2012 -- H 7847

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LC01953

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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 CRIMINAL PROCEDURE - SEARCH WARRANTS

     

     

     Introduced By: Representatives O`Neill, Lally, Ucci, Johnston, and Winfield

     Date Introduced: February 28, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-5-3 of the General Laws in Chapter 12-5 entitled "Search

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Warrants" is hereby amended to read as follows:

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     12-5-3. Issuance and contents. -- (a) A warrant shall issue only upon complaint in

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writing, under oath of:

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      (1) A chief of police, deputy chief of police or other members of the police force of any

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city or town, sheriff, or deputy sheriff of any county, member of the division of state police, full

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time conservation officer of the department of environmental management, or other person

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specifically authorized by law to bring complaints for violation of the law which it is his or her

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responsibility to enforce;

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      (2) Additionally, in the case of property stolen, embezzled, or obtained by fraud or false

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pretenses, any person who has a right to the possession of the property.

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      (3) Additionally, a sworn law enforcement member of any city or town where that

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member is serving on a statewide task force.

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      (b) Within fourteen (14) days of the issuance of any warrant under this chapter, whether

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or not executed, the warrant, accompanied by any supporting affidavits and an inventory of any

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property seized, shall be returned to the district court having jurisdiction over the place of the

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search or, in the event of a warrant that is not executed, the court from which it was issued. The

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returns shall be maintained by the district court according to the date of issuance. If not otherwise

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indicated, the return shall note whether the warrant was executed.

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     SECTION 2. This act shall take effect upon passage.

     

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LC01953

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE - SEARCH WARRANTS

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     This act would enable a member of law enforcement serving on a statewide task force to

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obtain a warrant based upon his complaint to a qualified law enforcement officer.

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     This act would take effect upon passage.

     

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LC01953

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H7847