2020 -- H 7093

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LC003002

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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 -- BAIL AND RECOGNIZANCE

     Introduced By: Representatives Knight, Williams, Ranglin-Vassell, Alzate, and Cassar

     Date Introduced: January 10, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-13-5.1 of the General Laws in Chapter 12-13 entitled "Bail and

Recognizance" is hereby repealed.

     12-13-5.1. Presumption of danger to the community.

     Whenever a person is charged with, or indicted or informed against, for an offense

involving the unlawful sale, distribution, manufacture, delivery, or possession with intent to

manufacture, sell, distribute, or deliver any controlled substance, or by possession of any

controlled substance punishable by imprisonment for ten (10) years or more, and the state objects

to the setting of bail pursuant to the R.I. Const., Art. I, Sec. IX, if the court determines that the

proof of guilt is evident or the presumption great, then it shall be presumed that the person is a

danger to the safety of the community unless that presumption is rebutted by the defendant.

     SECTION 2. This act shall take effect upon passage.

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LC003002

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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 repeal § 12-13-5.1 which permits the state to draw an inference that a

person charged with delivery of a controlled substance is a danger to the community.

     This act would take effect upon passage.

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LC003002

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