2017 -- S 0180

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LC000962

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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 CRIMINAL PROCEDURE -- BAIL HEARINGS

     Introduced By: Senators Archambault, Conley, Lombardi, McCaffrey, and Raptakis

     Date Introduced: February 01, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 12-13 of the General Laws entitled "Bail and Recognizance" is

hereby amended by adding thereto the following section:

     12-13-26. Time limits for bail hearings.

     (a) Whenever any person has been charged with an offense punishable by imprisonment

for life, or an offense involving the use or threat of use of a dangerous weapon by one already

convicted on such an offense or already convicted of an offense punishable by imprisonment for

life, or an offense involving the unlawful sale, distribution, manufacturer, delivery, or possession

with intent to manufacture, sell, distribute or deliver any controlled substance or an offense of

possession of a controlled substance punishable by imprisonment for ten (10) years or more, and

the state objects to bail, then the person shall be entitled to an evidentiary hearing to determine if

the person may be admitted to bail or continue to be held without bail.

     (b) The bail hearing shall occur no later than four (4) calendar days after the person's

initial appearance before the court on the charge.

     (c) In the event the bail hearing does not occur within four (4) calendar days, the person

shall be released upon their own recognizance or with sufficient surety or sureties as determined

by the court.

     (d) The time limit for the hearing may be waived by the person so charged, after they

have been informed by the court of their rights pursuant to this section.

     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 -- BAIL HEARINGS

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     This act would entitle criminal defendants charged with enumerated serious criminal

offenses to a bail hearing within four (4) calendar days of their initial court appearance. If a

timely hearing is not held then the defendant would be released on personal recognizance with

sufficient surety.

     This act would take effect upon passage.

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