2023 -- H 5297

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LC000483

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- INDICTMENTS, INFORMATIONS AND

COMPLAINTS

     

     Introduced By: Representatives Place, Rea, and Nardone

     Date Introduced: February 01, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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indicate that prosecution in this state is warranted.

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     SECTION 2. This act shall take effect upon passage.

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LC000483

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- INDICTMENTS, INFORMATIONS AND

COMPLAINTS

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

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

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

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prosecution in this state.

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     This act would take effect upon passage.

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LC000483

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