Chapter 122

Chapter 122


Enacted 07/10/03







     Introduced By: Representatives Flaherty, Schadone, Anguilla, and Wasylyk

     Date Introduced: January 30, 2003




It is enacted by the General Assembly as follows:


     SECTION 1. Section 12-6-7.1 of the General Laws in Chapter 12-6 entitled "Warrants

for Arrest" is hereby amended to read as follows:

     12-6-7.1. Service of arrest warrants. -- (a) Whenever any judge of any court shall issue

his or her warrant against any person for failure to appear or comply with a court order, or for

failure to make payment of a court ordered fine, civil assessment, or order of restitution, the judge

may direct the warrant to each and all sheriffs and deputy sheriffs, the warrant squad, or any

peace officer as defined in section 12-7-21, requiring them to apprehend the person and bring him

or her before the court to be dealt with according to law; and the officers shall obey and execute

the warrant, and be protected from obstruction and assault in executing the warrant as in service

of other process. The person apprehended shall, in addition to any other costs incurred by him or

her, be ordered to pay a fee for service of this warrant in the sum of one hundred twenty-five

dollars ($125). Twenty-five dollars ($25.00) of the above fee collected as a result of a warrant

squad arrest shall be divided among the local law enforcement agencies assigned to the warrant

squad. Any person apprehended on a warrant for failure to appear for a cost review hearing in the

superior court may be released upon posting with a justice of the peace the full amount due and

owing in court costs as described in the warrant or bail in an other amount or form that will

ensure the defendant's appearance in the superior court at an ability to pay hearing, in addition to

the one hundred twenty-five dollars ($125) warrant assessment fee described above. Any person

detained as a result of the actions of the justice of the peace in acting upon the superior court cost

warrant shall be brought before the superior court at its next session. Such monies shall be

delivered by the justice of the peace to the court issuing the warrant on the next court business


      (b) Any person arrested pursuant to a warrant issued by a municipal court may be

presented to a judge of the district court, or a justice of the peace authorized to issue warrants

pursuant to section 12-10-2, for release on personal recognizance or bail when the municipal

court is not in session. The provisions of this section shall apply only to criminal and not civil

cases pending before the courts.

     SECTION 2. This act shall take effect upon passage.



LC01018/SUB A