2019 -- S 0706

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LC001836

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- GRAND JURIES

     

     Introduced By: Senators McCaffrey, and Lynch Prata

     Date Introduced: March 21, 2019

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-11-1 of the General Laws in Chapter 12-11 entitled "County

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Grand Juries" is hereby amended to read as follows:

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     12-11-1. Number of members.

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     The grand jury shall consist of not less than thirteen (13) nor more than twenty-three (23)

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persons. Whenever the attorney general shall by motion in writing make application to any justice

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of the superior court for a grand jury to consist of twenty-three (23) persons, the motion shall

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immediately be granted. A county grand jury may issue reports consistent with the provisions of §

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12-11.1-5.2.

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     SECTION 2. Section 12-11.1-1 of the General Laws in Chapter 12-11.1 entitled

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"Statewide Grand Juries" is hereby amended to read as follows:

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     12-11.1-1. Statewide grand jury -- Size and powers.

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     A statewide grand jury shall consist of not less than thirteen (13) nor more than twenty-

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three (23) persons. The jurisdiction of a statewide grand jury shall extend throughout the state and

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it may investigate and return indictments for crimes committed any place within the state, and

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may issue reports consistent with the provisions of § 12-11.1-5.2. A statewide grand jury shall in

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all other respects possess the usual powers and duties of county grand juries.

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     SECTION 3. Chapter 12-11.1 of the General Laws entitled "Statewide Grand Juries" is

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hereby amended by adding thereto the following section:

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     12-11.1-5.2. Grand jury reports.

 

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     (a) Any grand jury may, at any time during its term, submit to the presiding justice of the

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superior court a grand jury report to be released to the public. A grand jury report may be

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submitted only upon the concurrence of twelve (12) or more jurors and shall be signed by each

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juror who concurred.

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     (b) Within thirty (30) days after receiving a report from the grand jury prepared pursuant

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to subsection (a) of this section, the superior court shall notify in writing all persons or entities

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named in the grand jury report, to give the persons or entities an opportunity to review the grand

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jury report and prepare a response to be submitted to the superior court. Any responses shall be

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submitted to the superior court within thirty (30) days after notification, and shall indicate

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whether or not the respondent agrees to the public release of the response. Any proceedings

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pursuant to this subsection shall be sealed until ordered otherwise by the superior court.

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     (c) The superior court shall examine the report and issue an order accepting and filing the

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report, in whole or in part, including any responses that the respondent has agreed to release, as a

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public record only if the superior court is satisfied that:

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     (1) The grand jury and the attorney general were acting within the statutory jurisdiction

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of the persons in convening the grand jury; and

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     (2) The report is based on facts revealed in the course of the grand jury investigation and

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is supported by a preponderance of the evidence; and

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     (3) The report does not contain material that is personal in nature and is not related to any

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unlawful inquiry; and

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     (4) The report does not disclose the identity of a confidential informant; and

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     (5) The filing of the report as a public record does not prejudice the fair consideration of

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a criminal matter.

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     (d) If the superior court determines that the filing of the report as a public record may

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prejudice fair consideration of a pending criminal matter, the superior court shall order such

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report sealed and the report shall not be subject to release, subpoena, or public inspection during

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the pendency of the criminal matter except upon order of the superior court.

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     (e) Failure of the superior court to accept and file as a public record a report submitted

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under this section may be appealed by the attorney general to the supreme court. The superior

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court’s decision to accept and file as a public record a report submitted under this section may be

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appealed by any person or entity named in the report, to the supreme court.

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     (f) No reports shall be issued under this section after July 1, 2024.

 

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     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 PROCEDURE -- GRAND JURIES

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     This act would permit grand juries to issue reports to the superior court as a public record

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and would provide a process for review and acceptance by the superior court and would allow the

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attorney general or any person or entity named in the report to challenge the court’s decision to

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release or not release the report as a public record.

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     This act would take effect upon passage.

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