Rhode Island General Laws 14-1-7. Waiver of jurisdiction or certification hearing
(a) If any child is charged with an offense which would be punishable by life imprisonment if committed by an adult, that child, upon motion of the attorney general, shall be brought before the court and the court shall conduct a waiver hearing pursuant to § 14-1-7.1.
Terms Used In Rhode Island General Laws 14-1-7
- Adult: means a person eighteen (18) years of age or older. See Rhode Island General Laws 14-1-3
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Child: means a person under eighteen (18) years of age. See Rhode Island General Laws 14-1-3
- court: means the family court of the state of Rhode Island. See Rhode Island General Laws 14-1-3
(b) Any child sixteen (16) years of age or older who is charged with an offense which would constitute a felony if committed by an adult shall, upon motion of the attorney general, be brought before the court and the court shall conduct a waiver hearing pursuant to § 14-1-7.1.
(c) Any child who is charged with an offense which would constitute a felony if committed by an adult shall, upon motion of the attorney general, be brought before the court and the court shall conduct a certification hearing pursuant to § 14-1-7.2.
(d) Any motion for waiver or certification shall be filed with the court within thirty (30) days of arraignment.
(e) In any hearing on a motion for waiver pursuant to § 14-1-7.1, the court may consider whether or not the child may be alternatively certified pursuant to § 14-1-7.2.
History of Section.
P.L. 1990, ch. 15, § 2; P.L. 1990, ch. 18, § 2.