2024 -- S 2754 | |
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LC004940 | |
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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 -- CRIMINAL INJURIES COMPENSATION | |
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Introduced By: Senators Ciccone, Britto, LaMountain, F. Lombardi, and Tikoian | |
Date Introduced: March 08, 2024 | |
Referred To: Senate Finance | |
(General Treasurer) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 12-25-28 of the General Laws in Chapter 12-25 entitled "Criminal |
2 | Injuries Compensation" is hereby amended to read as follows: |
3 | 12-25-28. Special indemnity account for criminal injuries compensation. |
4 | (a) It is provided that the general treasurer establish a violent crimes indemnity account |
5 | within the general fund for the purpose of paying awards granted pursuant to this chapter. The court |
6 | shall assess as court costs in addition to those provided by law, against all defendants charged with |
7 | a felony, misdemeanor, or petty misdemeanor, or traffic violation, whether or not the crime was a |
8 | crime of violence, and who plead nolo contendere, guilty or who are found guilty of the commission |
9 | of those crimes as follows: |
10 | (1) Where the offense charged is a felony and carries a maximum penalty of five (5) or |
11 | more years imprisonment, one hundred and fifty dollars ($150) or fifteen percent (15%) of any fine |
12 | imposed on the defendant by the court, whichever is greater. |
13 | (2) Where the offense charged is a felony and carries a maximum penalty of less than five |
14 | (5) years imprisonment, ninety dollars ($90.00) or fifteen percent (15%) of any fine imposed on |
15 | the defendant by the court, whichever is greater. |
16 | (3) Where the offense charged is a misdemeanor, thirty dollars ($30.00) or fifteen percent |
17 | (15%) of any fine imposed on the defendant by the court, whichever is greater. |
18 | (4) Where the offense charged is a civil or criminal traffic violation, one dollar ($1.00) of |
19 | any fine imposed on the defendant per charged offense, exclusive of fines imposed for violations |
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1 | relating to parking of vehicles. The clerks of courts for each municipality shall collect any fine |
2 | levied under this subsection and shall transmit the collected surcharges within thirty (30) days to |
3 | the crime victims' compensation fund. |
4 | (b) These costs shall be assessed whether or not the defendant is sentenced to prison and |
5 | in no case shall they be waived by the court unless the court finds an inability to pay. |
6 | (c) When there are multiple counts or multiple charges to be disposed of simultaneously, |
7 | the judge shall have the authority to suspend the obligation of the defendant to pay on all counts or |
8 | charges above two (2). |
9 | (d) Up to fifteen percent (15%) of the state funds raised under this section, as well as federal |
10 | matching funds, shall be available to pay administrative expenses necessary to operate this |
11 | program. Federal funds for this purpose shall not supplant currently available state funds, as |
12 | required by federal law. |
13 | SECTION 2. This act shall take effect one year after passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL PROCEDURE -- CRIMINAL INJURIES COMPENSATION | |
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1 | This act would fund the state crime victim compensation program through an additional |
2 | one dollar ($1.00) fine on traffic violations, exclusive of violations related to the parking of |
3 | vehicles. |
4 | This act would take effect one year after passage. |
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