2022 -- H 7701

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LC004875

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- INTERCEPTION OF WIRE AND ORAL

COMMUNICATIONS -- WHERE APPLICATIONS MAY BE MADE

     Introduced By: Representatives McEntee, Craven, Vella-Wilkinson, and Knight

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 12-5.1-3 and 12-5.1-4 of the General Laws in Chapter 12-5.1 entitled

"Interception of Wire and Oral Communications" are hereby amended to read as follows:

     12-5.1-3. Where application may be made.

     Application for an order to intercept wire, electronic, or oral communication may be made

to the presiding justice of the superior court or an associate justice of the superior court designated

by the presiding justice or the senior associate justice of the superior court whenever the presiding

justice shall deem it necessary to disqualify himself or herself from entering the order.

     12-5.1-4. Issuance of orders.

     (a) Upon the application as provided in § 12-5.1-2 the presiding justice of the superior

court, or an associate justice of the superior court designated by the presiding justice, or the senior

associate justice of the superior court when the presiding justice shall disqualify himself or herself

from entering the order, may enter an ex parte order, as required or as modified, authorizing the

interception of wire, electronic, or oral communications if the presiding justice of the superior court

determines on the basis of the facts submitted by the applicant that:

     (1) There is probable cause for belief that an individual is committing, has committed, or

is about to commit a particular designated offense;

     (2) There is probable cause for belief that particular communications concerning that

offense will be obtained through the interception;

     (3) Normal investigative procedures have been tried and have failed or reasonably appear

to be unlikely to succeed if tried, or to be too dangerous;

     (4) There is probable cause for belief that the facilities from which, or the place where, the

wire, electronic, or oral communications are to be intercepted, are being used, or are about to be

used, in connection with the commission of the offense, or are leased to, listed in the name of, or

commonly used by the individual.

     (b) If the facilities from which a wire, electronic, or oral communication is to be intercepted

are public, no order of authorization shall be issued unless the court, in addition to the matters

provided in subsection (a) of this section, determines that there is a special need to intercept wire

communications over the facilities.

     (c) If the facilities from which, or the place where, the wire, electronic, or oral

communications are to be intercepted, are being used, or are about to be used, or are leased to, listed

in the name of, or commonly used by, a licensed attorney-at-law, or an ordained minister of the

gospel, priest, or rabbi of any denomination, or is a place used primarily for habitation by a husband

and wife, no order shall be issued unless the presiding justice of the superior court, in addition to

the matters provided in subsection (a) of this section, determines that there is a special need to

intercept wire, electronic, or oral communications over those facilities or in those places, and that

the interceptions will be so conducted as to minimize or eliminate interception of privileged

communication between lawyers and clients, clergy and confidants, or husbands and wives.

     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 -- INTERCEPTION OF WIRE AND ORAL

COMMUNICATIONS -- WHERE APPLICATIONS MAY BE MADE

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     This act would allow the presiding justice of the superior court to designate an associate

justice of the superior court to accept application for wire taps.

     This act would take effect upon passage.

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LC004875

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