2012 -- S 2512

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LC00972

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - LEVY

AND SALE ON EXECUTION

     Introduced By: Senators Lanzi, DiPalma, McCaffrey, Lynch, and Jabour

     Date Introduced: February 16, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 9-26-5 of the General Laws in Chapter 9-26 entitled "Levy and Sale

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on Execution" is hereby amended to read as follows:

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     9-26-5. Exemption of police and firefighters' pensions -- Assignments invalid. -- No

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interest of any person in any pension fund or in any pension derivable therefrom, for the benefit

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of police officers or firefighters, now or hereafter created or held by authority of law by any city

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or town, or by any public officer or officers or board of officers therein, to which fund the city or

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town contributes in any way, shall be subject to trustee process or liable to attachment on any

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writ, original, mesne, or judicial, or be taken on execution or any process, legal or equitable; and

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no assignment of any such interest shall be valid.; provided, that where such person’s liability

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results from entry of a civil judgment based on a conviction for murder, as defined in Rhode

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Island general laws sections 11-23-1 or 11-23-2.1, this section shall not apply.

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     SECTION 2. This act shall take effect upon passage.

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LC00972

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY - LEVY

AND SALE ON EXECUTION

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     This act would not exempt police and firefighters’ pensions from attachment or any

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trustee process upon a civil judgment based on a conviction for murder.

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     This act would take effect upon passage.

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LC00972

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