2017 -- S 0071 SUBSTITUTE A

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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: Senators Archambault, Lombardi, McCaffrey, Jabour, and Conley

     Date Introduced: January 18, 2017

     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 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

counsel 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 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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