2014 -- H 7915

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LC004584

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - CRIMINAL PROCEDURE -

IDENTIFICATION AND APPREHENSION OF CRIMINALS

     Introduced By: Representatives Silva, and Shekarchi

     Date Introduced: March 12, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-8-3 of the General Laws in Chapter 8-8 entitled "District Court"

is hereby amended to read as follows:

     8-8-3. Jurisdiction. -- (a) The district court shall have exclusive original jurisdiction of:

      (1) All civil actions at law, but not causes in equity or those following the course of

equity except as provided in section 8-8-3.1 and chapter 8.1 of this title, wherein the amount in

controversy does not exceed five thousand dollars ($5,000);

      (2) All actions between landlords and tenants pursuant to chapter 18 of title 34 and all

other actions for possession of premises and estates notwithstanding the provisions of subsection

(c) of this section;

      (3) All actions of replevin where the goods and chattels to be replevied are of the value

of five thousand dollars ($5,000) or less;

      (4) All violations of minimum housing standards whether established by chapter 24.3 of

title 45 or by any municipal ordinance, rule, or regulation passed pursuant to the authority granted

either by chapter 24.2 of title 45 or by special act of the general assembly governing minimum

housing standards; except that in the event the city of Providence or town of North Providence

shall by ordinance create a court for the purpose of exercising jurisdiction over violations of

minimum housing standards, Providence Municipal Zoning Code and the Rhode Island State

Building Code, chapter 27.3 of title 23, concerning properties which are not owned by the state,

upon enactment of the ordinance, that court shall have exclusive original jurisdiction of violations

of the above listed codes and standards as defined herein occurring within the city of Providence

or the town of North Providence, and the district court shall be without jurisdiction over those

actions and shall have the same powers as the district court in furtherance of this jurisdiction,

including, but not limited to, administering oaths, compelling the attendance of witnesses, and

punishing persons for contempt;

      (5) All suits and complaints for offenses against the bylaws, ordinances, and regulations

of cities and towns whether passed by the cities or towns or under the law by the properly

constituted authorities thereof;

      (6) All other actions, proceedings, and matters of whatever nature which are or shall be

declared to be within the jurisdiction of the court by the laws of the state.

      (b) The district court shall also have any special jurisdiction which is or may be

conferred by charter or law upon justices of the peace if no special court exists or is created by

charter or law for that purpose.

      (c) The district court shall have concurrent original jurisdiction with the superior court of

all civil actions at law wherein the amount in controversy exceeds the sum of five thousand

dollars ($5,000) and does not exceed ten thousand dollars ($10,000); provided, however, that in

any such action, any one or more defendants may in the answer to the complaint demand removal

of the action to the superior court, in which event the action shall proceed as if it had been filed

originally in the superior court.

      (d) The district court shall have special jurisdiction to grant relief as set forth under

section 15-15-4(b)(1).

     SECTION 2. Section 12-1-14 of the General Laws in Chapter 12-1 entitled

"Identification and Apprehension of Criminals" is hereby amended to read as follows:

     12-1-14. Body attachment -- Nonsupport of children. -- (a) Any body attachment

issued by the family court in a case involving the bureau of family support relating to the

nonsupport of children shall be entered into the state and police telecommunications system

known as the Rhode Island Law Enforcement Telecommunications System, "RILETS". The

family court shall be responsible for transmitting all body attachments and cancellations of them

to the attorney general's bureau of criminal identification for distributing the body attachment

information into RILETS. Within the body attachment, the information entered in RILETS shall

include date of birth and social security number when available. The family court shall be

responsible for transmitting information regarding all body attachments and cancellations to the

attorney general's bureau of criminal identification for entering the body attachment information

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into RILETS. The family court shall transmit the original body attachment to the attorney

general's bureau of criminal identification.

      (b) Any peace officer as defined in section 12-7-21 or any constable holding a license

granting full powers and authorized under §§ 45-16-4.3 and 45-16-4.4 by the chief justice of the

supreme court, the chief judge of the family court, the presiding justice of the superior court

and/or the chief judge of a housing court shall have the authority to execute a body attachment as

issued by the family court pursuant to section 8-10-3.1.

     SECTION 3. Section 12-6-7.1 of the General Laws in Chapter 12-6 entitled "Warrants

for Arrest" is hereby amended to read as follows:

     12-6-7.1. Service of arrest warrants. -- (a) Whenever any judge of any court shall issue

his or her warrant against any person for failure to appear or comply with a court order, or for

failure to make payment of a court ordered fine, civil assessment, or order of restitution, the judge

may direct the warrant to each and all deputy sheriffs, the warrant squad, or any peace officer as

defined in section 12-7-21, or any constable holding a license granting full powers and authorized

under §§ 45-16-4.3 and 45-16-4.4 by the chief justice of the supreme court, the chief judge of the

family court, the presiding justice of the superior court and/or the chief judge of a housing court

requiring them to apprehend the person and bring him or her before the court to be dealt with

according to law; and the officers shall obey and execute the warrant, and be protected from

obstruction and assault in executing the warrant as in service of other process. The person

apprehended shall, in addition to any other costs incurred by him or her, be ordered to pay a fee

for service of this warrant in the sum of one hundred twenty-five dollars ($125). Twenty-five

dollars ($25.00) of the above fee collected as a result of a warrant squad arrest shall be divided

among the local law enforcement agencies assigned to the warrant squad. Any person

apprehended on a warrant for failure to appear for a cost review hearing in the superior court may

be released upon posting with a justice of the peace the full amount due and owing in court costs

as described in the warrant or bail in another amount or form that will ensure the defendant's

appearance in the superior court at an ability to pay hearing, in addition to the one hundred

twenty-five dollars ($125) warrant assessment fee described above. Any person detained as a

result of the actions of the justice of the peace in acting upon the superior court cost warrant shall

be brought before the superior court at its next session. Such monies shall be delivered by the

justice of the peace to the court issuing the warrant on the next court business day.

      (b) Any person arrested pursuant to a warrant issued by a municipal court may be

presented to a judge of the district court, or a justice of the peace authorized to issue warrants

pursuant to section 12-10-2, for release on personal recognizance or bail when the municipal

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court is not in session. The provisions of this section shall apply only to criminal and not civil

cases pending before the courts.

      (c) Any person arrested pursuant to a warrant issued hereunder shall:

      (1) be immediately brought before the court;

      (2) if the court is not in session then the person shall be brought before the court at its

next session;

      (3) be afforded a review hearing on his/her ability to pay within forty-eight (48) hours;

and

      (4) if the court is not in session at the time of the arrest, a review hearing on his/her

ability to pay will be provided at the time for the first court appearance, as set forth in subsection

(c)(3) of this section.

     SECTION 4. Section 45-16-4.3 of the General Laws in Chapter 45-16 entitled "Sergeants

and Constables" is hereby amended to read as follows:

     45-16-4.3. Service of process by constables. -- The chief justice of the supreme court,

and the chief judge of the family and district courts, and the chief judge of a housing court created

pursuant to § 8-8-3(a)(4), upon application being made by a constable authorized or licensed to

serve civil process under this chapter, may authorize the constable to serve or execute any process

or writs issued by or returnable to the court including, but not limited to, executions running

against the body of a defendant. Upon being so authorized or licensed, the constable shall have

the power and authority to serve or execute all writs and process which may issue from the court

in like manner and at fees authorized to deputy sheriffs. Each constable shall at the time of

licensing or authorization give additional bond with the clerk of the district court in the sum of

five thousand dollars ($5,000) for the faithful performance of the duties of the office. Any

appointee serves at the pleasure of the appointing authority.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - CRIMINAL PROCEDURE -

IDENTIFICATION AND APPREHENSION OF CRIMINALS

***

     This act would allow a licensed constable the power to serve or execute certain arrest

warrants and body attachments, upon application and approval by either the chief justice of the

supreme court, the presiding justice of the superior court, the chief judge of the family and district

courts, and/or the chief judge of a housing court. This act would also expand the powers of the

housing courts in the city of Providence and town of North Providence to include, administering

oaths, compelling the attendance of witnesses, and punishing persons for contempt. The chief

judge of a housing court may authorize a constable to serve or execute any process or writs issued

or returnable to the court.

     This act would take effect upon passage.

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