2023 -- S 0653 SUBSTITUTE A AS AMENDED

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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 -- BAIL AND RECOGNIZANCE

     

     Introduced By: Senators LaMountain, Burke, McKenney, Acosta, Mack, and Euer

     Date Introduced: March 07, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-13-10 of the General Laws in Chapter 12-13 entitled "Bail and

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Recognizance" is hereby amended to read as follows:

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     12-13-10. Deposit of money in lieu of bail.

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     Any person who is held in custody or committed upon a criminal charge, if entitled to be

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released on bail, may at any time, instead of giving surety or sureties, in the discretion of the court,

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give before the court in which he or she is held to appear his or her personal recognizance to appear

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and do as ordered by the court, and shall be allowed to deposit, either individually or by another on

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his or her behalf, with the court in money ten percent (10%) of the amount of bail which he or she

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is ordered to furnish, and the justice or clerk of the court shall give him or her a certificate, and

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upon delivery of the certificate to the officer in whose custody he or she is shall be released from

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custody, and the money shall be deposited in the registry of the court before which the person shall

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be recognized to appear. Consistent with Article 1, § 9 of the Rhode Island Constitution, the giving

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of surety, or in the alternative the deposit with the court of ten percent (10%) of the amount of bail

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set, shall be the sole monetary conditions of the release on bail, except as set forth herein. No court

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shall require the deposit of cash as the sole monetary condition of the release on bail, except in

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those cases where the defendant owes court-imposed restitution. Upon the default of the defendant,

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the court before which he or she is recognized to appear may, at any time thereafter, order the

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money deposited in the registry of the court be forfeited, subject to the provisions of §§ 12-13-16,

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12-13-16.1 and 12-13-16.2, and the money shall be paid to the general treasurer. If money has been

 

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deposited and the defendant at any time before forfeiture shall appear before the court to which he

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or she was recognized to appear, and shall surrender himself or herself, or shall recognize before

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the court with sufficient surety or sureties, in such an amount, to appear and do as the court may

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order, or be in any manner legally discharged, then the court shall order the return of the deposit to

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the defendant. If the money remains on deposit at the time of a judgment ordering the payment of

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restitution or any assessment made pursuant to § 12-25-28 that has not been waived by the court

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for the payment of a fine and costs, restitution, or any other assessment issued by the court, the

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clerk must apply the money in satisfaction of the judgment judgement’s restitution order , or

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assessment and after satisfying the order or assessment fine and costs, restitution, or any other

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assessment must refund the money surplus, if any, to the defendant or to the individual who posted

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the money on behalf of the defendant, as the case may be.

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     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 -- BAIL AND RECOGNIZANCE

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     This act would require the clerk of the court to first apply bail money to an order of

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restitution and then return any remaining bail money posted by the defendant or the person who

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provided the bail money.

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     This act would take effect upon passage.

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