2020 -- H 7641 | |
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LC004543 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO CRIMINAL PROCEDURE -- GRAND JURIES | |
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Introduced By: Representatives Millea, Williams, O'Brien, Ucci, and Craven | |
Date Introduced: February 14, 2020 | |
Referred To: House Judiciary | |
(Attorney General) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 12-11-1 of the General Laws in Chapter 12-11 entitled "County |
2 | Grand Juries" is hereby amended to read as follows: |
3 | 12-11-1. Number of members. |
4 | The grand jury shall consist of not less than thirteen (13) nor more than twenty-three (23) |
5 | persons. Whenever the attorney general shall by motion in writing make application to any justice |
6 | of the superior court for a grand jury to consist of twenty-three (23) persons, the motion shall |
7 | immediately be granted. A county grand jury may issue reports consistent with the provisions of § |
8 | 12-11.1-5.2. |
9 | SECTION 2. Section 12-11.1-1 of the General Laws in Chapter 12-11.1 entitled "Statewide |
10 | Grand Juries" is hereby amended to read as follows: |
11 | 12-11.1-1. Statewide grand jury -- Size and powers. |
12 | A statewide grand jury shall consist of not less than thirteen (13) nor more than twenty- |
13 | three (23) persons. The jurisdiction of a statewide grand jury shall extend throughout the state and |
14 | it may investigate and return indictments for crimes committed any place within the state, and may |
15 | issue reports consistent with the provisions of § 12-11.1-5.2. A statewide grand jury shall in all |
16 | other respects possess the usual powers and duties of county grand juries. |
17 | SECTION 3. Chapter 12-11.1 of the General Laws entitled "Statewide Grand Juries" is |
18 | hereby amended by adding thereto the following section: |
19 | 12-11.1-5.2. Grand jury reports. |
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1 | (a) Any grand jury may, at any time during its term, submit to the presiding justice of the |
2 | superior court a grand jury report to be released to the public. A grand jury report may be submitted |
3 | only upon the concurrence of twelve (12) or more jurors and shall be signed by each juror who |
4 | concurred. |
5 | (b) Within thirty (30) days after receiving a report of the grand jury prepared pursuant to |
6 | subsection (a) of this section, the superior court shall notify, in writing, all persons or entities named |
7 | in the grand jury report to give such persons or entities an opportunity to review the grand jury |
8 | report and prepare a response to be submitted to the superior court. Any responses shall be |
9 | submitted to the superior court within thirty (30) days after notification, and shall indicate whether |
10 | or not the respondent agrees to the public release of the response. Any proceedings or reports |
11 | prepared for release to the public pursuant to this subsection shall be sealed until ordered otherwise |
12 | by the superior court. |
13 | (c) The superior court shall examine the report and issue an order accepting and filing the |
14 | report, in whole or in part, including any responses that the respondent has agreed to release, as a |
15 | public record only if the superior court is satisfied that: |
16 | (1) The grand jury and the attorney general were acting within the statutory jurisdiction of |
17 | such persons in convening the grand jury; |
18 | (2) The report is based on facts revealed in the course of the grand jury investigation and |
19 | is supported by a preponderance of the evidence; |
20 | (3) The report does not contain material that is personal in nature and which is not related |
21 | to any lawful inquiry; |
22 | (4) The report does not disclose the identity of a confidential informant; and |
23 | (5) The filing of such report as a public record does not prejudice the fair consideration of |
24 | a criminal matter. |
25 | (d) If the superior court determines that the filing of such a report as a public record may |
26 | prejudice fair consideration of a pending criminal matter, the superior court shall order such report |
27 | sealed and such report shall not be subject to release, subpoena, or public inspection during the |
28 | pendency of such criminal matter except upon order of the superior court. |
29 | (e) Failure of the superior court to accept and file as a public record a report submitted |
30 | under this section may be appealed by the attorney general to the supreme court. The superior |
31 | court’s decision to accept and file as a public record a report submitted under this section may be |
32 | appealed by any person or entity named in the report, to the supreme court. |
33 | (f) No reports shall be issued under this section after July 1, 2025. |
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1 | 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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1 | This act would permit grand juries to issue reports and would provide for a process for |
2 | review and acceptance by the superior court. No reports would be issued after July 1, 2025. |
3 | This act would take effect upon passage. |
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