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2012 -- H 7846 | |
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LC01562 | |
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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 -- BAIL AND RECOGNIZANCE | |
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Introduced By: Representatives McLaughlin, MacBeth, Menard, Guthrie, and Azzinaro | |
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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 12-13-5.1 of the General Laws in Chapter 12-13 entitled "Bail and |
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Recognizance" is hereby amended to read as follows: |
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12-13-5.1. Presumption of danger to the community. -- (a) Whenever a person is |
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charged with, or indicted or informed against, for an offense involving the unlawful sale, |
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distribution, manufacture, delivery, or possession with intent to manufacture, sell, distribute, or |
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deliver any controlled substance, or by possession of any controlled substance punishable by |
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imprisonment for ten (10) years or more, and the state objects to the setting of bail pursuant to the |
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R.I. Const., Art. I, Sec. IX, if the court determines that the proof of guilt is evident or the |
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presumption great, then it shall be presumed that the person is a danger to the safety of the |
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community unless that presumption is rebutted by the defendant. |
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(b) In making a determination as to whether a person is a danger to the community and/or |
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to grant or deny bail to a person charged with a sexual offense, the court may consider past |
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indictments and/or arrests of the person for similar sexual offenses. In the event a person is not |
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released but is denied bail as a danger to the community pursuant to this section, said person shall |
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be remanded to protective custody. As used herein, the term “sexual offense” means and includes |
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any offense for which a person upon conviction thereof is or would be required to register under |
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the provisions of chapter 11-37.1 (“Sexual Offender Registration and Community Notification”), |
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or any offense in another jurisdiction which is substantially the equivalent to any of the said |
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offenses listed in said chapter, or for which the person is or would be required to register under 42 |
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U.S.C. 14071 or 18 U.S.C. 4042(c). |
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SECTION 2. This act shall take effect upon passage. |
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LC01562 | |
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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 -- BAIL AND RECOGNIZANCE | |
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This act would allow a court, in determining whether a person is a danger to the |
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community and/or to grant or deny bail to a person charged with a sexual offense, to consider past |
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indictments and/or arrests of the person for similar sexual offenses. In the event a person is not |
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released but is denied bail as a danger to the community pursuant to this section, the person |
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would be remanded to protective custody. |
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This act would take effect upon passage. |
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LC01562 | |
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