Chapter 122
2003 -- H 5342 SUBSTITUTE A AS AMENDED
Enacted 07/10/03
A N A C T
RELATING
TO CRIMINAL PROCEDURE -- WARRANTS FOR ARREST
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
day.
(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.
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LC01018/SUB
A
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