2013 -- S 0353

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LC01148

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL PROCEDURE - PRELIMINARY PROCEEDINGS IN DISTRICT

COURT

     Introduced By: Senators Lombardi, Jabour, Gallo, Lynch, and Archambault

     Date Introduced: February 13, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-10-2 of the General Laws in Chapter 12-10 entitled "Preliminary

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Proceedings in District Courts" is hereby amended to read as follows:

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     12-10-2. Powers of justices of the peace. -- (a) (1) The chief judge of the district court

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shall from time to time appoint, with power to revoke the appointments, from those qualified

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justices of the peace who shall be members of the bar of the state of Rhode Island within the

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cities and towns and divisions of the district court, as many justices of the peace as he or she may

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deem necessary, who shall be authorized to set and take bail in all complaints bailable before a

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division of the district court except those offenses punishable by life imprisonment and, in default

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of bail, to commit to the adult correctional institutions all respondents arrested on those

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complaints. The chief judge shall authorize the justices of the peace, so appointed by him or her,

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to issue warrants and complaints returnable to the division of the district court for any offense for

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which by law a judge of the district court may issue a warrant and complaint, and all warrants so

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issued, and all warrants and complaints upon which bail is taken or commitments are made, shall

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be immediately returned to the divisions; provided, that the justices of the peace shall not in any

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case or for any purpose have the power to issue search warrants. The justices of the peace may

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also set and take bail, as provided in this section, commit and issue warrants (except search

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warrants) in any division where the defendant is being held by the state police, the metropolitan

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park police, conservation officers of the department of environmental management, a sheriff or

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deputy sheriff, the capitol police, the campus security forces of the state colleges and universities,

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or city or town police forces.

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      (2) Whenever probable cause exists that a defendant is a violator of bail and/or probation

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in the district court or superior court, upon being presented with a violation report by an attorney

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for the state, and upon making a finding that the defendant is subject to violation of bail and/or

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probation and that probable cause exists on the new charge being brought, the justice of the peace

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shall issue his or her writ of mittimus confining the defendant without bail and issue a writ of

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habeas corpus returnable to the next sitting of the district court and make a finding of probable

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violation in writing. The justice of the peace shall proceed to arraign the defendant on the new

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charge pursuant to subdivision (1) of this subsection. The justice of the peace shall return his or

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her writs and other documentation of a district court violation to the clerk of the district court;

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regarding any superior court violation the attorney for the state shall notify the clerk of the

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superior court for the county where the case originated for which a finding of probable violation

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was made of the finding of probable violation and the attorney for the state shall, on the same

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date, request a judge or magistrate of the superior court to issue a writ of habeas corpus for the

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purpose of a violation presentation before the superior court returnable to the next sitting of the

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superior court in the county.

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      (b) In misdemeanor cases a justice of the peace may accept pleas of not guilty in which

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case the justice of the peace may schedule a pre-trial conference date before a judge of the district

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court.

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      (c) In non-capital felony cases the justices of the peace may also schedule felony

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screening dates.

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      (d) The fee for the justices of the peace shall be fifty dollars ($50.00) paid by each

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individual who appears before him or her; provided, that when a special session is requested

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between the hours of 11:00 p.m. and 8:00 a.m., including holidays and weekends, the fee shall be

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arranged between the defendant and the justice of the peace but shall not exceed two hundred

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dollars ($200). If the justice of the peace must appear before 11:00 p.m. on a weekend or a

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holiday, then the fee for the justice of the peace shall be one hundred dollars ($100) paid by the

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individual who appears before him or her. Justices of the peace shall have immunity for any

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actions taken pursuant to the provisions of this section.

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     SECTION 2. This act shall take effect upon passage.

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LC01148

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE - PRELIMINARY PROCEEDINGS IN DISTRICT

COURT

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     This act would set the fee for a justice of the peace to appear on a weekend or a holiday.

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     This act would take effect upon passage.

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LC01148

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