2021 -- H 5088

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LC000602

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE

     Introduced By: Representative Jason Knight

     Date Introduced: January 22, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-13-5.1 of the General Laws in Chapter 12-13 entitled "Bail and

Recognizance" is hereby repealed.

     12-13-5.1. Presumption of danger to the community.

     Whenever a person is charged with, or indicted or informed against, for an offense

involving the unlawful sale, distribution, manufacture, delivery, or possession with intent to

manufacture, sell, distribute, or deliver any controlled substance, or by possession of any controlled

substance punishable by imprisonment for ten (10) years or more, and the state objects to the setting

of bail pursuant to the R.I. Const., Art. I, Sec. IX, if the court determines that the proof of guilt is

evident or the presumption great, then it shall be presumed that the person is a danger to the safety

of the community unless that presumption is rebutted by the defendant.

     SECTION 2. This act shall take effect upon passage.

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LC000602

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE

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     This act would repeal § 12-13-5.1 which permits the state to draw an inference that a person

charged with delivery of a controlled substance is a danger to the community.

     This act would take effect upon passage.

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LC000602

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