Chapter 077
2017 -- H 5187 AS AMENDED
Enacted 06/29/2017

A N   A C T
RELATING TO TOWNS AND CITIES -- GENERAL POWERS

Introduced By: Representatives Maldonado, Keable, Barros, Blazejewski, and
Date Introduced: January 25, 2017

It is enacted by the General Assembly as follows:
     SECTION 1. Chapter 45-2 of the General Laws entitled "General Powers" is hereby
amended by adding thereto the following sections:
     45-2-65. Right to counsel.
     (a) If a city or town elects to prosecute a defendant with an offense that is punishable by
imprisonment in any court created under the authority of this chapter, the court shall advise the
defendant of their his or her right to be represented by counsel and, if the defendant is indigent,
the court shall assign counsel to represent the defendant at every stage of the proceeding. The
right to counsel may be waived through a knowing, intelligent, and voluntary waiver, in writing
and duly executed on the record in open court.
     (b) No defendant may be ordered detained at the adult correctional institution for
violation of a court order entered as a result of an adjudication that is not punishable by
imprisonment in the first instance.
     45-2-66. Ability to pay hearings.
     In any court created under the authority of this chapter, the procedures established in
ยงยง11-25-15 and 12-6-7.1(b) shall be followed when a defendant is arrested and detained for
failure to appear at an ability to pay hearing, whether detained at the adult correctional facility or
at a police station.
     SECTION 2. Section 45-6-2 of the General Laws in Chapter 45-6 entitled "Ordinances"
is hereby amended to read as follows:
     45-6-2. Imposition of penalties for ordinance violations.
     Town and city councils may impose penalties for the violation of ordinances and
regulations, not exceeding in amount five hundred dollars ($500) or imprisonment not exceeding
thirty (30) days in some jail or house of correction, and/or require restitution in cases involving
property damage or personal injury in an amount up to twenty-five hundred dollars ($2,500)
and/or for voluntary require community restitution for a town or city agency not-for-profit entity
for not more than ten (10) days fifty (50) hours for any one offense, unless other penalties or
penalties within other limits are specially prescribed by statute, to be prosecuted by some officer
appointed for that purpose, and to be recovered to the use of the town or city, or of the person or
persons, and in the proportions, that the councils in their ordinances and regulations designate.
     SECTION 3. This act shall take effect upon passage.
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LC000374
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