2024 -- H 8156

========

LC005624

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE

     Introduced By: Representatives Noret, Chippendale, Corvese, Shallcross Smith, Cardillo,
Casey, Costantino, Lima, J. Brien, and Craven

     Date Introduced: April 10, 2024

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 12-13-1, 12-13-1.1 and 12-13-5.1 of the General Laws in Chapter

12-13 entitled "Bail and Recognizance" are hereby amended to read as follows:

     12-13-1. Right to release pending trial on giving of recognizance.

     Every person who is held on any criminal process to answer to any indictment, information,

or complaint against him or her, subject to the provisions of §§ 12-13-1.1 and 12-13-5.1, shall be

released upon giving recognizance with sufficient surety or sureties before a justice of the supreme

or superior court or before a justice of the district court, when the complaint is pending in that court

or the person is held to answer to that court, in the sum named in the process, if any has been named

in it, and if none is named, then in any sum that the justice shall deem reasonable, to appear before

the court where the indictment, information, or complaint is pending against him or her, or to which

he or she may be bound over to appear, to answer to the indictment, information, or complaint, and

to answer to it whenever called upon so to do, and abide the final order of the court, and in the

meantime keep the peace and be of good behavior. Any justice may take the recognizance in any

place within the state, and the recognizance shall be returned to the court to which the accused has

recognized to appear.

     12-13-1.1. Hearings when state opposes bail — Medical disability of accused.

     (a) In all cases where the state opposes the granting of bail in respect to offenses punishable

by imprisonment for life and/or offenses involving the use or threat of use of a dangerous weapon

by one already convicted of the an offense or of an offense punishable by imprisonment for life

pursuant to the provisions of R.I. Const., Art. I, Sec. IX, hearings shall be held in the superior court

unless arrangements are made by the parties for a stenographic or electronic recording of

proceedings in the district court.

     (b) In the event an accused person fails to appear in superior court for arraignment on the

an offense and the accused is under the care of a private physician who has determined that the

accused is medically unable to appear in court for arraignment, the justice of the superior court in

charge of the criminal calendar shall order the immediate examination of the accused by a licensed

physician, who shall file his or her medical report with the court within seven (7) days of his or her

examination of the accused. Should the justice after hearing decide that the accused is medically

unable to appear in superior court for arraignment, he or she shall make whatever arrangements are

necessary to have the accused arraigned at a location other than the superior court.

     (c) The accused person shall be liable for all expenses incurred by the state as a direct result

of the inability of the accused to appear in court for arraignment and/or the inability to transfer the

accused to the adult correctional institutions or hospital facility owned by the state.

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

community; Presumption of risk of flight.

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

which bail may be denied pursuant to the provisions of R.I. Const., Art. I, Sec. IX or 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 and a risk of flight from bail and/or prosecution unless that presumption is

rebutted by the defendant.

     SECTION 2. This act shall take effect upon passage.

========

LC005624

========

LC005624 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE

***

     This act would provide that any person charged with an offense for which bail may be

denied pursuant to the provisions of R.I. Const., Art. I, Sec. IX or an offense involving the unlawful

sale, distribution, manufacture, delivery of a controlled substance, it shall be presumed, if the court

finds proof of guilt evident or the presumption great, that the person is a danger to the community

and a risk of flight unless that presumption is rebutted by the defendant. The defendant shall be

required to rebut that presumption.

     This act would take effect upon passage.

========

LC005624

========

LC005624 - Page 3 of 3