2017 -- H 5187

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LC000374

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

     

     Introduced By: Representatives Maldonado, Keable, Barros, Blazejewski, and
McKiernan

     Date Introduced: January 25, 2017

     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.

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     (a) If a city or town elects to prosecute a defendant with an offense that is punishable by

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imprisonment in any court created under the authority of this chapter, the court shall advise the

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defendant of their right to be represented by counsel and, if the defendant is indigent, the court

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shall assign counsel to represent the defendant at every stage of the proceeding. The right to

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council may be waived through a knowing, intelligent, and voluntary waiver, in writing and duly

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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.

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     In any court created under the authority of this chapter, the procedures established in

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ยงยง11-25-15 and 12-6-7.1(b) shall be followed when a defendant is arrested and detained for

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failure to appear at an ability to pay hearing, whether detained at the adult correctional facility or

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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.

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     Town and city councils may impose penalties for the violation of ordinances and

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regulations, not exceeding in amount five hundred dollars ($500) or imprisonment not exceeding

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thirty (30) days in some jail or house of correction, and/or require restitution in cases involving

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property damage or personal injury in an amount up to twenty-five hundred dollars ($2,500)

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and/or for voluntary require community restitution for a town or city agency not-for-profit entity

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for not more than ten (10) days fifty (50) hours for any one offense, unless other penalties or

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penalties within other limits are specially prescribed by statute, to be prosecuted by some officer

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appointed for that purpose, and to be recovered to the use of the town or city, or of the person or

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persons, and in the proportions, that 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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