The bill amends Section 12-10-2 of the General Laws in Chapter 12-10, which pertains to "Preliminary Proceedings in District Courts," specifically addressing the powers of justices of the peace in Rhode Island. The bill outlines the authority of justices of the peace appointed by the chief judge of the district court to set and take bail for bailable offenses (excluding those punishable by life imprisonment), issue warrants and complaints returnable to the district court, and commit individuals to adult correctional institutions in default of bail. It also specifies that justices of the peace cannot issue search warrants but can set bail, commit individuals, and issue warrants (except search warrants) in any division where the defendant is held by various law enforcement agencies. Additionally, the bill details the process for handling cases where a defendant is a violator of bail and/or probation, including the issuance of a writ of mittimus and a writ of habeas corpus, and the procedure for arraignment and notification of the district or superior court in cases of probable violation.

The bill also makes changes to the fees charged by justices of the peace. The fee for services provided by justices of the peace is increased from fifty dollars ($50.00) to one hundred dollars ($100), with a provision that allows for a fee arrangement not exceeding two hundred dollars ($200) for special sessions requested between 11:00 p.m. and 8:00 a.m. The bill ensures that justices of the peace have immunity for actions taken in accordance with the provisions of this section. The act would take effect upon passage and also includes an explanation by the Legislative Council regarding the increase in the fee payable to justices of the peace.

Statutes affected:
7953: 12-10-2