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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