2020 -- H 7089

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LC002998

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

     RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

     Introduced By: Representatives Knight, Filippi, Blazejewski, McEntee, and Craven

     Date Introduced: January 10, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-19-18 of the General Laws in Chapter 12-19 entitled "Sentence

and Execution" is hereby amended to read as follows:

     12-19-18. Termination of imprisonment on deferred sentence on failure of grand

jury to indict -- Determinations of insufficient evidence lack of probable cause or exercise of

prosecutorial discretion.

     (a) Whenever any person has been sentenced to imprisonment for violation of a deferred

sentence by reason of the alleged commission of a felony and the grand jury has failed to return

any indictment or an information has not been filed on the charge which was specifically alleged

to have constituted the violation of the deferred sentence, the sentence to imprisonment for the

alleged violation of the deferred sentence shall, on motion made to the court on behalf of the

person so sentenced, be quashed, and imprisonment shall be immediately terminated, and the

deferred sentence shall have same force and effect as if no sentence to imprisonment had been

imposed.

     (b) Whenever any person, after an evidentiary hearing, has been sentenced to

imprisonment for violation of a suspended sentence or probationary period by reason of the

alleged commission of a felony or misdemeanor said sentence of imprisonment shall, on a motion

made to the court on behalf of the person so sentenced, be quashed, and imprisonment shall be

terminated when any of the following occur on the charge which was specifically alleged to have

constituted the violation:

     (1) After trial person is found "not guilty" or a motion for judgment of acquittal or to

dismiss is made and granted pursuant to Superior or District Court Rule of Criminal Procedure

29;

     (2) After hearing evidence, a "no true bill" is returned by the grand jury;

     (3) After consideration by an assistant or special assistant designated by the attorney

general, a "no information" based upon a lack of probable cause is returned;

     (4) A motion to dismiss is made and granted pursuant to the Rhode Island general laws §

12-12-1.7 and/or Superior Court Rule of Criminal Procedure 9.1; or

     (5) The charge fails to proceed in District or Superior Court under circumstances where

the state is indicating a lack of probable cause, or circumstances where the state or its agents

believe there is doubt about the culpability of the accused; or

     (6) After consideration by an assistant or special assistant designated by the attorney

general, the state or arresting police department, in their discretion, dismisses the charge(s).

     (c) This section shall apply to all individuals sentenced to imprisonment for violation of a

suspended sentence or probationary period by reason of the alleged commission of a felony or

misdemeanor and shall not alter the ability of the court to revoke a suspended sentence or

probationary period for an allegation of conduct that does not rise to the level of criminal

conduct.

     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 -- SENTENCE AND EXECUTION

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     This act would require termination of imprisonment on a deferred sentence when, after

consideration by an assistant or special assistant designated by the attorney general, the state or

arresting police department, in their discretion, dismisses the charge(s).

     This act would take effect upon passage.

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