2023 -- S 0356
========
LC001510
========
S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE
Introduced By: Senators DeLuca, de la Cruz, Paolino, E Morgan, and Gallo
Date Introduced: February 16, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Section 12-13-5.1 of the General Laws in Chapter 12-13 entitled "Bail and 1
Recognizance" is hereby amended to read as follows: 2
12-13-5.1. Presumption of danger to the community. 3
(a) Whenever a person is charged with, or indicted or informed against, for an offense 4
involving the unlawful sale, distribution, manufacture, delivery, or possession with intent to 5
manufacture, sell, distribute, or deliver any controlled substance, or by possession of any controlled 6
substance punishable by imprisonment for ten (10) years or more, and the state objects to the setting 7
of bail pursuant to the R.I. Const., Art. I, Sec. IX, if the court determines that the proof of guilt is 8
evident or the presumption great, then it shall be presumed that the person is a danger to the safety 9
of the community unless that presumption is rebutted by the defendant. 10
(b) Whenever a person is charged with the possession of a firearm with alteration of 11
identification marks in violation of ยง 11-47-24, there shall be a rebuttable presumption that the 12
person is a danger to the safety of the community. 13
SECTION 2. This act shall take effect upon passage. 14
========
LC001510
========
LC001510 - Page 2 of 2
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANC E
***
This act would require that whenever a person is charged with possession of a firearm with 1
alteration of identification marks, the alteration would create a rebuttable presumption that the 2
person is a danger to the safety of the community. 3
This act would take effect upon passage. 4
========
LC001510
========