AN ACT RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN FAMILY COURT (Removes the mandatory certification for an individual 16 years or older who was found delinquent for having committed 2 offenses after the age of 16 which would render the person subject to an indictment if the person was an adult.)

S2125

2026 -- S 2125
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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 DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN
FAMILY COURT

Introduced By:
Senators Bissaillon, LaMountain, Ciccone, McKenney, Kallman, and
Famiglietti

Date Introduced:
January 16, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 14-1-7.2 of the General Laws in Chapter 14-1 entitled "Proceedings
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in Family Court" is hereby amended to read as follows:
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14-1-7.2. Certification — Proof.
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(a) Upon a motion by the attorney general pursuant to § 14-1-7, the court shall conduct a
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hearing at which it shall be the duty of the attorney general to produce evidence to enable the court
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to determine:
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(1) Probable cause exists to believe that the offense charged has been committed and that
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the child charged has committed it;
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(2) The child’s past history of offenses, history of treatment, or the heinous or premeditated
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nature of the offense is such that the court finds that the interests of society or the protection of the
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public necessitate the certification; and
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(3) The jurisdiction of the court but for the exercise of certification is in all likelihood an
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insufficient period of time in which to accomplish a rehabilitation of the child.
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(b) If the court finds that subdivisions (a)(1) — (a)(3) of this section have been proven by
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a preponderance of evidence, it shall certify the child pursuant to § 14-1-7.3.
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(c)
Any person sixteen (16) years of age or older who has been found delinquent for having
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committed two (2) offenses after the age of sixteen (16), which would render that person subject to
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an indictment if he or she were an adult, shall be certified pursuant to this section. Any findings for

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offenses which have occurred prior to April 11, 1990, shall be considered in making a determination
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of eligibility for certification.
Nothing in this section shall be construed to prohibit a waiver of
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jurisdiction of any child pursuant to § 14-1-7.1.
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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 DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN
FAMILY COURT
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This act would remove the mandatory certification for an individual sixteen (16) years or
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older who was found delinquent for having committed two (2) offenses after the age of sixteen (16)
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which would render the person subject to an indictment if the person was an adult.
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This act would take effect upon passage.
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