Chapter 311

2010 -- H 7347 AS AMENDED

Enacted 06/25/10

 

A N A C T

RELATING TO CRIMINAL PROCEDURE -- SENTENCE AND EXECUTION

          

     Introduced By: Representatives Segal, Carnevale, D Caprio, Slater, and Gemma

     Date Introduced: February 03, 2010

  

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 12-19-18 of the General Laws in Chapter 12-19 entitled "Sentence

and Execution" is hereby amended to read as follows:

 

     12-19-18. Termination of imprisonment on deferred sentence on failure of grand

jury to indict Termination of imprisonment on deferred sentence on failure of grand jury to

indict – Determinations of insufficient evidence lack of probable cause or exercise of

prosecutional discretion. -- (a) Whenever any person has been sentenced to imprisonment for

violation of a deferred sentence by reason of the alleged commission of a felony and the grand

jury has failed to return any indictment or an information has not been filed on the charge which

was specifically alleged to have constituted the violation of the deferred sentence the sentence to

imprisonment for the alleged violation of the deferred sentence shall, on motion made to the court

on behalf of the person so sentenced, be quashed, and imprisonment shall be immediately

terminated, and the deferred sentence shall have same force and effect as if no sentence to

imprisonment had been imposed.

     (b) Whenever any person, after an evidentiary hearing, has been sentenced to

imprisonment for violation of a suspended sentence or probationary period by reason of the

alleged commission of a felony or misdemeanor said sentence of imprisonment shall, on a motion

made to the court on behalf of the person so sentenced, be quashed, and imprisonment shall be

terminated when any of the following occur on the charge which was specifically alleged to have

constituted the violation:

     (1) After trial person is found "not guilty" or a motion for judgment of acquittal or to

dismiss is made and granted pursuant to Superior or District Court Rule of Criminal Procedure

29;

     (2) After hearing evidence, a "no true bill" is returned by the grand jury;

     (3) After consideration by an assistant or special assistant designated by the attorney

general, a "no information" based upon a lack of probable cause is returned;

     (4) A motion to dismiss is made and granted pursuant to the Rhode Island general laws

Sec. 12-12-1.7 and/or Superior Court Rule of Criminal Procedure 9.1; or

     (5) The charge fails to proceed in District or Superior Court under circumstances where

the state is indicating a lack of probable cause, or circumstances where the state or its agents

believe there is doubt about the culpability of the accused.

     (c) This section shall apply to all individuals sentenced to imprisonment for violation of a

suspended sentence or probationary period by reason of the alleged commission of a felony or

misdemeanor and shall not alter the ability of the court to revoke a suspended sentence or

probationary period for an allegation of conduct that does not rise to the level of criminal

conduct.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01008

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