| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2025 -- H 5501 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC001067 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE |
|---|
| 16 | 16 | | Introduced By: Representatives Felix, Craven, McEntee, Batista, Cruz, Ajello, Morales, |
|---|
| 17 | 17 | | Potter, Alzate, and J. Lombardi |
|---|
| 18 | 18 | | Date Introduced: February 13, 2025 |
|---|
| 19 | 19 | | Referred To: House Judiciary |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Section 12-13-1 of the General Laws in Chapter 12-13 entitled "Bail and 1 |
|---|
| 24 | 24 | | Recognizance" is hereby amended to read as follows: 2 |
|---|
| 25 | 25 | | 12-13-1. Right to release pending trial on giving of recognizance. 3 |
|---|
| 26 | 26 | | (a) Felony cases. Every person who is held on any criminal process to answer to any 4 |
|---|
| 27 | 27 | | indictment, information, or complaint against him or her shall be released upon giving recognizance 5 |
|---|
| 28 | 28 | | with sufficient surety or sureties before a justice of the supreme or superior court or before a justice 6 |
|---|
| 29 | 29 | | of the district court, when the complaint is pending in that court or the person is held to answer to 7 |
|---|
| 30 | 30 | | that court, in the sum named in the process, if any has been named in it, and if none is named, then 8 |
|---|
| 31 | 31 | | in any sum that the justice shall deem reasonable, to appear before the court where the indictment, 9 |
|---|
| 32 | 32 | | information, or complaint is pending against him or her, or to which he or she may be bound over 10 |
|---|
| 33 | 33 | | to appear, to answer to the indictment, information, or complaint, and to answer to it whenever 11 |
|---|
| 34 | 34 | | called upon so to do, and abide the final order of the court, and in the meantime keep the peace and 12 |
|---|
| 35 | 35 | | be of good behavior. Any justice may take the recognizance in any place within the state, and the 13 |
|---|
| 36 | 36 | | recognizance shall be returned to the court to which the accused has recognized to appear. 14 |
|---|
| 37 | 37 | | (b) Misdemeanor cases. 15 |
|---|
| 38 | 38 | | (1) Every person who is subject to any misdemeanor criminal process shall be released 16 |
|---|
| 39 | 39 | | without bail but on their own recognizance and an order to abide by any conditions set by the court. 17 |
|---|
| 40 | 40 | | (2) Release on non-monetary conditions shall be applied to assure the presence of the 18 |
|---|
| 41 | 41 | | accused in court as required and to protect the safety of the community. 19 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | LC001067 - Page 2 of 3 |
|---|
| 45 | 45 | | (c) In every case, the setting of bail and conditions shall be subject to § 12-13-1.3(e). 1 |
|---|
| 46 | 46 | | SECTION 2. This act shall take effect upon passage. 2 |
|---|
| 47 | 47 | | ======== |
|---|
| 48 | 48 | | LC001067 |
|---|
| 49 | 49 | | ======== |
|---|
| 50 | 50 | | |
|---|
| 51 | 51 | | |
|---|
| 52 | 52 | | LC001067 - Page 3 of 3 |
|---|
| 53 | 53 | | EXPLANATION |
|---|
| 54 | 54 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 55 | 55 | | OF |
|---|
| 56 | 56 | | A N A C T |
|---|
| 57 | 57 | | RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE |
|---|
| 58 | 58 | | *** |
|---|
| 59 | 59 | | This act would prohibit the courts from setting cash or surety bail on any misdemeanor 1 |
|---|
| 60 | 60 | | offense but would permit the court to set reasonable non-monetary conditions of bail to assure the 2 |
|---|
| 61 | 61 | | defendant’s presence in court as required and to protect the community. 3 |
|---|
| 62 | 62 | | This act would take effect upon passage. 4 |
|---|
| 63 | 63 | | ======== |
|---|
| 64 | 64 | | LC001067 |
|---|
| 65 | 65 | | ======== |
|---|