2023 -- H 5257

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- COUNTY GRAND JURIES

     Introduced By: Representatives Shanley, and Craven

     Date Introduced: January 27, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

Grand Juries" is hereby amended to read as follows:

     12-11-1. Number of members.

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

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

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

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

12-11.1-5.2.

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

Grand Juries" is hereby amended to read as follows:

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

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

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

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

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

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

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

hereby amended by adding thereto the following section:

     12-11.1-5.2. Grand jury reports.

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

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

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

concurred.

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

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

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

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

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

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

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

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

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

public record only if the superior court is satisfied that:

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

such persons in convening the grand jury;

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

is supported by a preponderance of the evidence;

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

to any lawful inquiry;

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

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

criminal matter.

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

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

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

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

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

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

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

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

     (f) The provisions of this section shall sunset on July 1, 2028, after which no reports

required pursuant to this section shall be issued.

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     SECTION 4. This act shall take effect upon passage and sunset on July 1, 2028.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- COUNTY GRAND JURIES

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     This act would permit grand juries to issue reports and would provide for a process for

review and acceptance by the superior court for dissemination to the public.

     This act would take effect upon passage and would sunset on July 1, 2028.

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