Rhode Island 2023 Regular Session

Rhode Island House Bill H6031 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6031
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7	7	LC002076
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO CRIMINAL PROCEDURE -- COUNTY GRAND JURIES
16	16	Introduced By: Representative Evan P. Shanley
17	17	Date Introduced: March 01, 2023
18	18	Referred To: House Judiciary
19	19	(Attorney General)
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 12-11-1 of the General Laws in Chapter 12-11 entitled "County 1
23	23	Grand Juries" is hereby amended to read as follows: 2
24	24	12-11-1. Number of members. 3
25	25	The grand jury shall consist of not less than thirteen (13) nor more than twenty-three (23) 4
26	26	persons. Whenever the attorney general shall by motion in writing make application to any justice 5
27	27	of the superior court for a grand jury to consist of twenty-three (23) persons, the motion shall 6
28	28	immediately be granted. A county grand jury may issue reports consistent with the provisions of § 7
29	29	12-11.1-5.2. 8
30	30	SECTION 2. Section 12-11.1-1 of the General Laws in Chapter 12-11.1 entitled "Statewide 9
31	31	Grand Juries" is hereby amended to read as follows: 10
32	32	12-11.1-1. Statewide grand jury — Size and powers. 11
33	33	A statewide grand jury shall consist of not less than thirteen (13) nor more than twenty-12
34	34	three (23) persons. The jurisdiction of a statewide grand jury shall extend throughout the state and 13
35	35	it may investigate and return indictments for crimes committed any place within the state, and may 14
36	36	issue reports consistent with the provisions of § 12-11.1-5.2. A statewide grand jury shall in all 15
37	37	other respects possess the usual powers and duties of county grand juries. 16
38	38	SECTION 3. Chapter 12-11.1 of the General Laws entitled "Statewide Grand Juries" is 17
39	39	hereby amended by adding thereto the following section: 18
40	40	12-11.1-5.2. Grand jury reports. 19
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43	43	LC002076 - Page 2 of 4
44	44	(a) Any grand jury may, at any time during its term, submit to the presiding justice of the 1
45	45	superior court a grand jury report to be released to the public. A grand jury report may be submitted 2
46	46	only upon the concurrence of twelve (12) or more jurors and shall be signed by each juror who 3
47	47	concurred. 4
48	48	(b) Within thirty (30) days after receiving a report of the grand jury prepared pursuant to 5
49	49	subsection (a) of this section, the superior court shall notify in writing all persons or entities named 6
50	50	in the grand jury report to give such persons or entities an opportunity to review the grand jury 7
51	51	report and prepare a response to be submitted to the superior court. Any responses shall be 8
52	52	submitted to the superior court within thirty (30) days after notification and shall indicate whether 9
53	53	or not the respondent agrees to the public release of the response. Any proceedings pursuant to this 10
54	54	subsection shall be sealed until ordered otherwise by the superior court. 11
55	55	(c) The superior court shall examine the report and issue an order accepting and filing the 12
56	56	report, in whole or in part, including any responses that the respondent has agreed to release, as a 13
57	57	public record only if the superior court is satisfied that: 14
58	58	(1) The grand jury and the attorney general were acting within the statutory jurisdiction of 15
59	59	such persons in convening the grand jury; 16
60	60	(2) The report is based on facts revealed in the course of the grand jury investigation and 17
61	61	is supported by a preponderance of the evidence; 18
62	62	(3) The report does not contain material that is personal in nature, and which is not related 19
63	63	to any lawful inquiry; 20
64	64	(4) The report does not disclose the identity of a confidential informant; and 21
65	65	(5) The filing of such report as a public record does not prejudice the fair adjudication of a 22
66	66	criminal matter. 23
67	67	(d) If the superior court determines that the filing of such a report as a public record may 24
68	68	prejudice fair adjudication of a pending criminal matter, the superior court shall order such report 25
69	69	sealed and such report shall not be subject to release, subpoena, or public inspection during the 26
70	70	pendency of such criminal matter except upon order of the superior court. 27
71	71	(e) Failure of the superior court to accept and file as a public record a report submitted 28
72	72	under this section may be appealed by the attorney general to the supreme court. The superior 29
73	73	court’s decision to accept and file as a public record a report submitted under this section may be 30
74	74	appealed by any person or entity named in the report, to the supreme court. 31
75	75	(f) No reports shall be issued pursuant to this section after July 1, 2028. 32
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79	79	SECTION 4. This act shall take effect upon passage. 1
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86	86	EXPLANATION
87	87	BY THE LEGISLATIVE COUNCIL
88	88	OF
89	89	A N A C T
90	90	RELATING TO CRIMINAL PROCEDURE -- COUNTY GRAND JURIES
91	91	***
92	92	This act would permit grand juries to issue reports and would provide for a process for 1
93	93	review and acceptance by the superior court for dissemination to the public. 2
94	94	This act would take effect upon passage. 3
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