The bill amends Section 45-2-56 of the General Laws to establish a municipal court for the town of Hopkinton, granting it the authority to hear and determine appeals from decisions or orders of the chief of the Hopkinton police department related to the return of seized firearms. The town council is empowered to adopt an ordinance conferring this jurisdiction upon the municipal court, subject to specific requirements.

The new provisions stipulate that any person who has exhausted all administrative remedies and is aggrieved by a final decision or order of the chief of the Hopkinton police department regarding the return of seized firearms is entitled to judicial review. Proceedings for review must be initiated by filing a complaint in the municipal court within thirty (30) days after notice of the final decision or order, with specific service requirements for the complaint.

The filing of the complaint does not stay enforcement of the decision or order unless a stay is granted by the chief of the Hopkinton police department or the reviewing court. The municipal court may allow the presentation of additional evidence under certain conditions and will conduct the review without a jury, confined to the record, while allowing for oral arguments and written briefs.

The municipal court will not substitute its judgment for that of the chief of the Hopkinton police department regarding the weight of the evidence on questions of fact but may affirm, remand, or modify the decision if substantial rights of the appellant have been prejudiced. The provisions also establish a process for appealing final judgments of the municipal court to the supreme court of the State of Rhode Island through a writ of certiorari.

These new appellate jurisdiction provisions replace any common law or discretionary appeal procedures, establishing them as the exclusive right of appeal in these cases. The act will take effect upon passage.

Statutes affected:
8368: 45-2-56