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2012 -- H 7847 | |
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LC01953 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE - SEARCH WARRANTS | |
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Introduced By: Representatives O`Neill, Lally, Ucci, Johnston, and Winfield | |
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Date Introduced: February 28, 2012 | |
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Referred To: House Judiciary | |
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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 | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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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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