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2013 -- S 0353 | |
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LC01148 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE - PRELIMINARY PROCEEDINGS IN DISTRICT | |
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COURT | |
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Introduced By: Senators Lombardi, Jabour, Gallo, Lynch, and Archambault | |
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Date Introduced: February 13, 2013 | |
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Referred To: Senate Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 12-10-2 of the General Laws in Chapter 12-10 entitled "Preliminary |
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Proceedings in District Courts" is hereby amended to read as follows: |
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12-10-2. Powers of justices of the peace. -- (a) (1) The chief judge of the district court |
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shall from time to time appoint, with power to revoke the appointments, from those qualified |
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justices of the peace who shall be members of the bar of the state of Rhode Island within the |
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cities and towns and divisions of the district court, as many justices of the peace as he or she may |
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deem necessary, who shall be authorized to set and take bail in all complaints bailable before a |
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division of the district court except those offenses punishable by life imprisonment and, in default |
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of bail, to commit to the adult correctional institutions all respondents arrested on those |
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complaints. The chief judge shall authorize the justices of the peace, so appointed by him or her, |
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to issue warrants and complaints returnable to the division of the district court for any offense for |
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which by law a judge of the district court may issue a warrant and complaint, and all warrants so |
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issued, and all warrants and complaints upon which bail is taken or commitments are made, shall |
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be immediately returned to the divisions; provided, that the justices of the peace shall not in any |
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case or for any purpose have the power to issue search warrants. The justices of the peace may |
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also set and take bail, as provided in this section, commit and issue warrants (except search |
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warrants) in any division where the defendant is being held by the state police, the metropolitan |
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park police, conservation officers of the department of environmental management, a sheriff or |
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deputy sheriff, the capitol police, the campus security forces of the state colleges and universities, |
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or city or town police forces. |
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(2) Whenever probable cause exists that a defendant is a violator of bail and/or probation |
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in the district court or superior court, upon being presented with a violation report by an attorney |
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for the state, and upon making a finding that the defendant is subject to violation of bail and/or |
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probation and that probable cause exists on the new charge being brought, the justice of the peace |
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shall issue his or her writ of mittimus confining the defendant without bail and issue a writ of |
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habeas corpus returnable to the next sitting of the district court and make a finding of probable |
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violation in writing. The justice of the peace shall proceed to arraign the defendant on the new |
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charge pursuant to subdivision (1) of this subsection. The justice of the peace shall return his or |
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her writs and other documentation of a district court violation to the clerk of the district court; |
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regarding any superior court violation the attorney for the state shall notify the clerk of the |
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superior court for the county where the case originated for which a finding of probable violation |
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was made of the finding of probable violation and the attorney for the state shall, on the same |
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date, request a judge or magistrate of the superior court to issue a writ of habeas corpus for the |
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purpose of a violation presentation before the superior court returnable to the next sitting of the |
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superior court in the county. |
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(b) In misdemeanor cases a justice of the peace may accept pleas of not guilty in which |
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case the justice of the peace may schedule a pre-trial conference date before a judge of the district |
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court. |
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(c) In non-capital felony cases the justices of the peace may also schedule felony |
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screening dates. |
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(d) The fee for the justices of the peace shall be fifty dollars ($50.00) paid by each |
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individual who appears before him or her; provided, that when a special session is requested |
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between the hours of 11:00 p.m. and 8:00 a.m., including holidays and weekends, the fee shall be |
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arranged between the defendant and the justice of the peace but shall not exceed two hundred |
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dollars ($200). If the justice of the peace must appear before 11:00 p.m. on a weekend or a |
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holiday, then the fee for the justice of the peace shall be one hundred dollars ($100) paid by the |
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individual who appears before him or her. Justices of the peace shall have immunity for any |
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actions taken pursuant to the provisions of this section. |
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SECTION 2. This act shall take effect upon passage. |
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LC01148 | |
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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 - PRELIMINARY PROCEEDINGS IN DISTRICT | |
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COURT | |
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This act would set the fee for a justice of the peace to appear on a weekend or a holiday. |
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This act would take effect upon passage. |
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LC01148 | |
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