2023 -- H 5310

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LC000476

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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J O I N T   R E S O L U T I O N

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENT TO THE CONSTITUTION -- JURY NULLIFICATION AS PROPER TRIAL

DEFENSE ARGUMENT

     Introduced By: Representatives Place, Rea, and Nardone

     Date Introduced: February 01, 2023

     Referred To: House State Government & Elections

     RESOLVED, That a majority of all members elected to each house of the general

assembly voting therefor, the following amendment to the Constitution of the state be proposed to

the qualified electors of the state in accordance with the provisions of Article XIV of the

Constitution for their approval and that it adds an additional section to Article I, which is hereby

amended, effective January 1, 2025, to read as follows:

     SECTION 25. Jury Nullification as Proper Criminal Trial Defense Argument.

     A criminal defendant shall, as a matter of right, have the right to argue that the jury,

during its deliberations, should take into consideration, not just the law, but the facts, the nature

of the charge and whether the law, which the defendant has been charged with violating, is

morally repugnant, outdated or unfair to the citizenry, and those accused of violating the law, or

that the subject criminal law charged is unconstitutional.

     RESOLVED, That the said proposition of amendment shall be submitted to the electors

for their approval or rejection at the next statewide general election. The voting places in the

several cities and towns shall be kept open during the hours required by law for voting therein for

general officers of the state; and be it further

     RESOLVED, That the Secretary of State shall cause the said proposition of amendment

to be published as a part of the resolution in the newspapers of the state prior to the date of the

said meetings of the said electors; and the said proposition shall be inserted in the warrants or

notices to be issued previous to said meetings of the electors for the purpose of warning the town,

ward, or district meetings, and said proposition shall be read by the town, ward, or district

meetings to be held as aforesaid; and be it further

     RESOLVED, That the town, ward, and district meetings to be held as aforesaid shall be

warned, and the list of voters shall be canvassed and made up, and the said town, ward, and

district meetings shall be conducted in the same manner as now provided by law for the town,

ward, and district meetings for the elections of general officers of the state.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

J O I N T   R E S O L U T I O N

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENT TO THE CONSTITUTION -- JURY NULLIFICATION AS PROPER TRIAL

DEFENSE ARGUMENT

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     This joint resolution would propose to the voters a constitutional amendment which

would allow a criminal defendant to argue jury nullification as a defense.

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LC000476

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