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

     

     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:

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     SECTION 1. Section 12-25-28 of the General Laws in Chapter 12-25 entitled "Criminal

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Injuries Compensation" is hereby amended to read as follows:

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     12-25-28. Special indemnity account for criminal injuries compensation.

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     (a) It is provided that the general treasurer establish a violent crimes indemnity account

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within the general fund for the purpose of paying awards granted pursuant to this chapter. The court

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shall assess as court costs in addition to those provided by law, against all defendants charged with

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a felony, misdemeanor, or petty misdemeanor, or traffic violation, whether or not the crime was a

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crime of violence, and who plead nolo contendere, guilty or who are found guilty of the commission

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of those crimes as follows:

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     (1) Where the offense charged is a felony and carries a maximum penalty of five (5) or

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more years imprisonment, one hundred and fifty dollars ($150) or fifteen percent (15%) of any fine

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imposed on the defendant by the court, whichever is greater.

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     (2) Where the offense charged is a felony and carries a maximum penalty of less than five

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(5) years imprisonment, ninety dollars ($90.00) or fifteen percent (15%) of any fine imposed on

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the defendant by the court, whichever is greater.

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     (3) Where the offense charged is a misdemeanor, thirty dollars ($30.00) or fifteen percent

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(15%) of any fine imposed on the defendant by the court, whichever is greater.

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     (4) Where the offense charged is a civil or criminal traffic violation, one dollar ($1.00) of

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any fine imposed on the defendant per charged offense, exclusive of fines imposed for violations

 

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relating to parking of vehicles. The clerks of courts for each municipality shall collect any fine

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levied under this subsection and shall transmit the collected surcharges within thirty (30) days to

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the crime victims' compensation fund.

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     (b) These costs shall be assessed whether or not the defendant is sentenced to prison and

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in no case shall they be waived by the court unless the court finds an inability to pay.

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     (c) When there are multiple counts or multiple charges to be disposed of simultaneously,

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the judge shall have the authority to suspend the obligation of the defendant to pay on all counts or

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charges above two (2).

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     (d) Up to fifteen percent (15%) of the state funds raised under this section, as well as federal

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matching funds, shall be available to pay administrative expenses necessary to operate this

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program. Federal funds for this purpose shall not supplant currently available state funds, as

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required by federal law.

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     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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     This act would fund the state crime victim compensation program through an additional

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one dollar ($1.00) fine on traffic violations, exclusive of violations related to the parking of

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vehicles.

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     This act would take effect one year after passage.

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