 12-12-1.7 and/or Superior Court Rule of Criminal
Procedure 9.1; or
(5) The charge fails
to proceed in District or Superior Court under circumstances where
the state is indicating a lack of probable cause, or
circumstances where the state or its agents
believe there is doubt about the culpability of the accused.
(c) This section
shall apply to all individuals sentenced to imprisonment for violation of a
suspended sentence or probationary period by reason of the
alleged commission of a felony or
misdemeanor and shall not alter the ability of the court to
revoke a suspended sentence or
probationary period for an allegation of conduct that does not
rise to the level of criminal
conduct.
SECTION
2. This act shall take effect upon passage.
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LC01093
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