RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF CRIMINALS
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Introduced
By: Senators Damiani, Polisena, Celona, and J Montalbano |
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Date
Introduced: January 31, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. Sections 12-1-5, 12-1-6, 12-1-8, 12-1-9 and
12-1-10 of the General Laws in Chapter 12-1 entitled "Identification and
Apprehension of Criminals" are hereby repealed.
12-1-5. Office space of division. --
The division shall have suitable offices in the Providence county courthouse
assigned to it by the director of administration.
12-1-6. Appropriations for division. --
The general assembly shall annually appropriate any sum it deems necessary for
the salaries of the chief and the chief's assistants and for the expenses of
maintaining the division in accordance with the provisions of this chapter.
12-1-8. Methods of identification. --
The department may use any of the following systems of identification: The
Bertillon, the fingerprint system, and any system of measurement that may be
adopted by law in the various penal institutions of the state.
12-1-9. Assistance to state and local
police in fingerprint identification -- Enforcement powers -- Cooperation with
federal bureau and other states. -- Whenever requested by
the superintendent of state police or by any superintendent or chief of police
or town sergeant of any city or town, the attorney general may assist police
officials as a criminal investigator in all criminal investigations involving
identification by fingerprints. The attorney general shall have and may exercise
in any part of the state with regard to the enforcement of the criminal laws,
all powers of sheriffs, deputy sheriffs, town sergeants, chiefs of police,
members of the division of state police, police officers, and constables. The
attorney general may send or cause to be sent to any state or national bureau
of identification established for the purpose of exchanging information,
according to the method of identification by fingerprint, or to any police
department, whether within or without the state, the descriptions of any person
who may have been fingerprinted in this state.
12-1-10. Duty of police officials to
furnish fingerprints and stolen property lists. -- (a) It
shall be the duty of the superintendent of state police and of the
superintendents or chiefs of police or town sergeants, referred to in this
section as police officials, to promptly furnish the attorney general with
fingerprints and descriptions of all persons arrested, who, in the judgment of
the police officials:
(1) Are wanted for serious
crimes, or who are fugitives from justice;
(2) Possess at the time
of arrest goods or property reasonably believed by the police officials to have
been stolen;
(3) (i) Possess burglar
outfits or tools or keys or explosives reasonably believed to have been used or
to be used for unlawful purposes; or
(ii) Possess infernal
machines, bombs, or other contrivances, in whole or in part, reasonably
believed by the police officials to have been used or to be used for unlawful
purposes;
(4) Carry concealed
firearms or other deadly weapons reasonably believed to be carried for unlawful
purposes; or
(5) Possess inks, dye,
paper, or other articles necessary in the making of counterfeit bank notes, or
in the alteration of bank notes; or dies, molds, or other articles necessary in
the making of counterfeit money, and reasonably believed to have been used or
to be used by the persons for these unlawful purposes.
(b) This section is not
intended to include violators of city or town ordinances or of persons arrested
for similar minor offenses. It is also the duty of the police officials to
furnish the department with daily copies of the reports received by their
respective offices of lost, stolen, found, pledged, or pawned property.
SECTION
2. Chapter 12-1 of the General Laws entitled "Identification and Apprehension of
Criminals" is hereby amended by adding thereto the following sections:
12-1-8.1. Method of
identification. --
The bureau of criminal identification in the department of attorney general
shall use fingerprints as the exclusive method of positive identification.
12-1-9.1. Duty of police
officials to furnish fingerprints. -- It shall be the duty of the superintendent of the state police
and the chiefs of police or town sergeants to furnish the bureau of criminal
identification of the department of attorney general within ten (10) days of
arrest, the fingerprints and physical description of all persons arrested and
all persons who are wanted for serious crimes or who are fugitives from
justice. This section is not intended to include violations of city or town
ordinances or of persons arrested for minor offenses.
12-1-10.1. Photographs and
descriptive information. -- In the case of every offense for which an indictment has been
returned or an information filed, the person for which an indictment or
information has been filed, if not previously fingerprinted by the arresting
police department for the offense, shall report to the bureau of criminal
identification of the department of attorney general to submit to
fingerprinting, a photograph and the collection of descriptive information. In
the event the individual indicted or informed against has not previously been
fingerprinted for the offense is in the custody of the department of
corrections or detained at a similar detention facility, the investigating
police department shall obtain fingerprints and a photograph from the
individual charged and submit a set of said fingerprints to the department of attorney general's
bureau of criminal identification within twenty-one (21) days of arraignment on
the indictment or information.
SECTION
3. This act shall take effect upon passage.