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 | |
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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: | |
1 | SECTION 1. Section 12-13-5.1 of the General Laws in Chapter 12-13 entitled "Bail and |
2 | Recognizance" is hereby amended to read as follows: |
3 | 12-13-5.1. Presumption of danger to the community. |
4 | (a) Whenever a person is charged with, or indicted or informed against, for an offense |
5 | involving the unlawful sale, distribution, manufacture, delivery, or possession with intent to |
6 | manufacture, sell, distribute, or deliver any controlled substance, or by possession of any controlled |
7 | substance punishable by imprisonment for ten (10) years or more, and the state objects to the setting |
8 | of bail pursuant to the R.I. Const., Art. I, Sec. IX, if the court determines that the proof of guilt is |
9 | evident or the presumption great, then it shall be presumed that the person is a danger to the safety |
10 | of the community unless that presumption is rebutted by the defendant. |
11 | (b) Whenever a person is charged with the possession of a firearm with alteration of |
12 | identification marks in violation of ยง 11-47-24, there shall be a rebuttable presumption that the |
13 | person is a danger to the safety of the community. |
14 | 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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1 | This act would require that whenever a person is charged with possession of a firearm with |
2 | alteration of identification marks, the alteration would create a rebuttable presumption that the |
3 | person is a danger to the safety of the community. |
4 | This act would take effect upon passage. |
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