2019 -- H 5173

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LC000799

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE

     

     Introduced By: Representatives Lombardi, Craven, Millea, McKiernan, and McEntee

     Date Introduced: January 23, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-12-1.7 of the General Laws in Chapter 12-12 entitled

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"Indictments, Informations and Complaints" is hereby amended to read as follows:

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     12-12-1.7. Motion to dismiss information Motion to dismiss information or

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complaints.

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     Within thirty (30) days after a defendant is served with a copy of an information charging

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him or her with an offense in the superior court or charging him or her with an offense by way of

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complaint in district court, he or she may move in the superior court to dismiss the information or

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complaint on the ground that the information or complaint and exhibits appended to it do not

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demonstrate the existence of probable cause to believe that the offense charged has been

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committed or that the defendant committed it. Upon the filing of the motion to dismiss the court

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shall schedule a hearing to be held within a reasonable time.

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     SECTION 2. This act shall take effect upon passage.

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LC000799

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE

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     This act would permit defendants to file motions to dismiss in district court based on lack

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of probable cause.

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     This act would take effect upon passage.

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LC000799

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