AN ACT RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE (Prohibits the courts from setting cash or surety bail on any misdemeanor offense but permits the court to set reasonable non-monetary conditions of bail to assure the defendant's presence in court as required and to protect the community.)

H7203

2026 -- H 7203
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LC003852
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL PROCEDURE -- BAIL AND RECOGNIZANCE

Introduced By:
Representatives Felix, McEntee, Craven, Cruz, Ajello, Morales, Potter,
Alzate, and J. Lombardi

Date Introduced:
January 21, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 12-13-1 of the General Laws in Chapter 12-13 entitled "Bail and
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Recognizance" is hereby amended to read as follows:
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12-13-1. Right to release pending trial on giving of recognizance.
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(a) Felony cases.
Every person who is held on any criminal process to answer to any
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indictment, information, or complaint against him or her shall be released upon giving recognizance
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with sufficient surety or sureties before a justice of the supreme or superior court or before a justice
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of the district court, when the complaint is pending in that court or the person is held to answer to
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that court, in the sum named in the process, if any has been named in it, and if none is named, then
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in any sum that the justice shall deem reasonable, to appear before the court where the indictment,
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information, or complaint is pending against him or her, or to which he or she may be bound over
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to appear, to answer to the indictment, information, or complaint, and to answer to it whenever
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called upon so to do, and abide the final order of the court, and in the meantime keep the peace and
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be of good behavior. Any justice may take the recognizance in any place within the state, and the
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recognizance shall be returned to the court to which the accused has recognized to appear.
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(b) Misdemeanor cases.
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(1) Every person who is subject to any misdemeanor criminal process shall be released
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without bail but on their own recognizance and an order to abide by any conditions set by the court.
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(2) Release on non-monetary conditions shall be applied to assure the presence of the
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accused in court as required and to protect the safety of the community.

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(c) In every case, the setting of bail and conditions shall be subject to § 12-13-1.3(e).
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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 -- BAIL AND RECOGNIZANCE
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This act would prohibit the courts from setting cash or surety bail on any misdemeanor
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offense but would permit the court to set reasonable non-monetary conditions of bail to assure the
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defendant’s presence in court as required and to protect the community.
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This act would take effect upon passage.
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LC003852 - Page 3 of 3