reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-29. - Immunity from civil process arising out of occurrence for which extradited.

§ 12-9-29. Immunity from civil process arising out of occurrence for which extradited.
A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he or she is being or has been returned, until he or she has been convicted in the criminal proceeding, or, if acquitted, until he or she has had reasonable opportunity to return to the state from which he or she was extradited.
History of Section.
P.L. 1947, ch. 1890, § 24; G.L. 1956, § 12-9-29.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-30. - Execution of waiver of extradition.

§ 12-9-30. Execution of waiver of extradition.
Any person arrested in this state charged, with having committed any crime in another state, or alleged to have escaped from confinement or broken the terms of his or her bail, probation, or parole, may waive the issuance and service of the warrant provided for in §§ 12-9-9 and 12-9-10 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he or she consents to return to the demanding state; provided, that before the waiver shall be executed or subscribed by the person it shall be the duty of the judge to inform the person of his or her rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in § 12-9-12.
History of Section.
P.L. 1947, ch. 1890, § 25; G.L. 1956, § 12-9-30.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-31. - Filing of consent — Delivery of prisoner to extradition agents.

§ 12-9-31. Filing of consent — Delivery of prisoner to extradition agents.
If and when consent pursuant to § 12-9-30 has been duly executed it shall be immediately forwarded to the office of the governor of this state and filed in that office. The judge shall direct the officer having the person in custody to immediately deliver the person to the duly accredited agent or agents of the demanding state and shall deliver or cause to be delivered to the agent or agents a copy of his or her consent; provided, that nothing in this section and § 12-9-30 shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.
History of Section.
P.L. 1947, ch. 1890, § 25; G.L. 1956, § 12-9-31.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-32. - State’s rights against extradited persons not waived.

§ 12-9-32. State’s rights against extradited persons not waived.
Nothing contained in this chapter shall be deemed to constitute a waiver by this state of its right, power, or privilege to try the demanded person for a crime committed within this state, or of its right, power, or privilege to regain custody of the person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed within this state, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges, or jurisdiction in any way whatsoever.
History of Section.
P.L. 1947, ch. 1890, § 26; G.L. 1956, § 12-9-32.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-33. - Trial for crimes not specified in requisition.

§ 12-9-33. Trial for crimes not specified in requisition.
After a person has been brought back to this state by, or after waiver of, extradition proceedings, he or she may be tried in this state for other crimes which he or she may be charged with having committed here as well as that specified in the requisition for his or her extradition.
History of Section.
P.L. 1947, ch. 1890, § 27; G.L. 1956, § 12-9-33.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-34. - Uniformity of construction.

§ 12-9-34. Uniformity of construction.
The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.
History of Section.
P.L. 1947, ch. 1890, § 28; G.L. 1956, § 12-9-34.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-9 - Extradition › Section 12-9-35. - Severability.

§ 12-9-35. Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, its invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions of application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1947, ch. 1890, § 29; G.L. 1956, § 12-9-35.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-10 - Preliminary Proceedings in District Courts › Section 12-10-1. - Court open at all times.

§ 12-10-1. Court open at all times.
The district court shall be open at all times for the transaction of criminal business.
History of Section.
C.P.A. 1905, § 149; G.L. 1909, ch. 281, § 1; G.L. 1923, ch. 331, § 1; G.L. 1938, ch. 501, § 1; G.L. 1956, § 12-10-1; P.L. 1969, ch. 239, § 19.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-10 - Preliminary Proceedings in District Courts › Section 12-10-3. - Recording and certification of appointments and revocations — Signature of warrants.

§ 12-10-3. Recording and certification of appointments and revocations — Signature of warrants.
Appointments and revocations shall be recorded in the records of the court and certified by the chief judge making them to the secretary of state, and the judge shall also issue to the justice or justices of the peace his or her warrant under the seal of the court, by which the justice or justices shall be authorized to perform the duties specified in this chapter, and shall also, whenever he or she shall revoke the appointment, notify the justice of the peace in writing of the revocation. Justices of the peace appointed to issue warrants shall sign all warrants by them issued as “Justice of the peace authorized to issue warrants.”
History of Section.
C.P.A. 1905, § 182; G.L. 1909, ch. 281, § 35; G.L. 1923, ch. 331, § 35; G.L. 1938, ch. 501, § 35; G.L. 1956, § 12-10-3; P.L. 1969, ch. 239, § 19.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-10 - Preliminary Proceedings in District Courts › Section 12-10-4. - Plea on offense beyond trial jurisdiction of district court.

§ 12-10-4. Plea on offense beyond trial jurisdiction of district court.
Whenever any person shall be brought before a district court upon a complaint charging him or her with an offense which is not within the jurisdiction of the court to try and determine, the court may, with the written consent of the attorney general or his or her authorized designee, and with a waiver of indictment or information by such person, acting with the benefit of counsel, receive a plea of guilty or nolo contendere and may impose sentence. There shall be no appeal to the superior court. Any district court judge performing these duties shall receive the same salary as a superior court judge would receive.
History of Section.
G.L. 1909, ch. 281, § 41; P.L. 1915, ch. 1258, § 2; G.L. 1923, ch. 331, § 41; G.L. 1938, ch. 501, § 41; G.L. 1956, § 12-10-4; P.L. 1972, ch. 169, § 18; P.L. 2003, ch. 139, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-10 - Preliminary Proceedings in District Courts › Section 12-10-5. - Discharge of person charged with offense beyond trial jurisdiction of district court.

§ 12-10-5. Discharge of person charged with offense beyond trial jurisdiction of district court.
Whenever any person shall be brought before any district court, charged with any offense which it has not jurisdiction to try and determine, and, after hearing all the evidence adduced in relation to it, it shall not appear to the district court that the accused is probably guilty of the offense, or of any other offense substantially charged in the complaint, the accused shall be immediately discharged.
History of Section.
C.P.A. 1905, § 165; G.L. 1909, ch. 281, § 18; G.L. 1923, ch. 331, § 18; G.L. 1938, ch. 501, § 18; G.L. 1956, § 12-10-5.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-10 - Preliminary Proceedings in District Courts › Section 12-10-6. - Recognizance or commitment on charge of offense beyond trial jurisdiction of district court.

§ 12-10-6. Recognizance or commitment on charge of offense beyond trial jurisdiction of district court.
Whenever any person shall be brought before the district court upon a complaint charging him or her with an offense which is not within the jurisdiction of the court to try and determine, and it shall appear to the court that the accused is probably guilty, the court shall, if the offense is bailable by it, require the accused to enter into a recognizance in any sum that the court shall direct, with sufficient surety to be approved by the court, with condition that the accused will appear at the superior court for the county in which the division is situated at the time fixed for the attendance of the grand jury in that court which is next after seven (7) days from the day when the recognizance was ordered, and not to depart the superior court without leave, and in the meantime keep the peace and be of good behavior toward all the people of this state. The recognizance shall be immediately certified as soon as may be by the district court to the court before which the accused shall recognize to appear. Whenever the district court shall require any person to enter into a recognizance for his or her appearance before it or before any other court, and shall not give the recognizance, the person shall be immediately committed to the adult correctional institutions, there to remain until he or she is discharged pursuant to law. If the required recognizance is for the appearance of the accused before the superior court, the fact of the commitment shall be immediately certified to the superior court before which the accused has been held to appear.
History of Section.
C.P.A. 1905, § 166; G.L. 1909, ch. 281, § 19; G.L. 1923, ch. 331, § 19; G.L. 1938, ch. 501, § 19; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 12-10-6; P.L. 1969, ch. 239, § 19.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-10 - Preliminary Proceedings in District Courts › Section 12-10-7. - Transmission of papers to superior court.

§ 12-10-7. Transmission of papers to superior court.
Whenever a division of the district court, upon a criminal complaint, shall adjudge a defendant in any criminal complaint probably guilty of an offense, the complaint and all papers connected with it shall immediately be certified and be transmitted to the clerk of the superior court for the county in which the division is situated.
History of Section.
C.P.A. 1905, § 172; G.L. 1909, ch. 281, § 25; G.L. 1923, ch. 331, § 25; G.L. 1938, ch. 501, § 25; G.L. 1956, § 12-10-7; P.L. 1969, ch. 239, § 19.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-10 - Preliminary Proceedings in District Courts › Section 12-10-8. - Discharge of accused on acknowledgment of satisfaction by complainant.

§ 12-10-8. Discharge of accused on acknowledgment of satisfaction by complainant.
Whenever any person shall be committed to a correctional institution, or shall be under recognizance, to answer to a charge of assault or battery, or both, or for any threat of committing an offense against the person or property of another, if the person injured or threatened shall appear before the judge of the district court who issued the warrant of commitment or took the recognizance, and acknowledge in writing that he or she has received satisfaction of the injury, or has ceased to fear the execution of the threat, the judge may, in his or her discretion, upon payment of all costs that may have accrued, including the board of the prisoner in the institution, if committed, discharge the recognizance, or supersede the commitment, by an order under his or her hand, which order shall be filed with the recognizance, or recorded in the records of the institution, as the case may require. That order shall forever bar all remedy by civil action for the injury.
History of Section.
C.P.A. 1905, § 173; G.L. 1909, ch. 281, § 26; G.L. 1923, ch. 331, § 26; G.L. 1938, ch. 501, § 26; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 12-10-8; P.L. 1969, ch. 239, § 19.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-10 - Preliminary Proceedings in District Courts › Section 12-10-9. - Adjournment of trial or examination.

§ 12-10-9. Adjournment of trial or examination.
The district court may adjourn any trial or examination pending before it, from time to time, not exceeding fourteen (14) days at any one time, except with the consent or at the request of the accused, and to the same or to a different place in the same division.
History of Section.
C.P.A. 1905, § 167; G.L. 1909, ch. 281, § 20; G.L. 1923, ch. 331, § 20; G.L. 1938, ch. 50, § 20; G.L. 1959, § 12-10-9; P.L. 1969, ch. 239, § 19.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-10 - Preliminary Proceedings in District Courts › Section 12-10-10. - Commitment or recognizance on adjournment.

§ 12-10-10. Commitment or recognizance on adjournment.
In case of an adjournment, if the accused is charged with any offense not bailable by the district court, he or she shall, in the meantime, be committed to the adult correctional institutions; but if bailable, the accused may give recognizance in a sum and with surety or sureties to the satisfaction of the court for his or her appearance for further examination, and for want of recognizance may be committed to the institutions.
History of Section.
C.P.A. 1905, § 168; G.L. 1909, ch. 281, § 21; G.L. 1923, ch. 331, § 21; G.L. 1938, ch. 501, § 21; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 12-10-10.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-10 - Preliminary Proceedings in District Courts › Section 12-10-11. - Default on recognizance.

§ 12-10-11. Default on recognizance.
If the person recognized shall not appear according to the condition of the recognizance, the district court shall record the default and certify the recognizance with the record of the default to the superior court for the same county.
History of Section.
C.P.A. 1905, § 169; G.L. 1909, ch. 281, § 22; G.L. 1923, ch. 331, § 22; G.L. 1938, ch. 501, § 22; G.L. 1956, § 12-10-11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-11 - County Grand Juries › Section 12-11-1. - Number of members.

§ 12-11-1. Number of members.
The grand jury shall consist of not less than thirteen (13) nor more than twenty-three (23) persons. Whenever the attorney general shall by motion in writing make application to any justice of the superior court for a grand jury to consist of twenty-three (23) persons, the motion shall immediately be granted.
History of Section.
P.L. 1920, ch. 1948, § 40; G.L. 1923, ch. 329, § 40; G.L. 1938, ch. 506, § 38; G.L., ch. 506, § 36; P.L. 1939, ch. 700, § 1; G.L. 1956, § 12-11-1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-11 - County Grand Juries › Section 12-11-2. - Attendance on court — Providence and Bristol counties.

§ 12-11-2. Attendance on court — Providence and Bristol counties.
The grand jury shall attend the superior court at Providence for the counties of Providence and Bristol on the third Monday of September of each year; and on the first regular court day of every sixth week thereafter until the second Monday of July, unless at least ten (10) days prior to the day on which a grand jury is to commence its term the presiding justice orders in writing that a grand jury shall not be summoned for that term. However, the presiding justice or any other justice of the superior court may at the request of the attorney general in writing filed in the office of the clerk of the court of the county cause the grand jury in attendance on the superior court at Providence for the counties of Providence and Bristol to attend continuously for all or any part of its session in between the second Monday in September and the second Monday in July of the following year and also during all or any part of its vacation from the second Monday in July to the second Monday in September in each year, when in the discretion of the presiding justice or any other justice of the superior court for the counties it is for the public interest and the proper administration of justice to do so.
History of Section.
P.L. 1920, ch. 148, § 39; G.L. 1923, ch. 329, § 39; P.L. 1931, ch. 1774, § 1; G.L. 1938, ch. 506, § 37; G.L. 1938, ch. 506, § 35; P.L. 1939, ch. 700, § 1; P.L. 1956, ch. 3622, § 1; P.L. 1956, ch. 3729, § 3; G.L. 1956, § 12-11-2; P.L. 1973, ch. 170, § 1; P.L. 1974, ch. 221, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-11 - County Grand Juries › Section 12-11-3. - Attendance on court — Newport, Kent, and Washington counties.

§ 12-11-3. Attendance on court — Newport, Kent, and Washington counties.
(a)
The grand jury shall attend the superior court:
(1)
At Newport, for the county of Newport, on the second Mondays of September and June and the fourth Mondays of November and March in each year, unless at least ten (10) days prior to the day on which a grand jury is to commence its term the presiding justice orders in writing that a grand jury shall not be summoned for that term;
(2)
At Warwick or at any other place in the county of Kent that may be designated by the presiding justice, for the county of Kent, on the third Monday of September, the first Monday of December, the second Monday of April and the fourth Monday of June in each year, unless at least ten (10) days prior to the day on which a grand jury is to commence its term the presiding justice orders in writing that a grand jury shall not be summoned for that term; and
(3)
At South Kingstown, for the county of Washington, on the first Mondays of October and April, the second Monday of December and the third Monday of June, unless at least ten (10) days prior to the day on which a grand jury is to commence its term the presiding justice orders in writing that a grand jury shall not be summoned for that term.
(b)
The presiding justice or any other justice of the superior court may at the request of the attorney general in writing filed in the office of the clerk of the county cause any grand juries attending the superior court for any of those counties to attend continuously for all or any part of its session and also during all or any part of its vacation, when in the discretion of the presiding justice or any other justice of the superior court for the county it is for the public interest and the proper administration of justice to do so.
History of Section.
P.L. 1920, ch. 1948, § 39; G.L. 1923, ch. 329, § 39; P.L. 1931, ch. 1774, § 1; G.L. 1938, ch. 506, § 37; G.L. 1938, ch. 506, § 35; P.L. 1939, ch. 700, § 1; P.L. 1956, ch. 3622, § 1; P.L. 1956, ch. 3729, § 1; G.L. 1956, § 12-11-3; P.L. 1974, ch. 221, § 2; P.L. 1976, ch. 18, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-11 - County Grand Juries › Section 12-11-3.1. - Additional county grand juries.

§ 12-11-3.1. Additional county grand juries.
Whenever the attorney general shall make application in writing, the presiding justice may order the impaneling of additional county grand juries to attend the superior court at such places and for any time, but not to exceed six (6) months, that he or she directs, and the county grand juries may sit simultaneously.
History of Section.
P.L. 1991, ch. 319, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-11 - County Grand Juries › Section 12-11-5. - Administration of oaths to witnesses.

§ 12-11-5. Administration of oaths to witnesses.
The foreperson of every grand jury shall have full power and authority to administer all necessary oaths and affirmations to witnesses who shall be examined before the grand jury.
History of Section.
P.L. 1920, ch. 1948, § 34; G.L. 1923, ch. 329, § 34; G.L. 1938, ch. 506, § 32; G.L., ch. 506, § 30; P.L. 1939, ch. 700, § 1; G.L. 1956; § 12-11-5.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-11.1 - Statewide Grand Juries › Section 12-11.1-1. - Statewide grand jury — Size and powers.

§ 12-11.1-1. Statewide grand jury — Size and powers.
A statewide grand jury shall consist of not less than thirteen (13) nor more than twenty-three (23) persons. The jurisdiction of a statewide grand jury shall extend throughout the state and it may investigate and return indictments for crimes committed any place within the state. A statewide grand jury shall in all other respects possess the usual powers and duties of county grand juries.
History of Section.
P.L. 1974, ch. 221, § 4.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-11.1 - Statewide Grand Juries › Section 12-11.1-3. - Statewide grand juries — Impaneling.

§ 12-11.1-3. Statewide grand juries — Impaneling.
Whenever the attorney general makes application in writing, the presiding justice shall order the impaneling of a statewide grand jury to attend the superior court at any places and for any period, not exceeding eighteen (18) months, that he or she directs. The attorney general may apply for the impaneling of as many statewide grand juries as he or she deems necessary.
History of Section.
P.L. 1974, ch. 221, § 4; P.L. 1983, ch. 46, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-11.1 - Statewide Grand Juries › Section 12-11.1-4. - Composition — Secretary of state required to inform jury commissioner.

§ 12-11.1-4. Composition — Secretary of state required to inform jury commissioner.
A statewide grand jury shall be selected at random from the names of all prospective grand jurors appearing on current lists compiled pursuant to chapter 9 of title 9. In selecting the jurors, the jury commissioner shall select from each county a number of grand jurors which shall bear to the total number of grand jurors to be selected the same proportion as the current number of voters from the county bears to the total current number of voters for the state as a whole. For purposes of this section, Providence and Bristol counties shall be considered one county, and the size of the statewide grand jury shall be considered as twenty-three (23) members; provided, the actual size of the statewide grand jury shall conform to the provisions of § 12-11-1 and Rule 6(a) of the Superior Court Rules of Criminal Procedure.
History of Section.
P.L. 1974, ch. 221, § 4; P.L. 1977, ch. 94, § 1; P.L. 1982, ch. 239, § 1; P.L. 1995, ch. 324, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-11.1 - Statewide Grand Juries › Section 12-11.1-5. - When county grand jury in attendance.

§ 12-11.1-5. When county grand jury in attendance.
A statewide grand jury may attend the superior court and exercise all of its powers in a county even though a regular county grand jury is simultaneously in attendance in the county. The attendance of a statewide grand jury at the same time as a county grand jury shall not affect or diminish the powers of a county grand jury.
History of Section.
P.L. 1974, ch. 221, § 4.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-11.1 - Statewide Grand Juries › Section 12-11.1-5.1. - Unlawful grand jury disclosure.

§ 12-11.1-5.1. Unlawful grand jury disclosure.
(a)
Any person who, when being a grand juror, a public prosecutor, a grand jury stenographer, a grand jury interpreter, a police officer or a peace officer guarding a witness in a grand jury proceeding, or a clerk, attendant, warden or other public servant having official duties in or about a grand jury room or proceeding, or a public officer or public employee, obtains information in his or her official capacity and intentionally discloses, prior to the report of the grand jury on the matter, to another the nature or substance of any grand jury testimony, or any decision, result, or other matter attending a grand jury proceeding which is required by law to be kept secret, except in the proper discharge of his or her official duties or upon written order of the court shall be guilty of grand jury disclosure. Nothing in this section shall be construed to prohibit a witness from disclosing his or her own testimony.
(b)
Any person who violates any provision of this section shall be punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment not exceeding one year, or both.
History of Section.
P.L. 1992, ch. 277, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-1.1. - Capital or life offenses.

§ 12-12-1.1. Capital or life offenses.
An offense which may be punished by death shall be prosecuted by indictment. An offense which may be punished by a term of life imprisonment shall be prosecuted by indictment unless the defendant, with the consent of the attorney general and leave of the court, waives indictment, in which event it may be prosecuted by information.
History of Section.
P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-1.2. - Felonies — Less than capital or life, penalty.

§ 12-12-1.2. Felonies — Less than capital or life, penalty.
Except for offenses punishable by death or by a term of life imprisonment or offenses arising in the land or naval forces or in the militia in actual service in time of war or public danger, an offense which may be punished by imprisonment for a term exceeding one year and/or by a fine exceeding one thousand dollars ($1,000) may be prosecuted by indictment or information signed by the attorney general or one of the attorney general’s designated assistants.
History of Section.
P.L. 1974, ch. 118, § 11; P.L. 1986, ch. 318, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-1.3. - Lesser offenses, penalty.

§ 12-12-1.3. Lesser offenses, penalty.
An offense which may be punished by imprisonment for a term not exceeding one year or a fine not exceeding one thousand dollars ($1,000) may be prosecuted by complaint.
History of Section.
P.L. 1974, ch. 118, § 11; P.L. 1986, ch. 269, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-1.4. - Contents of indictments, informations and complaints.

§ 12-12-1.4. Contents of indictments, informations and complaints.
An indictment, information, or complaint shall be a plain, concise, and definite written statement of the offense charged. An indictment, information, or complaint which provides the defendant and the court with adequate notice of the offense being charged shall be sufficient if the offense is charged either:
(1)
By using the name given to the offense in terms of either the common law or by statute; or
(2)
By stating the definition of the offense in terms of substantially the same meaning.
History of Section.
P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-1.5. - Informations — Exhibits to be attached.

§ 12-12-1.5. Informations — Exhibits to be attached.
When an offense is prosecuted by information, the attorney general shall attach to the information any exhibits, such as affidavits sworn to before the attorney general or one of his or her designated assistants, documents, photographs, recordings, or other materials or copies of them, upon which the attorney general relies to demonstrate the existence of probable cause to believe that the offense charged in the information has been committed and that the defendant committed it.
History of Section.
P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-1.6. - Defendant to receive copy of information.

§ 12-12-1.6. Defendant to receive copy of information.
A copy of the information and all exhibits appended to it shall be served on the defendant promptly after it is filed with the clerk of the superior court.
History of Section.
P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-1.7. - Motion to dismiss information.

§ 12-12-1.7. Motion to dismiss information.
Within thirty (30) days after a defendant is served with a copy of an information charging him or her with an offense, he or she may move in the superior court to dismiss the information on the ground that the information and exhibits appended to it do not demonstrate the existence of probable cause to believe that the offense charged has been committed or that the defendant committed it. Upon the filing of the motion to dismiss the court shall schedule a hearing to be held within a reasonable time.
History of Section.
P.L. 1974, ch. 118, § 11; P.L. 2008, ch. 226, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-1.8. - Hearing to determine probable cause.

§ 12-12-1.8. Hearing to determine probable cause.
At the probable cause hearing the information and exhibits appended to it shall be before the court. The defendant may call witnesses and may introduce evidence bearing on the question of the existence of probable cause to charge him or her. The state may not call witnesses, introduce evidence, or otherwise supplement the exhibits appended to the information unless the court grants leave to do so.
History of Section.
P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-1.9. - Determining whether probable cause exists.

§ 12-12-1.9. Determining whether probable cause exists.
After conducting the hearing the court shall determine from an examination of the information and exhibits appended to it, and in light of any evidence presented at the hearing, whether there exists probable cause to believe that the offense charged has been committed and that defendant committed it. A finding of the existence of probable cause may be based in whole or in part upon hearsay evidence or on evidence which may ultimately be ruled to be inadmissible at the trial.
History of Section.
P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-1.10. - Dismissal of information — Effect.

§ 12-12-1.10. Dismissal of information — Effect.
If the court dismisses the information on the ground that the state has not demonstrated the existence of probable cause to believe that the offense charged has been committed or that defendant committed it the state may not after dismissal proceed against the defendant for the same offense, unless:
(1)
On appeal the order of dismissal is reversed; or
(2)
The court, upon motion of the state and a finding of mistake, inadvertence, surprise, excusable neglect, the discovery of new evidence which by due diligence could not have been discovered at the time the hearing on probable cause was held, or any other reason justifying the relief, enters an order permitting the state to proceed against the defendant for the same offense.
History of Section.
P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-1.11. - “Indictment” construed.

§ 12-12-1.11. “Indictment” construed.
Whenever “indictment” appears in the general or public laws or in rules of court, it includes the expression “information filed by the attorney general or one of the attorney general’s designated assistants,” except where ascribing that meaning to the term “indictment” is inconsistent with the intent or the manner in which the term was used or otherwise is inappropriate.
History of Section.
P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-2. - Process in fictitious name or by description.

§ 12-12-2. Process in fictitious name or by description.
In case the name of the person to be proceeded against is unknown, the indictment, information, complaint, warrant, or other criminal process may be found or issued against him or her by a fictitious name or by any description that the prosecutor or complainant may select, and the error or defect may be afterwards amended by the court.
History of Section.
G.L. 1896, ch. 285, § 3; G.L. 1909, ch. 354, §§ 2, 3; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 2; G.L. 1938, ch. 625, § 2; G.L. 1956, § 12-12-2; P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-3. - Formal defects in process not ground for abatement or quashing.

§ 12-12-3. Formal defects in process not ground for abatement or quashing.
No indictment, information, complaint or criminal process shall be abated or quashed for any want of form, or because it omits to allege that the offense was committed or the act was done “feloniously,” “burglariously,” “willfully,” “maliciously,” or with “malice aforethought,” “unlawfully,” “negligently,” or with “force and arms,” or because it omits to characterize similarly the manner of the commission of the offense, or because it omits to allege the means by which the offense was committed or omits to allege the time and place of the commission of the offense, unless the description, characterization, means, time, or place is an essential element of the offense; provided, that it contains such allegation of the offense that the accused is informed of the nature and cause of the accusation.
History of Section.
G.L. 1896, ch. 285, § 4; G.L. 1909, ch. 354, § 4; G.L. 1909, ch. 354, § 3, as enacted by P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 3; P.L. 1932, ch. 1954, § 1; G.L. 1938, ch. 625, § 3; G.L. 1956, § 12-12-3; P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-10. - Variances of proof and immaterial mistakes.

§ 12-12-10. Variances of proof and immaterial mistakes.
A defendant shall not be acquitted or discharged on the ground of variance between the allegation and proof if the essential elements of the crime are correctly stated in the indictment, information, or complaint, unless the defendant is prejudiced in his or her defense by the variance. The defendant shall not be acquitted or discharged by reason of an immaterial misnomer of a third party, by reason of an immaterial mistake in the description of the property or its ownership, by reason of failure to prove unnecessary allegations in the description of the crime, or by reason of any other immaterial mistake in the indictment, information, or complaint.
History of Section.
G.L. 1909, ch. 354, § 4; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 4; G.L. 1938, ch. 625, § 4; G.L. 1956, § 12-12-10; P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-11. - Conditions not required to be negated in allegations.

§ 12-12-11. Conditions not required to be negated in allegations.
An excuse, exception, or proviso which is not stated in the enacting clause of a statute creating a crime, or which is stated only by reference to other provisions of the statute, need not be negated in the indictment, information, or complaint unless it is necessary for a complete definition of the crime. If a statute which creates a crime permits an act, which is declared to be criminal, to be performed without criminality under stated conditions, the conditions need not be negated.
History of Section.
G.L. 1909, ch. 354, § 5; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 5; G.L. 1938, ch. 625, § 5; G.L. 1956, § 12-12-11; P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-12. - Description of written instruments.

§ 12-12-12. Description of written instruments.
If an allegation relative to a written instrument which consists wholly or in part of writing, print, or figures is necessary in any indictment, information, or complaint, the indictment, information, or complaint may describe the instrument by any name or designation by which it is usually known, or by its purport, without setting out a copy or facsimile of the whole or of any part; and no variance between the recital or description and the instrument produced at the trial shall be material if the identity of the instrument is evident and its purport is sufficiently described to prevent prejudice to the defendant.
History of Section.
G.L. 1909, ch. 354, § 6; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 6; G.L. 1938, ch. 625, § 6; G.L. 1956, § 12-12-12; P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-13. - Allegations as to form of money.

§ 12-12-13. Allegations as to form of money.
If any allegation relative to any bullion, money, notes, bank notes, checks, drafts, bills of exchange, obligations, or other securities for money, of any country, state, county, city, town, bank, corporation, partnership, or person is necessary in any indictment, information, or complaint, the indictment, information, or complaint may describe it as money to a certain amount without specifying any particulars, and this descriptive allegation shall be sustained by proof of any amount of bullion, money, notes, or other securities for money, although its particular nature shall not be proved.
History of Section.
G.L. 1909, ch. 354, § 7; P.L. 1915, ch. 1262, § 1; G.L. 1923, ch. 407, § 7; G.L. 1938, ch. 625, § 7; G.L. 1956, § 12-12-13; P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-14. - Allegations as to statutory larceny.

§ 12-12-14. Allegations as to statutory larceny.
In prosecutions under §§ 11-41-3, 11-41-4, and 11-41-11, it shall be sufficient to allege generally in the indictment, information, or complaint a stealing of money to a certain amount, or property of a certain value, without specifying any particulars of the stealing, and it shall be sufficient to maintain the charge in the indictment, information, or complaint, and it shall not be deemed a variance, if it is proved that any bullion, money, notes, bank notes, check, draft, bill of exchange, or other security or money, or other property of whatever amount, was stolen, embezzled, fraudulently appropriated, converted, or was obtained, received, taken or secreted by false pretenses or otherwise, with intent to cheat, defraud, embezzle, or fraudulently convert by the person prosecuted.
History of Section.
G.L. 1909, ch. 354, § 8; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 8; G.L. 1938, ch. 625, § 8; G.L. 1956, § 12-12-14; P.L. 1974, ch. 118, § 11; P.L. 1988, ch. 15, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-15. - Allegations in perjury indictments or informations.

§ 12-12-15. Allegations in perjury indictments or informations.
In every indictment or information for perjury or subornation of perjury, or incitement to perjury, it shall be sufficient to set forth the substance of the offense charged upon the defendant, and by what court or before whom the oath or affirmation was taken, averring the court or person to have had competent authority to administer it, together with the proper averment or averments to falsify the matter in which the perjury is assigned, without setting forth any part of any record or proceeding, other than as above mentioned, and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed or was agreed, promised, procured, or incited to be committed.
History of Section.
G.L. 1896, ch. 285, § 5; G.L. 1909, ch. 354, § 5; G.L. 1909, ch. 354, § 9; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 9; G.L. 1938, ch. 625, § 9; G.L. 1956, § 12-12-15; P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-16. - Allegations as to property held jointly, in common, or by partners.

§ 12-12-16. Allegations as to property held jointly, in common, or by partners.
In every indictment, information or complaint for any felony or misdemeanor, whenever it shall be requisite to state the ownership of any property whatsoever, whether real or personal, which shall belong to or be in possession of more than one person, whether the persons are partners in trade, joint tenants, tenants in common, members of joint stock companies, or trustees, and whenever it shall be necessary to mention, for any purpose whatsoever, any partners, joint tenants, tenants in common, members of joint stock companies, or trustees, it shall be sufficient to name one of the persons and state the property to belong to the person so named the and another or others, as the case may be.
History of Section.
G.L. 1896, ch. 285, § 6; G.L. 1909, ch. 354, § 6; G.L. 1909, ch. 354, § 10; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 10; G.L. 1938, ch. 625, § 10; G.L. 1956, § 12-12-16.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-18. - Period of limitations extended by theft, loss or destruction of indictment or information.

§ 12-12-18. Period of limitations extended by theft, loss or destruction of indictment or information.
If any indictment found or information filed within the time limited in and by this chapter shall be stolen, lost, or destroyed before a judgment shall have been rendered, a new indictment may be found or information filed for the same offense at any time within one year after the theft, loss or destruction of the original indictment or information.
History of Section.
G.L. 1896, ch. 285, § 34; G.L. 1909, ch. 354, § 34; G.L. 1909, ch. 354, § 13; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 13; G.L. 1938, ch. 625, § 13; G.L. 1956, § 12-12-18; P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-20. - Original and duplicates of charges to be filed.

§ 12-12-20. Original and duplicates of charges to be filed.
In each and every criminal prosecution the original and duplicate of all complaints, warrants, informations, and/or indictments shall be filed with the appropriate court.
History of Section.
P.L. 1970, ch. 262, § 1; P.L. 1972, ch. 169, § 19; P.L. 1974, ch. 118, § 11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-21. - “Designated assistants” defined.

§ 12-12-21. “Designated assistants” defined.
“Designated assistants” as used in this chapter means any one of the attorneys employed full time by the attorney general, including, but not limited to, the positions of assistant attorney general, special assistant attorney general, and special counsel, who has been designated by the attorney general as an attorney authorized to prosecute by information charging. The attorney general shall file notice of his or her designations with the secretary of state and the clerk of the superior court.
History of Section.
P.L. 1975, ch. 251, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-12 - Indictments, Informations and Complaints › Section 12-12-22. - Arraignments and pleas — Notices to aliens.

§ 12-12-22. Arraignments and pleas — Notices to aliens.
(a)
At the time of criminal arraignment in the district or superior court, each defendant shall be informed that if he or she is an alien in the United States, a plea of guilty or nolo contendere may affect his or her immigration status. Failure to so inform the defendant at the arraignment shall not invalidate any action subsequently taken by the court.
(b)
Prior to accepting a plea of guilty or nolo contendere in the district or superior court, the court shall inform the defendant that if he or she is not a citizen of the United States, a plea of guilty or nolo contendere may have immigration consequences, including deportation, exclusion of admission to the United States, or denial of naturalization pursuant to the laws of the United States. Upon request, the court shall allow the defendant additional time to consider the appropriateness of the plea in light of this advisement.
(c)
If the court fails to so inform the defendant as required by this section, and the defendant later shows that his plea and conviction may have immigration consequences, the defendant shall be entitled, upon a proper petition for post-conviction relief, to have the plea vacated. Absent a record that the court provided the advisement required by this section, the defendant shall be presumed not have received the advisement.
(d)
The defendant shall not be required at the time of the plea to disclose to the court his or her legal status in the United States.
(e)
In the first week of January, 2001 and each year thereafter, the attorney general shall submit to the general assembly a list of cases in which a disposition was vacated pursuant to this section.
History of Section.
P.L. 1984, ch. 123, § 1; P.L. 2000, ch. 500, § 1; P.L. 2000, ch. 501, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-13 - Bail and Recognizance › Section 12-13-1. - Right to release pending trial on giving of recognizance.

§ 12-13-1. Right to release pending trial on giving of recognizance.
Every person who is held on any criminal process to answer to any indictment, information, or complaint against him or her shall be released upon giving recognizance with sufficient surety or sureties before a justice of the supreme or superior court or before a justice of the district court, when the complaint is pending in that court or the person is held to answer to that court, in the sum named in the process, if any has been named in it, and if none is named, then in any sum that the justice shall deem reasonable, to appear before the court where the indictment, information, or complaint is pending against him or her, or to which he or she may be bound over to appear, to answer to the indictment, information, or complaint, and to answer to it whenever called upon so to do, and abide the final order of the court, and in the meantime keep the peace and be of good behavior. Any justice may take the recognizance in any place within the state, and the recognizance shall be returned to the court to which the accused has recognized to appear.
History of Section.
G.L. 1896, ch. 285, § 14; C.P.A. 1905, § 1182; G.L. 1909, ch. 354, § 14; G.L. 1909, ch. 354, § 18; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 18; G.L. 1938, ch. 625, § 18; G.L. 1956, § 12-13-1; P.L. 1969, ch. 239, § 20; P.L. 1972, ch. 265, § 1; P.L. 1974, ch. 118, § 12.