Senate Bill #71 (2017)
AN ACT RELATING TO TOWNS AND CITIES - GENERAL POWERS
Requires that cities and towns comply with certain procedures when prosecuting defendants such as the right to counsel, and would amend the penalties imposed for ordinance violations.
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2017-01-18: Introduced, referred to Senate Judiciary
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2017-02-03: Scheduled for hearing and/or consideration (02/07/2017)
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2017-02-07: Committee recommended measure be held for further study
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2017-06-16: Scheduled for consideration
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2017-06-16: Scheduled for consideration (06/20/2017)
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2017-06-20: Committee recommends passage of Sub A
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2017-06-20: Placed on Senate Calendar (06/22/2017)
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2017-06-22: Senate passed Sub A
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2017-06-24: Placed on the House Consent Calendar (06/27/2017)
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2017-06-27: House passed Sub A in concurrence
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2017-06-28: Transmitted to Governor
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2017-06-29: Signed by Governor
Changes since original draft
2017 – S 0071- 2017 – S 0071 SUBSTITUTE A
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LC000444- LC000444/SUB A
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- S T A T E O F R H O D E I S L A N D
- IN GENERAL ASSEMBLY
- JANUARY SESSION, A.D. 2017
- ____________
- A N A C T
- RELATING TO TOWNS AND CITIES - GENERAL POWERS
- Introduced By: Senators Archambault, Lombardi, McCaffrey, Jabour, and Conley
- Date Introduced: January 18, 2017
- Referred To: Senate Judiciary
- 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 title and chapter, the court shall advise the defendant of their 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 council may be waived through a knowing, intelligent, and voluntary waiver, in writing and duly executed on the record in open court.- (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 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 title and chapter, the procedures established in §§11-25-15 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.- In any court created under the authority of this chapter, the procedures established in §§11-25-15 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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LC000444- LC000444/SUB A
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- EXPLANATION
- BY THE LEGISLATIVE COUNCIL
- OF
- A N A C T
- RELATING TO TOWNS AND CITIES - GENERAL POWERS
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- This act would require that cities and towns comply with certain procedures when prosecuting defendants such as the right to counsel, and would amend the penalties imposed for ordinance violations.
This act would take effect upon passage. ======== LC000444 ========- This act would take effect upon passage. ======== LC000444/SUB A ========
Votes
NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the
House or Senate Journal from the day of the vote.
June 22, 2017 at 5:22pm
Yeas: 34 /
Nays: 0 /
Not voting: 3 /
Recused: 0
Floor vote for PASSAGE
IN CONCURRENCE
June 27, 2017 at 5:40pm
Yeas: 70 /
Nays: 0 /
Not voting: 5 /
Recused: 0