2018 -- S 2143

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LC003747

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

     Introduced By: Senators Archambault, Lombardi, and Lombardo

     Date Introduced: January 23, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 11-47-2, 11-47-11, 11-47-12 and 11-47-18 of the General Laws in

Chapter 11-47 entitled "Weapons" are hereby amended to read as follows:

     11-47-2. Definitions.

     When used in this chapter, the following words and phrases are construed as follows:

     (1) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C.

§ 921.

     (2) "Crime of violence" means and includes any of the following crimes or an attempt to

commit any of them: murder, manslaughter, rape, first or second degree sexual assault, first or

second degree child molestation, kidnapping, first and second degree arson, mayhem, robbery,

burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or

delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a

controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21-

28-4.01.1 or 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a

dangerous weapon, assault or battery involving grave bodily injury, and/or assault with intent to

commit any offense punishable as a felony; upon any conviction of an offense punishable as a

felony offense under § 12-29-5.

     (3) "Firearm" includes any machine gun, pistol, rifle, air rifle, air pistol, "blank gun," "BB

gun," or other instrument from which steel or metal projectiles are propelled, or which may

readily be converted to expel a projectile, except crossbows, recurve, compound, or longbows,

and except instruments propelling projectiles which are designed or normally used for a primary

purpose other than as a weapon. The frame or receiver of the weapon shall be construed as a

firearm under the provisions of this section.

     (4) "Fugitive from justice" means any person who has fled from any state, territory, the

District of Columbia, or possession of the United States to avoid prosecution for a crime of

violence or to avoid giving testimony in any criminal proceeding.

     (5) "Licensing authorities" means the board of police commissioners of a city or town

where the board has been instituted, the chief of police or superintendent of police of other cities

and towns having a regular organized police force, and, in towns where there is no chief of police

or superintendent of police, it means the town clerk who may issue licenses upon the

recommendation of the town sergeant, and it also means any other person or body duly authorized

by the city or town charter or by state law.

      (6) "Machine gun" means any weapon which shoots, is designed to shoot, or can be

readily restored to shoot automatically more than one shot, without manual reloading, by a single

function of the trigger. The term also includes the frame or receiver of the weapon, any

combination of parts designed and intended for use in converting a weapon into a machine gun,

and any combination of parts from which a machine gun can be assembled if the parts are in the

possession or under the control of a person.

     (7) "Person" includes an individual, partnership, firm, association, or corporation.

     (8) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon with

overall length less than twenty-six inches (26"), but does not include any pistol or revolver

designed for the use of blank cartridges only.

     (9) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches

(26") and/or barrel length of less than sixteen inches (16").

     (10) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-six

inches (26") and/or barrel length of less than eighteen inches (18").

     (11) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire,

accept, and borrow, and "purchasing" shall be construed accordingly.

     (12) "Suitable person" means any person who is not prohibited by state law from

possessing a pistol or revolver. A person may be considered unsuitable if the licensing authority

has clear and convincing evidence that the person is a clear and present danger to themselves, or

to another person. Any person may be considered unsuitable if the police department or the

attorney general has some evidence which supports a good faith belief that they are a member of

a criminal street gang as defined in § 12-l 9-39.

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     11-47-11. License or permit to carry concealed pistol or revolver.

     (a) The licensing authorities of any city or town shall, upon application of any person

twenty-one (21) years of age or over having a bona fide residence or place of business within the

city or town, or of any person twenty-one (21) years of age or over having a bona fide residence

within the United States and a license or permit to carry a pistol or revolver concealed upon his or

her person issued by the authorities of any other state or subdivision of the United States, issue a

license or permit to the person to carry concealed upon his or her person a pistol or revolver

everywhere within this state for four (4) years from date of issue, if it appears that the applicant

has good reason to fear an injury to his or her person or property or has any other proper any

lawful reason for carrying a pistol or revolver, and that he or she is a suitable person to be so

licensed, subject to the provisions of §§ 11-47-12 and 11-47-15.

     (1) The license or permit shall be in triplicate in form to be prescribed by the attorney

general and shall bear the fingerprint, photograph, name, address, and description, and signature

of the licensee and the reason given for desiring a license or permit and of the permit holder. In in

no case shall it contain the serial number of any firearm. The original shall be delivered to the

licensee.

     (2) The licensing authority shall retain a copy of the permit for its records and send a

second copy to the Rhode Island attorney general. All permits issued or renewed pursuant to this

section shall be recorded in the Rhode Island criminal history database, or its successor system.

     (3) Any member of the licensing authority, its agents, servants, and employees shall be

immune from suit in any action, civil or criminal, based upon any official act or decision,

performed or made in good faith in issuing a license or permit under this chapter.

     (b) Notwithstanding any other chapter or section of the general laws of the state of Rhode

Island, the licensing authority of any city or town shall not provide or release to any individual,

firm, association or corporation the name, address, or date of birth of any person who has held or

currently holds a license or permit to carry a concealed pistol or revolver. This section shall not

be construed to prohibit the release of any statistical data of a general nature relative to age,

gender and racial or ethnic background nor shall it be construed to prevent the release of

information to parties involved in any prosecution of § 11-47-8 or in response to a lawful

subpoena in any criminal or civil action which the person is a party to that action.

     (c) The licensing authority shall, within fourteen (14) calendar days, return any

incomplete application to the applicant along with a written explanation, stating with specificity,

why the application is incomplete.

     (d) The licensing authority shall approve or deny a complete application within ninety

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(90) calendar days of receiving it.

     (1) Within seven (7) business days after approval, the license shall be made available for

the applicant to pick up in person or, at the request and expense of the applicant be delivered by

mail.

     (2) Any denial shall be in writing and state with specificity the reason(s) and evidence

upon which the licensing authority based its decision and the rationale for the denial.

     (3) Failure by the licensing authority to approve or deny within the time allowed shall

constitute a denial for the sole purpose of permitting an appeal by the applicant and for no other

purpose, and shall create a presumption that no evidence exists indicating that the applicant is

unsuitable.

     (e) Any permit issued pursuant to this section is eligible to be renewed if it is not expired,

or has been expired for less than one year. Any person whose permit has been expired for one

year or more may apply for a new permit under this section.

     (f) Each licensing authority shall make its application available to any person by:

     (1) Posting it on its website, if it has one; and

     (2) Making it immediately available, free of charge, to any person who requests it; and

     (3) Upon request, providing a copy by US mail.

     (g) All applications shall include two (2) forms of identification, such as a driver's

license, state issued non-driver ID card, concealed carry permit issued by any state or political

subdivision of any state, passport, immigration documentation, military ID, student ID, social

security card or a birth certificate. At least one of these must be a government issued photo ID.

     (1) The licensing authority may only use the applicant's social security number for the

background check.

     (h) All applications shall include an FBI fingerprint card (FD-258), or successor version,

or provide fingerprints by livescan, with the application, except that this shall not be a

requirement for a renewal applicant.

     (i) All Applications shall include a copy of the instructor's credentials for the instructor

who certified their firing score on their application.

     (j) All licensing authorities of a city or town shall use the following application:

Application for a concealed carry license pursuant to § 11-47-11

Name_________________________________________________________________________

Address_______________________________________________________________________

(Street and number) (City or Town) (State)

Date of Birth________________________ Place of Birth______________________________

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Height__________ Weight_________ Color hair__________ Color eyes___________

Are you a citizen of the United States? ________

If you are not a US citizen, please list your admission number_____________________________

ARMY L or RI COMBAT COURSE shooting score____________________________________

Name and certification number of NRA or RI instructor_________________________________

Signature of instructor____________________________________________________________

Have you ever been convicted of a crime of violence (pursuant to § 11-47-2)?___________

Are you a fugitive from justice (pursuant to § 11-47-2)?________________

Have you ever been adjudicated as being addicted to a controlled substance

(pursuant to § 11-47-6)? _________

Have you ever been adjudicated as being mentally incompetent (pursuant to § 11-47-

6)?________

Have you been dishonorably discharged from the United States Military? _________

To your knowledge, are you prohibited by federal or state law from possessing a firearm? ______

For what lawful purpose do you seek to carry a pistol or revolver?_________________________

Applicant's signature_____________________________________________________________

(See § 11-47-23 for penalty for false information provided on this application)

     AFFIDAVIT: I certify that I have read and am familiar with the provisions of the

Firearms Act, Chapter 47 of Title 11, of the general laws of the State of Rhode Island and

Providence Plantations, and that I am aware of the penalties for violation of the provisions of the

cited sections.

     Signed__________________________________________________________________

     County of

     State of Rhode Island (or other jurisdiction)

     Subscribed and sworn before me this (month, date, year)

     Notary Public

     (k) No licensing authority shall require any additional forms, standards, information, or

other additional requirements unless specifically requested by, or provided by, the applicant.

     (l) The licensing authority shall establish and maintain an emergency permit extension on

the renewal application for a license to carry a concealable weapon.

     (1) The emergency permit extension is only available to renewal applicants who, at the

time of the application, have an unexpired four (4) year city or town issued license to carry a

concealable weapon and who must maintain this license for work purposes.

     (2) A complete renewal application must be delivered to the licensing authority prior to

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the license expiration date.

     (3) The licensing authority shall, within three (3) business days of receipt of the renewal

application if there is no material change in the renewal application, no material change in need

and no change in applicant's criminal history, automatically approve and make available the

emergency permit.

     (4) A fee of fifty dollars ($50.00) shall be charged and shall be paid to the licensing

authority for the emergency permit extension upon the issuance of the emergency permit.

     (5) An emergency license to carry a concealable weapon will be valid for ninety (90)

days only.

     (6) Nothing in the emergency permit extension section shall be construed or interpreted

to stay or toll the time periods in the renewal process as outlined in subsection (h) of this section.

     11-47-12. License to carry weapon fee.

     A fee of forty dollars ($40.00) shall be charged and shall be paid for each license or

permit a license or permit to carry a weapon to the licensing authority issuing it and/or the

attorney general upon issuance. No additional fees or costs of any type shall be charged for any

reason, except, that the actual fee charged by the FBI to process fingerprints may be charged to

the applicant. Every license or permit shall be valid for four (4) years from the date when issued

unless sooner revoked, subject only to the emergency provision contained herein. The fee charged

for issuing of the license or permit shall be applied for the use and benefit of the city, town, or

state of Rhode Island office of the attorney general.

     11-47-18. License or permit issued by attorney general on showing of need --

Issuance to retired police officers.

     (a) The attorney general may issue a license or permit to any person twenty-one (21)

years of age or over to carry a pistol or revolver, whether concealed or not, upon his or her person

everywhere within this state for four (4) years from date of issue upon a proper showing of need,

and that they are a suitable person to be so licensed, subject to the provisions of §§ 11-47-12 and

11-47-15; .

     (1) A license to carry a pistol or revolver that license or permit may be issued

notwithstanding the provisions may not be issued to and shall be immediately revoked for an

individual who is in violation of § 11-47-7.

      (b) All state police officers and permanent members of city and town police forces of

this state who have retired in good standing after at least twenty (20) years of service, or retired in

good standing due to a physical disability other than a psychological impairment, may shall be

issued a license or permit by the attorney general subject to the provisions of §§ 11-47-12 and 11-

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47-15. The term "in good standing" means that at the time of retirement, the police officer was

not facing disciplinary action that could have resulted in his or her termination for misconduct or

unfitness for office. Any member of the licensing authority, and its agents, servants, and

employees shall be immune from suit in any action, civil or criminal, based upon any official act

or decision, performed or made in good faith in issuing a license or permit under this chapter.

     (c) Notwithstanding any other chapter or section of the general laws of the state of Rhode

Island, the attorney general shall not provide or release to any individual, firm, association or

corporation the name, address, or date of birth of any person who has held or currently holds a

license or permit to carry a concealed pistol or revolver. This section shall not be construed to

prohibit the release of any statistical data of a general nature relative to age, gender and racial or

ethnic background nor shall it be construed to prevent the release of information to parties

involved in any prosecution of § 11-47-8 or in response to a lawful subpoena in any criminal or

civil action which said person is a party to such action.

     (d) The attorney general's application for a license to carry a pistol or revolver shall be

filled out completely by the applicant, dated and signed by the applicant and notarized.

     (e) The attorney general may request only the following information on the application:

     (1) Applicant's full name, prior name if legally changed, all nicknames and aliases, full

residence address and mailing address if different (no post office boxes accepted).

     (2) All applicant's available phone numbers including, but not limited to, business,

cellular, mobile and land line phone numbers.

     (3) The applicant's height, weight, color of eyes and hair, date and place of birth, full

Social Security number.

     (4) Applicant's occupation, job description, years of employment and employer's full

address and contact information, except that this information may be only be required if the

permit is being requested as a condition of employment with a specific company.

     (5) Applicant's proof of citizenship, length of citizenship and if applicant is not a citizen

of the United States, a copy of both sides of a current and valid alien registration card or work

authorization card.

     (6) A listing of all of the applicant's address for the last three (3) years, including the full

address with dates of residence.

     (7) Information relating to the applicants arrest record including, but not limited to, the

date applicant was arrested, the name of the city/town or arresting agency, the state the arrest

occurred in, the arresting charge and disposition.

     (8) Information relating to the applicant's plea of nolo contendere to any charge or

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violation including, but not limited to, the date applicant was arrested, the name of the city/town

or arresting agency, the state the plea occurred in, the arresting charge and disposition.

     (9) Information relating to the applicant's conviction record including, but not limited to,

the date applicant was arrested, the name of the city/town or arresting agency, the state the arrest

occurred in, the arresting charge and disposition.

     (10) Information relating to the applicant's indictment in any court for a crime punishable

for more than one year including, but not limited to, the name of the city/town or indicting

agency, the state of the indictment, the indicting charge and disposition.

     (11) Information relating to the applicant if they were ever under a guardianship or been

subject to confinement by virtue of being a mental incompetent, or have been adjudicated or are

under treatment or confinement as a drug addict including, but not limited to, the dates thereof.

     (12) Information relating to the applicant's current and prior applications for a permit to

carry a pistol or revolver from the attorney general, any local city or town, or any other state

including, but not limited to, if any permit is active, denied or revoked, with the dates and reasons

thereof. The attorney general may require notarized photocopies of the front and back of all valid

permits.

     (13) All nonresident applicants must include a copy of both the front and the back of their

home state permit, if they have one.

     (f) The attorney general may require only the following with the application:

     (1) A dated, signed and notarized typed statement from the applicant outlining the

applicant's specific reasons and details regarding their need for a Rhode Island permit. If the

permit is to be used for employment, a typed and signed letter of explanation must be submitted

on the applicant's letterhead and included with the application. In addition, the applicant must

submit a copy of the business license or other such evidence that the business exists.

     (2) Enclose two (2) 1" x 1" pictures of the applicant taken without headgear or glasses.

This photo must be a clear, colored picture of the head and face. The applicant must print their

name on the back of each picture. No laminated photos will be accepted.

     (3) Copies of both the front and the back of two (2) types of positive identification for the

applicant. Examples include, but are not limited to, birth certificate, United States passport, a

Rhode Island or other state driver's license or a Rhode Island identification card, concealed carry

permit issued by any state or political subdivision of any state, military ID, student ID or social

security card. At least one of these must be a government issued photo ID. The photocopies

submitted must be signed and dated by a notary public attesting to the photocopies as being true

copies.

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     (i) The licensing authority may only use the applicant's social security number for the

background check.

     (4) The application must include the applicant's full set of fingerprints submitted on an

FBI fingerprint applicant card (FD-258 (Rev. 12-29-82 or successor version)) included with the

application. Fingerprint card must be signed by applicant. This is not necessary for a renewal

application

     (5) Three (3) dated, signed and notarized typed reference letters from individuals who

personally know the applicant. The individuals used as references must include on the letters the

following information: their full names, residence address, phone number with area code and the

years they have known the applicant. An applicant's reference letter dated more than one hundred

twenty (120) days prior to the date of the permit application will be considered invalid. Reference

letters must be written by the reference, not the applicant, and cannot be identical. This

requirement is not necessary for a renewal application.

     (6) A certification that the applicant has qualified in accordance with § 11-47-15 (law

enforcement personnel may submit a certification of the RI combat course). An N.R.A. instructor

or a police range office must sign and complete the certification which shall include the date of

the qualification, the printed name, phone number of the instructor, instructor N.R.A. number, the

caliber of the weapon and the applicant's score. An applicant's qualification certification dated

more than one year prior to the date of the permit application will be considered invalid.

     (7) A copy of the N.R.A. instructor certification and/or the police officers range

certification must be submitted with the application.

     (8) The applicant's legal residence may be required. The residency requirement may be

satisfied by any one of the following methods:

     (i) Application may be signed by the applicant's local licensing authority;

     (ii) Application may be signed by the city or town chief of police;

     (iii) Application may be signed by the city or town clerk; or

     (iv) Applicant may submit a certified or notarized copy the applicant's voter registration

card.

     (9) The applicant shall sign an affidavit certifying that they have read and are familiar

with the provision of the firearms act, §§ 11-47-1 through 11-47-64, and acknowledge the

penalties for violations of the provisions of the cited sections. They shall further attest that any

alteration of the permit is just cause for revocation. The affidavit shall be dated and notarized and

shall indicate the date it was submitted to the licensing authority or the police department.

     (g) The attorney general shall, within ninety (90) days for an in-state applicant or one

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hundred twenty (120) days for an out-of-state applicant from the receipt of a complete application

either approve or deny the application.

     (1) If the application is approved, the attorney general may require the applicant to be

present in the offices of the attorney general to sign and submit a fingerprint for the permit.

     (2) If the attorney general denies the application, the applicant shall be notified, either by

mail or by phone, that the entire application is available for pick-up by the applicant. Any denial

shall be in writing and state with specificity the reason(s) and evidence upon which the denial was

based and the rationale for the denial.

     (3) If the attorney general deems the application incomplete, then the applicant shall be

notified, either by mail or by phone, within five (5) business days from submitting the

application, that the entire application is available for pick-up by the applicant along with a

written response stating the reason(s) why the application was deemed incomplete.

     (h) The provisions of §§ 11-47-35 and 11-47-35.2 shall not apply to persons licensed

under §11- 47-18.

     (i) The attorney general's renewal application for a license to carry a pistol or revolver

shall be as follows:

     (1) The applicant must submit a fully complete, signed, dated and notarized renewal

application to the attorney general prior to the expiration date of the permit.

     (2) The renewal application shall include only the information included in subsection

(e)(1) of this section and shall only contain the requirements included in subsection (f)(2) of this

section, with the following exceptions:

     (i) The three (3) dated, signed and notarized typed reference letters from individuals who

personally know the applicant are not required upon renewal.

     (ii) The fingerprint card requirement is not required upon renewal.

     (3) The attorney general shall within thirty (30) days of receipt of the renewal

application, if there is no material change in the applicant's renewal application, no material

change in need and no change in the applicant's criminal history, automatically approve the

renewal application.

     (j) The attorney general shall establish and maintain an emergency permit extension on

the renewal application for a license to carry a pistol or revolver.

     (1) The emergency permit extension is only available to renewal applicants who, at the

time of the application, have an unexpired four (4) year attorney general license to carry a pistol

or revolver and who must maintain this license for work purposes.

     (2) A complete renewal application must be delivered to the department of the attorney

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general prior to the license expiration date.

     (3) The attorney general shall, within three (3) business days of receipt of the renewal

application, if there is no material change in the applicant's renewal application, no material

change in need and no change in applicant's criminal history, automatically approve and make

available the emergency permit.

     (4) A fee of fifty dollars ($50.00) shall be charged and shall be paid to the attorney

general for the emergency permit extension upon the issuance of the emergency permit.

     (5) An emergency license to carry a pistol or revolver will be valid for ninety (90) days

only.

     (6) Nothing in the emergency permit extension section shall be construed or interpreted

to stay or toll the time periods in the renewal process as outlined in subsection (h) of this section.

     SECTION 2. Chapter 11-47 of the General Laws entitled "Weapons" is hereby amended

by adding thereto the following section:

     11-47-64. Review and appeal of the decision of the licensing authority or attorney

general.

     (a) A decision denying a firearms permit pursuant to either §§ 11-47-11 or 11-47-18 shall

be final unless further review and/or appeal is initiated in writing within fifteen (15) days after the

decision has been mailed to the applicant at the address listed on the application.

     (b) An aggrieved individual may submit a written request to reconsider the denial to the

licensing authority or the department of the attorney general. The request must be submitted

within fifteen (15) days after the decision has been mailed to the address provided by the

applicant.

     (1) The licensing authority or the department of the attorney general shall schedule and

conduct an in-person meeting within fourteen (14) days of the request to review and discuss the

decision. Said meeting shall only be scheduled or rescheduled beyond the initial fourteen (14) day

period by agreement of the parties and/or for good cause, but in no event exceed sixty (60) days.

     (2) The applicant may submit any supplemental documentation or written evidence

relative to the application, which shall become part of the application.

     (3) The meeting shall be conducted as an informal meeting, not as an administrative

hearing. The licensing authority or the department of the attorney general shall receive and

consider documents and other evidence without regard to statutory and common law rules. No

stenographic record, transcription, video, audio or other recording is allowed.

     (4) The applicant may be represented at this meeting by an attorney.

     (5) The licensing authority or the department of the attorney general shall within seven

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(7) days after the meeting mail a decision to the applicant granting or denying the application.

Any denial shall be in writing and state with specificity the reason(s) and evidence upon which

the denial was based and the rationale for the denial.

     (c) An aggrieved individual may submit an appeal of the decision denying a firearms

permit pursuant to either § 11-47-11 or § 11-47-18 or of the decision of the request to reconsider

to the superior court of the state of Rhode Island for the county in which the licensing authority or

attorney general is located, in the form of a miscellaneous petition, within fifteen (15) days after

the decision has been mailed to the applicant at the address listed on the application.

     (1) The petition for review shall state the grounds upon which review is sought, but need

not be verified.

     (2) Upon appeal, the petitioner is entitled to a trial de novo before a justice of the superior

court without a jury.

     (3) Within thirty (30) days of the notice of appeal the licensing authority or attorney

general shall provide a full, complete and certified copy of the application and all submitted

documents to both the petitioner and the superior court.

     (d) Pursuant to chapter 2 of title 38, the request to reconsider and the appeal to superior

court, shall not be deemed public. All documents, records and proceedings before the licensing

authority, the department of the attorney general and the superior court are not open to the public

but may be accessed by law enforcement personnel to be used for law enforcement purposes only

and shall remain otherwise confidential.

     (e) An applicant may have their hearing open to the public upon written request to the

superior court.

     (f) The superior court shall award reasonable attorneys' fees, costs and filing fees to the

prevailing applicant if the court finds that there is no justiciable issue of either law of fact or to

the prevailing applicant if the licensing authority or the department of the attorney general did not

have a good faith basis in the denial of the license or permit.

     SECTION 3. Section 38-2-2 of the General Laws in Chapter 38-2 entitled "Access to

Public Records" is hereby amended to read as follows:

     38-2-2. Definitions.

     As used in this chapter:

     (1) "Agency" or "public body" means any executive, legislative, judicial, regulatory, or

administrative body of the state, or any political subdivision thereof; including, but not limited to:

any department, division, agency, commission, board, office, bureau, authority; any school, fire,

or water district, or other agency of Rhode Island state or local government that exercises

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governmental functions; any authority as defined in § 42-35-1(b); or any other public or private

agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of

any public agency.

     (2) "Chief administrative officer" means the highest authority of the public body.

     (3) "Public business" means any matter over which the public body has supervision,

control, jurisdiction, or advisory power.

     (4) "Public record" or "public records" shall mean all documents, papers, letters, maps,

books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data

processing records, computer stored data (including electronic mail messages, except specifically

for any electronic mail messages of or to elected officials with or relating to those they represent

and correspondence of or to elected officials in their official capacities), or other material

regardless of physical form or characteristics made or received pursuant to law or ordinance or in

connection with the transaction of official business by any agency. For the purposes of this

chapter, the following records shall not be deemed public:

     (A) (I) (a) All records relating to a client/attorney relationship and to a doctor/patient

relationship, including all medical information relating to an individual in any files.

     (b) Personnel and other personal individually identifiable records otherwise deemed

confidential by federal or state law or regulation, or the disclosure of which would constitute a

clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided,

however, with respect to employees, and employees of contractors and subcontractors working on

public works projects that are required to be listed as certified payrolls, the name, gross salary,

salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other

remuneration in addition to salary, job title, job description, dates of employment and positions

held with the state, municipality, employment contract, or public works contractor or

subcontractor on public works projects work location, and/or project, business telephone number,

the city or town of residence, and date of termination shall be public. For the purposes of this

section "remuneration" shall include any payments received by an employee as a result of

termination, or otherwise leaving employment, including, but not limited to, payments for

accrued sick and/or vacation time, severance pay, or compensation paid pursuant to a contract

buy-out provision.

     (II) Notwithstanding the provisions of this section, or any other provision of the general

laws to the contrary, the pension records of all persons who are either current or retired members

of any public retirement systems, as well as all persons who become members of those retirement

systems after June 17, 1991, shall be open for public inspection. "Pension records" as used in this

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section, shall include all records containing information concerning pension and retirement

benefits of current and retired members of the retirement systems and future members of said

systems, including all records concerning retirement credits purchased and the ability of any

member of the retirement system to purchase retirement credits, but excluding all information

regarding the medical condition of any person and all information identifying the member's

designated beneficiary or beneficiaries unless and until the member's designated beneficiary or

beneficiaries have received or are receiving pension and/or retirement benefits through the

retirement system.

     (B) Trade secrets and commercial or financial information obtained from a person, firm,

or corporation that is of a privileged or confidential nature.

     (C) Child custody and adoption records, records of illegitimate births, and records of

juvenile proceedings before the family court.

     (D) All records maintained by law enforcement agencies for criminal law enforcement

and all records relating to the detection and investigation of crime, including those maintained on

any individual or compiled in the course of a criminal investigation by any law enforcement

agency. Provided, however, such records shall not be deemed public only to the extent that the

disclosure of the records or information (a) could reasonably be expected to interfere with

investigations of criminal activity or with enforcement proceedings; (b) would deprive a person

of a right to a fair trial or an impartial adjudication; (c) could reasonably be expected to constitute

an unwarranted invasion of personal privacy; (d) could reasonably be expected to disclose the

identity of a confidential source, including a state, local, or foreign agency or authority, or any

private institution that furnished information on a confidential basis, or the information furnished

by a confidential source; (e) would disclose techniques and procedures for law enforcement

investigations or prosecutions, or would disclose guidelines for law enforcement investigations or

prosecutions; or (f) could reasonably be expected to endanger the life or physical safety of any

individual. Records relating to management and direction of a law enforcement agency and

records or reports reflecting the initial arrest of an adult and the charge or charges brought against

an adult shall be public.

     (E) Any records that would not be available by law or rule of court to an opposing party

in litigation.

     (F) Scientific and technological secrets and the security plans of military and law

enforcement agencies, the disclosure of which would endanger the public welfare and security.

     (G) Any records that disclose the identity of the contributor of a bona fide and lawful

charitable contribution to the public body whenever public anonymity has been requested of the

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public body with respect to the contribution by the contributor.

     (H) Reports and statements of strategy or negotiation involving labor negotiations or

collective bargaining.

     (I) Reports and statements of strategy or negotiation with respect to the investment or

borrowing of public funds, until such time as those transactions are entered into.

     (J) Any minutes of a meeting of a public body that are not required to be disclosed

pursuant to chapter 46 of title 42.

     (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work

products, including those involving research at state institutions of higher education on

commercial, scientific, artistic, technical, or scholarly issues, whether in electronic or other

format; provided, however, any documents submitted at a public meeting of a public body shall

be deemed public.

     (L) Test questions, scoring keys, and other examination data used to administer a

licensing examination, examination for employment or promotion, or academic examinations;

provided, however, that a person shall have the right to review the results of his or her

examination.

     (M) Correspondence of or to elected officials with or relating to those they represent and

correspondence of or to elected officials in their official capacities.

     (N) The contents of real estate appraisals, engineering, or feasibility estimates and

evaluations made for or by an agency relative to the acquisition of property or to prospective

public supply and construction contracts, until such time as all of the property has been acquired

or all proceedings or transactions have been terminated or abandoned; provided the law of

eminent domain shall not be affected by this provision.

     (O) All tax returns.

     (P) All investigatory records of public bodies, with the exception of law enforcement

agencies, pertaining to possible violations of statute, rule, or regulation other than records of final

actions taken, provided that all records prior to formal notification of violations or noncompliance

shall not be deemed to be public.

     (Q) Records of individual test scores on professional certification and licensing

examinations; provided, however, that a person shall have the right to review the results of his or

her examination.

     (R) Requests for advisory opinions until such time as the public body issues its opinion.

     (S) Records, reports, opinions, information, and statements required to be kept

confidential by federal law or regulation or state law or rule of court.

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     (T) Judicial bodies are included in the definition only in respect to their administrative

function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt

from the operation of this chapter.

     (U) Library records that, by themselves or when examined with other public records,

would reveal the identity of the library user requesting, checking out, or using any library

materials.

     (V) Printouts from TELE -- TEXT devices used by people who are deaf or hard of

hearing or speech impaired.

     (W) All records received by the insurance division of the department of business

regulation from other states, either directly or through the National Association of Insurance

Commissioners, if those records are accorded confidential treatment in that state. Nothing

contained in this title or any other provision of law shall prevent or be construed as prohibiting

the commissioner of insurance from disclosing otherwise confidential information to the

insurance department of this or any other state or country, at any time, so long as the agency or

office receiving the records agrees in writing to hold it confidential in a manner consistent with

the laws of this state.

     (X) Credit card account numbers in the possession of state or local government are

confidential and shall not be deemed public records.

     (Y) Any documentary material, answers to written interrogatories, or oral testimony

provided under any subpoena issued under Rhode Island general law § 9-1.1-6.

     (Z) Any individually identifiable evaluations of public school teachers made pursuant to

state or federal law or regulation.

     (AA) All documents prepared by school districts intended to be used by school districts

in protecting the safety of their students from potential and actual threats.

     (BB) All documents, records, and proceedings pursuant to the firearms act appeals

pursuant to § 11-47-64, before a licensing authority, the department of attorney general and the

superior court are not open to the public.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WEAPONS

***

     This act would make numerous changes to the procedures regarding the issuance of

concealed carry permits, the fees associated with their issuance, and the public records accessible

by the public in relating thereto.

     This act would take effect upon passage.

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