Chapter 493
2004 -- H 8338 SUBSTITUTE A AS AMENDED
Enacted 07/07/04
A N A C T
RELATING
TO CRIMINAL PROCEDURE -- SEARCH WARRANTS
Introduced
By: Representatives T Brien, Menard, Jacquard, Kilmartin, and Trillo
Date
Introduced: March 24, 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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LC02929/SUB
A/2
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