2015 -- S 0527

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LC001901

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - JURISDICTION AND VENUE OF OFFENSES

     Introduced By: Senators Archambault, and Lombardi

     Date Introduced: February 26, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-3-4 of the General Laws in Chapter 12-3 entitled "Jurisdiction

and Venue of Offenses" is hereby amended to read as follows:

     12-3-4. Venue of offenses. -- (a) Every indictment or information for offenses committed

on the waters of Narragansett Bay may be tried in any county in the discretion of the attorney

general, unless otherwise ordered by the presiding justice.

      (b) For the purpose of prosecuting and punishing criminal offenses over which the

superior court has jurisdiction, the state of Rhode Island is declared to be a single district. The

offenses shall be prosecuted and punished at the following locations unless otherwise ordered by

the presiding justice:

      (1) For offenses committed in a city or town within Providence or Bristol counties, at the

superior court in Providence;

      (2) For offenses committed in the city of Warwick or a town within Kent county, at the

superior court in Warwick;

      (3) For offenses committed in a town within Washington county, at the superior court in

South Kingstown; and

      (4) For offenses committed in the city of Newport or a town within Newport county, at

the superior court in Newport.

      (c) For the purpose of prosecuting and punishing criminal offenses over which the

district court has jurisdiction, the offenses shall be prosecuted and punished at the following

locations unless otherwise ordered to be moved within the same county by the chief judge

pursuant to this section or unless otherwise agreed to by the parties and the court: (1) for the

offenses committed in a town within the first division, at the district court located within Bristol

county; (2) for offenses committed in the city of Newport or a town within the second division, at

the district court located within Newport county; (3) (2) for offenses committed in the cities of

Warwick or Cranston or a town within the third division, at the district court within the third

division; (4) (3) for offenses committed in a town within the fourth division, at the district court

located within Washington county; (5) for offenses committed in a city or town within the fifth

division, at the district court located within the fifth division; and (6) (4) for offenses committed

in a city within the sixth division, at the district court in Providence. The chief judge may order

any criminal case or proceeding to be transferred to another division of the court within the same

county. For purposes of this section, the first division shall be considered to be a part of

Providence county.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE - JURISDICTION AND VENUE OF OFFENSES

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     This act would repeal the provisions placing jurisdiction of criminal offenses that occur

on the waters of Narragansett Bay in the First and Fifth divisions of the district court. It would

also permit the Chief Judge of the District Court to transfer any case within the jurisdiction of the

District court, to any division of the court.

     This act would take effect upon passage.

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