2016 -- S 2613

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LC005107

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO TOWNS AND CITIES - GENERAL POWERS

     Introduced By: Senators Archambault, Lombardi, McCaffrey, Ruggerio, and Jabour

     Date Introduced: February 25, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 45-2 of the General Laws entitled "General Powers" is hereby

amended by adding thereto the following sections:

     45-2-65. Right to counsel. -- (a) If a city or town elects to prosecute a defendant with an

offense that is punishable by imprisonment in any court created under the authority of this title

and chapter, the court shall advise the defendant of their right to be represented by counsel and, if

the defendant is indigent, the court shall assign counsel to represent the defendant at every stage

of the proceeding. The right to council may be waived through a knowing, intelligent, and

voluntary waiver, in writing and duly executed on the record in open court.

     (b) No defendant may be ordered detained at the adult correctional institution for

violation of a court order entered as a result of an adjudication that is not punishable by

imprisonment in the first instance.

     45-2-66. Ability to pay hearings. -- In any court created under the authority of this title

and chapter, the procedures established in §§11-25-15 and 12-6-7.1(b) shall be followed when a

defendant is arrested and detained for failure to appear at an ability to pay hearing, whether

detained at the adult correctional facility or at a police station.

     SECTION 2. Section 45-6-2 of the General Laws in Chapter 45-6 entitled "Ordinances"

is hereby amended to read as follows:

     45-6-2. Imposition of penalties for ordinance violations. -- Town and city councils

may impose penalties for the violation of ordinances and regulations, not exceeding in amount

five hundred dollars ($500) or imprisonment not exceeding thirty (30) days in some jail or house

of correction, and/or require restitution in cases involving property damage or personal injury in

an amount up to twenty-five hundred dollars ($2,500) and/or for voluntary require community

restitution for a town or city agency not-for-profit entity for not more than ten (10) days fifty (50)

hours for any one offense, unless other penalties or penalties within other limits are specially

prescribed by statute, to be prosecuted by some officer appointed for that purpose, and to be

recovered to the use of the town or city, or of the person or persons, and in the proportions, that

the councils in their ordinances and regulations designate.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES - GENERAL POWERS

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     This act would require that cities and towns comply with certain procedures when

prosecuting defendants such as the right to counsel, and would amend the penalties imposed for

ordinance violations.

     This act would take effect upon passage.

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