2022 -- H 7141

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LC003402

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - PROBATION AND PAROLE SUPPORT

     Introduced By: Representatives Knight, Speakman, Craven, Caldwell, Batista, McEntee,
Shanley, Kislak, Cassar, and Felix

     Date Introduced: January 20, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-18.1-3 of the General Laws in Chapter 12-18.1 entitled "Probation

and Parole Support Act" is hereby repealed.

     12-18.1-3. Court costs.

     (a) The court shall assess as court costs, in addition to those otherwise provided by law,

against all defendants charged with a felony, misdemeanor, or petty misdemeanor, and who plead

nolo contendere or guilty or who are found guilty of the commission of those crimes, as follows:

     (1) Where the offense charged is a felony and carries a maximum penalty of five (5) or

more years imprisonment, three hundred dollars ($300) or ten percent (10%) of any fine imposed

on the defendant by the court, whichever is greater;

     (2) Where the offense charged is a felony and carries a maximum penalty of less than five

(5) years imprisonment, one hundred eighty dollars ($180) or ten percent (10%) of any fine imposed

on the defendant by the court, whichever is greater; and

     (3) Where the offense charged is a misdemeanor, sixty dollars ($60.00) or ten percent

(10%) of any fine imposed on the defendant by the court, whichever is greater.

     (b) These costs shall be assessed whether or not the defendant is sentenced to prison and

in no case shall they be remitted by the court.

     (c) When there are multiple counts or multiple charges to be disposed of simultaneously,

the judge shall have the authority to suspend the obligation of the defendant to pay on all counts or

charges above two (2).

     (d) If the court determines that the defendant does not have the ability to pay the costs as

set forth in this section, the judge may by specific order mitigate the costs in accordance with the

court's determination of the ability of the offender to pay the costs.

     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 - PROBATION AND PAROLE SUPPORT

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     This act would repeal court costs against all defendants who plead nolo contendere, guilty

or are found guilty of certain crimes.

     This act would take effect upon passage.

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LC003402

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