2018 -- S 2420

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LC003453

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - TRIAL

     

     Introduced By: Senators Archambault, Metts, Jabour, Lynch Prata, and Lombardi

     Date Introduced: February 15, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 12-17 of the General Laws entitled "Trial" is hereby amended to by

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adding thereto the following section:

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     12-17-17. Fact disclosure.

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     (a) Short title. This section shall be known and may be cited as the "Fair, Complete and

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Timely Disclosure Act" or "Fact Disclosure Act."

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     (b) Legislative findings and intent. In addition to the defendant's right to discovery set

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forth in ยง 12-17-16, the general assembly hereby finds that the obligation to disclose discoverable

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information in a timely fashion required by criminal court rules and decisions, when observed in

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the breach, infringes upon the rights of the state, defendant, and victims of crime, the fair,

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efficient, and orderly administration of justice, and negatively impacts the primary function of the

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court to discern the truth and arrive at a fair and just result in a timely fashion. It is the intent of

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the legislature in enacting this section to ensure compliance with criminal court rules and

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decisions in order that criminal cases may proceed to a fair and just result in an orderly and timely

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fashion and not to create additional rights or negate those rights already in place.

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     (c) Compliance and certification.

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     (1) Upon the filing of a motion for discovery by either the defense or state under court

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rules and upon the request of the party filing the motion, the court may set a date for compliance

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consistent with the amount of material sought, the anticipated difficulty in obtaining it, and what

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person, organization, or entity is thought to be in possession of the material. Reasonable

 

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extensions of time for compliance may be granted by the court upon the request of either party.

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     (2) Upon the filing of a motion for exculpatory evidence under court decisions and

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request by the defendant, the court may set a date for compliance consistent with the amount of

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material sought, the difficulty in obtaining it, and what person, organization, or entity is in

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possession of the material. In making such requests, the defense should specify as much as

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possible the nature of the material sought and why it is thought to be exculpatory. Reasonable

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extensions of time for compliance may be granted by the court upon the request of either party.

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     (3) Prior to the expiration of the date set by the court for compliance under this section,

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the state and defense must certify in writing that they have exercised due diligence in complying

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with their obligations to disclose the information requested pursuant to court rule or decisions

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after which either party may request a hearing before the court to address issues of compliance,

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privilege, and protective orders.

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     (4) If at any time after the expiration of the date set by the court for compliance under this

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section, counsel discovers additional material required to be disclosed by court rules or decisions,

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counsel shall promptly notify the court and the other party of the existence of the additional

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material and shall provide it forthwith. Thereafter and upon request of either party, the court may

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hold a hearing after which it may grant a continuance, prohibit the introduction of materials not

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previously disclosed, or grant such other relief as it deems just.

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     (d) Fact disclosure task force.

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     (1) In order to:

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     (i) Encourage the timely disclosure of discoverable information as required by criminal

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court rules and decisions;

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     (ii) Promote the fair, efficient, and orderly administration of justice;

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     (iii) Enhance the primary function of the court to discern the truth and arrive at a fair and

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just result in a timely fashion; and

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     (iv) Further improve upon the already high quality of criminal justice in our state, the

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general assembly creates the fact disclosure task force. It shall be the duty of the task force to

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investigate and make recommendations for any changes it deems necessary to the law, court

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rules, or to policies and procedures currently in place to enhance the timely and complete

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disclosure of discoverable material in criminal cases.

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     (2) The task force shall be comprised of the following or their designees:

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     (i) The attorney general;

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     (ii) The public defender;

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     (iii) The president of the Rhode Island Police Chiefs' Association;

 

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     (iv) The president of the Rhode Island Bar Association;

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     (v) The president of the Rhode Island Association of Criminal Defense Lawyers;

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     (vi) A representative from the Roger Williams University School of Law;

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     (vii) The executive director of the Rhode Island commission for human rights;

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     (viii) The superintendent of the Rhode Island state police; and

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     (ix) The public safety commissioner for the city of Providence.

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     (3) The attorney general and public defender shall serve as co-chairpersons of the task

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force and have the authority to call for and designate the time and place of meetings. A majority

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of members shall constitute a quorum, but a lesser number may hold meetings. The task force

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shall act only on an affirmative vote of a majority of those voting. All departments and agencies

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of the state shall furnish such advice and information, documentary and otherwise, to the task

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force and its agents as is deemed necessary or desirable by the task force to facilitate the purposes

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of this section.

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     (4) The task force, in consultation with judges, practitioners, and appropriate experts in

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the field, shall study and make recommendations for any changes it deems necessary to the law,

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court rules, or to policies and procedures currently in place to enhance the timely and complete

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disclosure of discoverable material in criminal cases. The task force may also consider and make

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recommendations that include, but are not limited to, additional in-house or outside training for

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attorneys and law enforcement personnel, promulgation of protocols to enhance inter-agency

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cooperation, standardization of procedures, the sharing of information via the internet or other

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secure electronic means and the potential use of sanctions to ensure compliance.

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     (5) The task force shall submit a report on its recommendations. The report shall be

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presented to the governor, the chief justice of the Rhode Island supreme court, the presiding

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justice of the superior court, the chief judge of the district court, the chief judge of the family

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court, the speaker of the house of representatives, the president of the senate, and the chairpersons

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of the judiciary committees of both the house of representatives and the senate no later than

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January 1, 2020. The task force shall meet periodically thereafter in order to assess the impact of

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its recommendations. Said meetings shall be called by agreement of the attorney general and

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public defender. A supplemental report from the task force may be delivered in the same manner

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as its initial report. The task force shall cease to exist as of January 1, 2022.

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     SECTION 2. 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 PROCEDURE - TRIAL

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     This act would establish a compliance and certification procedure relating to criminal

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pre-trial discovery and would create a fact disclosure task force consisting of nine (9) members to

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investigate and make recommendations to enhance the timely and complete disclosure of

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discoverable material in criminal cases.

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     This act would require the task force to file a report containing its recommendations to

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the governor, the general assembly and the courts by January 1, 2020 with subsequent meetings

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to assess the impact of its recommendations and the filing of supplemental reports up to its

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dissolution date of January 1, 2022.

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     This act would take effect upon passage.

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