2016 -- H 7892

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LC005336

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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: Representatives Maldonado, Barros, Abney, McKiernan, and

     Date Introduced: March 09, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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amended by adding thereto the following sections:

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

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

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

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

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

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

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

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

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imprisonment in the first instance.

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

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and chapter, the procedures established in ยงยง11-25-15 and 12-6-7.1(b) shall be followed when a

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

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

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

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is hereby amended to read as follows:

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

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

 

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

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

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

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

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

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

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

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the councils in their ordinances and regulations designate.

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     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

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

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ordinance violations.

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     This act would take effect upon passage.

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