2012 -- H 7085 AS AMENDED

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LC00120

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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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:

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

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

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

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

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investigation.

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

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

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

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

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state and local law enforcement resources; and

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

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attorney general.

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

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more than five (5) field investigators and support personnel, all of whom shall be designated by

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the attorney general. The chief and the field investigators shall have the following powers:

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

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enforcement agencies;

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

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designated deputy, apply for and execute search warrants; and

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

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

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

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

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

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

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

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

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

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

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

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experience.

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

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

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

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

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

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

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

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enforcement agencies.

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     SECTION 2. This act shall take effect upon passage.

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LC00120

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF ATTORNEY

GENERAL

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

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department of attorney general.

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     This act would take effect upon passage.

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LC00120

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