2009 -- H 5040 SUBSTITUTE A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO CRIMINAL PROCEDURE - - SENTENCE AND EXECUTION

     Introduced By: Representatives Segal, A Rice, JP O`Neill, Ajello, and Schadone

     Date Introduced: January 08, 2009

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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

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and Execution" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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imprisonment had been imposed.

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

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

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

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

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

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constituted the violation:

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

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

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29;

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

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

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

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

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

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

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

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believe there is doubt about the capability of the accused.

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

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

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

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

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conduct.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE - - SENTENCE AND EXECUTION

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     This act would require termination of imprisonment on a deferred sentence when the

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grand jury fails to return an indictment and termination of imprisonment for violation of a

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suspended sentence or probationary period if after trial the person is found not guilty a no true bill

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is returned by grand jury or a no information by the attorney general or a motion to dismiss or for

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lack of probable cause.

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     This act would take effect upon passage.

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LC00242/SUB A/2

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