2024 -- S 2098

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LC003850

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- TRIAL

     Introduced By: Senators Ruggerio, Pearson, Tikoian, Burke, Gallo, Sosnowski, Murray,
Lauria, and Lawson

     Date Introduced: January 12, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-17-3 of the General Laws in Chapter 12-17 entitled "Trial" is

hereby amended to read as follows:

     12-17-3. Waiver of jury trial — Special findings and rulings.

     In all criminal cases the accused may, if he or she shall so elect and, with the consent of

the attorney general or one of the attorney general's designated assistants and leave of the court,

waive a trial by jury, and in those cases the court shall have jurisdiction to hear and try the cause

without a jury and render judgment and pass sentence. In cases so tried the court shall, upon request

of the accused, make special finding upon any issue of fact and special ruling upon any question of

law arising in the case.

     SECTION 2. This act shall take effect upon passage.

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LC003850

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- TRIAL

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     This act requires prosecutorial consent in order for a defendant to waive a jury trial.

     This act would take effect upon passage.

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LC003850

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