2020 -- H 7326

========

LC003929

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

____________

A N   A C T

RELATING CRIMINAL PROCEDURE -- INDICTMENTS, INFORMATIONS AND

COMPLAINTS

     

     Introduced By: Representatives Place, Nardone, Lyle, Chippendale, and Knight

     Date Introduced: January 29, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Chapter 12-12 of the General Laws entitled "Indictments, Informations and

2

Complaints" is hereby amended by adding thereto the following section:

3

     12-12-23. Acquittal in another jurisdiction as bar to prosecution.

4

     If a violation of any criminal law is a violation of a federal law or the law of another

5

state, an acquittal under federal law or the law of another state for the same set of facts or acts is a

6

bar to prosecution in this state, unless there exists newly discovered evidence which would

7

substantially indicate that prosecution in this state is warranted.

8

     SECTION 2. This act shall take effect upon passage.

========

LC003929

========

 

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING CRIMINAL PROCEDURE -- INDICTMENTS, INFORMATIONS AND

COMPLAINTS

***

1

     This act would prohibit prosecutions for violations of criminal laws in this state if the

2

violation arises from the same set of facts or acts for which a defendant has been acquitted in

3

federal court or another jurisdiction, unless there exists newly discovered evidence substantially

4

warranting prosecution in this state.

5

     This act would take effect upon passage.

========

LC003929

========

 

LC003929 - Page 2 of 2