Chapter 441

2004 -- S 2853 SUBSTITUTE B AS AMENDED

Enacted 07/07/04

 

 

A N A C T

RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS

     

     

     Introduced By: Senators J Montalbano, Paiva-Weed, Algiere, McCaffrey, and Polisena

     Date Introduced: February 11, 2004

 

    

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 12-5-2 of the General Laws in Chapter 12-5 entitled "Search

Warrants" is hereby amended to read as follows:

     12-5-2. Grounds for issuance. –  A warrant may be issued under this chapter to

search for and seize any property of the following:

      (1) Stolen Property stolen or embezzled, or obtained by any false pretense, or pretenses,

with intent to cheat or defraud within this state, or elsewhere;

      (2) Kept Property kept, suffered to be kept, concealed, deposited, or possessed in

violation of law, or for the purpose of violating the law;

      (3) Designed Property designed or intended for use, or which is or has been used, in

violation of law, or as a means of committing a violation of law; or

     (4) Which Property which is evidence of the commission of a crime.; or

     (5) Samples of blood, saliva, hair, bodily tissues, bodily fluids, or dental impressions

from the body of a person, that may yield evidence of the identity of the perpetrator of a crime

when subjected to scientific or other forensic analysis. The foregoing samples, and the results of

any scientific or other forensic analysis, shall be admissible in all criminal proceedings, subject to

application of the rules of evidence and criminal procedure. When any of the foregoing samples

are seized for scientific or forensic analysis, the seizure shall be conducted in accordance with the

regulations, guidelines, or protocols of the department of health or the state crime laboratory, as

may be appropriate under the circumstances.

     SECTION 2. This act shall take effect upon passage, and shall apply, without limitation,

to all criminal investigations and prosecutions, initiated subsequent to passage whether or not a

defendant has been charged.

     

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LC02749/SUB B

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