Chapter 402

2012 -- S 2660 SUBSTITUTE A

Enacted 06/23/12

 

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF ATTORNEY GENERAL

     

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: March 01, 2012

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 42-9-8.1 of the General Laws in Chapter 42-9 entitled "Department

of Attorney General" is hereby amended to read as follows:

 

     42-9-8.1 Office of investigation – Powers and duties of investigators. (1)

Establishment. There is hereby established within the department of attorney general an office of

investigation.

     (2) Scope and purpose. The scope and purpose of the office of investigation shall be:

     (a) To assist special assistant and assistant attorneys general in carrying out investigations

relating to grand jury investigations, pre-trial preparation and other litigation efforts;

     (b) To coordinate their efforts in investigating criminal activity with existing federal,

state and local law enforcement resources; and

     (c) To initiate criminal investigations for violations of the law at the direction of the

attorney general.

     (3) Composition and powers. The office of investigation shall consist of a chief, and not

more than five (5) field investigators, all of whom shall be designated by the attorney general, and

support personnel. The chief and the field investigators shall have the following powers:

     (a) The power to arrest independently or in conjunction with local, state or federal law

enforcement agencies;

     (b) The power to, with the written authorization by the attorney general or his or her

designated deputy, apply for and execute search warrants; and

      (4) Qualifications. No person shall be appointed as chief of the office of investigation or

as a field investigator in the office unless he or she has successfully completed the basic course of

instruction for police officers at the Providence police training academy, the Rhode Island

municipal police training academy, or the Rhode Island state police training academy, and has at

least three (3) years of active law enforcement experience, or has served as a member of the

United States Marshal's Service or as a special agent of the Federal Bureau of Investigation, a

criminal law enforcement agency of the United States Department of Justice, the United States

Department of State, the United States Department of the Treasury or the United States Postal

Inspection Service and has at least three (3) years of active law enforcement experience, or has

been certified as a police officer by the duly-constituted state commission on police officer

standards and training of another state, and has at least three (3) years of active law enforcement

experience.

     (5) Appointment background check. The attorney general shall appoint the chief, field

investigators, and the support personnel of the office of investigation. Prior to the appointment of

any individuals, a background examination shall be conducted utilizing federal, state and local

law enforcement agencies, bureau of criminal identification, national crime information center,

and any and all relevant records existing within the federal and state court systems.

     (6) Standards. The office shall adopt and implement such standards as may be applicable

to its scope and purpose as promulgated by the commission for the accreditation of law

enforcement agencies.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC00212/SUB A

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