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2012 -- H 7844 | |
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LC01740 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE - PUBLIC DEFENDER | |
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Introduced By: Representatives Tarro, Serpa, Dickinson, and Baldelli-Hunt | |
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Date Introduced: February 28, 2012 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 12-15-9 of the General Laws in Chapter 12-15 entitled "Public |
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Defender" is hereby amended to read as follows: |
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12-15-9. Eligibility for assistance. – (a) Every person who seeks the services of the |
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office of the public defender under this chapter must make affidavit under oath that, after |
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payment of necessary expenses for food, shelter and medical care, he or she does not have |
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sufficient income or assets to enable him or her to retain counsel, nor is there any one to whom he |
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or she is entitled to look for support who has that income or assets. The public defender, on his or |
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her own instigation or at the request of a referring court, may require a further financial statement, |
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may require relevant documents, and may conduct any investigation he or she deems appropriate. |
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If the public defender, after examination and investigation of the financial statement, is satisfied |
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that the person submitting it is an indigent defendant, the public defender or one of his or her |
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assistants shall defend the person; provided, that if the public defender is satisfied that the person |
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is not an indigent defendant, he or she shall notify the court which referred the person to the |
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public defender's office of the determination that the person is not an indigent defendant. |
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(b) If services are provided by the public defender or a court-appointed lawyer, the |
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defendant shall, for a district court case, either pay a fifty dollar ($50.00) fee to a fund set up at |
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the public defender’s office, or provide ten (10) hours of community service. For a superior court |
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case, the defendant shall pay a one-hundred dollar ($100.00) fee or provide twenty (20) hours of |
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community service. |
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SECTION 2. This act shall take effect upon passage. |
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LC01740 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE - PUBLIC DEFENDER | |
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This act would require that a defendant who obtains the services of a public defender or |
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court-appointed attorney in a district court case be required to pay fifty dollars ($50.00), or |
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perform ten (10) hours of community service. If he or she obtains the public defender’s or court- |
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appointed attorney’s assistance in a superior court case, he or she shall pay one hundred dollars |
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($100.00) or perform twenty (20) hours of community service. |
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This act would take effect upon passage. |
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LC01740 | |
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