2012 -- H 7085 SUBSTITUTE A

=======

LC00120/SUB A/2

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF ATTORNEY

GENERAL

     Introduced By: Representatives Keable, Jackson, and Lally

     Date Introduced: January 11, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 42-9-8.1 of the General Laws in Chapter 42-9 entitled "Department

1-2

of Attorney General" is hereby amended to read as follows:

1-3

     42-9-8.1 Office of investigation – Powers and duties of investigators. – (1)

1-4

Establishment. There is hereby established within the department of attorney general an office of

1-5

investigation.

1-6

     (2) Scope and purpose. The scope and purpose of the office of investigation shall be:

1-7

     (a) To assist special assistant and assistant attorneys general in carrying out investigations

1-8

relating to grand jury investigations, pre-trial preparation and other litigation efforts;

1-9

     (b) To coordinate their efforts in investigating criminal activity with existing federal,

1-10

state and local law enforcement resources; and

1-11

     (c) To initiate criminal investigations for violations of the law at the direction of the

1-12

attorney general.

1-13

     (3) Composition and powers. The office of investigation shall consist of a chief, and not

1-14

more than five (5) field investigators, all of whom shall be designated by the attorney general, and

1-15

support personnel. The chief and the field investigators shall have the following powers:

1-16

     (a) The power to arrest independently or in conjunction with local, state or federal law

1-17

enforcement agencies;

1-18

     (b) The power to, with the written authorization by the attorney general or his or her

1-19

designated deputy, apply for and execute search warrants; and

2-1

      (4) Qualifications. No person shall be appointed as chief of the office of investigation or

2-2

as a field investigator in the office unless he or she has successfully completed the basic course of

2-3

instruction for police officers at the Providence police training academy, the Rhode Island

2-4

municipal police training academy, or the Rhode Island state police training academy, and has at

2-5

least three (3) years of active law enforcement experience, or has served as a member of the

2-6

United States Marshal's Service or as a special agent of the Federal Bureau of Investigation, a

2-7

criminal law enforcement agency of the United States Department of Justice, the United States

2-8

Department of State, the United States Department of the Treasury or the United States Postal

2-9

Inspection Service and has at least three (3) years of active law enforcement experience, or has

2-10

been certified as a police officer by the duly-constituted state commission on police officer

2-11

standards and training of another state, and has at least three (3) years of active law enforcement

2-12

experience.

2-13

     (5) Appointment background check. The attorney general shall appoint the chief, field

2-14

investigators, and the support personnel of the office of investigation. Prior to the appointment of

2-15

any individuals, a background examination shall be conducted utilizing federal, state and local

2-16

law enforcement agencies, bureau of criminal identification, national crime information center,

2-17

and any and all relevant records existing within the federal and state court systems.

2-18

     (6) Standards. The office shall adopt and implement such standards as may be applicable

2-19

to its scope and purpose as promulgated by the commission for the accreditation of law

2-20

enforcement agencies.

2-21

     SECTION 2. This act shall take effect upon passage.

=======

LC00120/SUB A/2

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF ATTORNEY

GENERAL

***

3-1

     This act would eliminate the statutory limit on the number of investigators within the

3-2

department of attorney general.

3-3

     This act would take effect upon passage.

=======

LC00120/SUB A/2

=======