2024 -- S 2102

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LC003715

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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 -- BAIL AND RECOGNIZANCE

     

     Introduced By: Senators DeLuca, and de la Cruz

     Date Introduced: January 12, 2024

     Referred To: Senate Judiciary

     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.

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

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

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

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

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

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

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

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     (b) Whenever a person is charged with the possession of a firearm with alteration of

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identification marks in violation of ยง 11-47-24, there shall be a rebuttable presumption that the

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person is a danger to the safety of the community.

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     SECTION 2. This act shall take effect upon passage.

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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 require that whenever a person is charged with possession of a firearm with

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alteration of identification marks, the alteration would create a rebuttable presumption that the

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person is a danger to the safety of the community.

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     This act would take effect upon passage.

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