2019 -- H 5742

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LC001835

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- GRAND JURIES

     Introduced By: Representatives Millea, Phillips, Hawkins, Solomon, and Shanley

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     (Attorney General)

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 from 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 the 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 the persons in convening the grand jury; and

     (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; and

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

unlawful inquiry; and

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

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

a criminal matter.

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

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

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

the pendency of the 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) No reports shall be issued under this section after July 1, 2024.

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     SECTION 4. 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 -- GRAND JURIES

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     This act would permit grand juries to issue reports to the superior court as a public record

and would provide a process for review and acceptance by the superior court and would allow the

attorney general or any person or entity named in the report to challenge the court’s decision to

release or not release the report as a public record.

     This act would take effect upon passage.

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