|
2012 -- S 2772 | |
|
======= | |
|
LC01973 | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2012 | |
|
| |
|
____________ | |
|
| |
|
A N A C T | |
|
RELATING TO CRIMINAL PROCEDURE - SEARCH WARRANTS | |
|
|
|
|
|
|
|
Introduced By: Senator Maryellen Goodwin | |
|
Date Introduced: March 08, 2012 | |
|
Referred To: Senate Judiciary | |
|
It is enacted by the General Assembly as follows: | |
|
1-1 |
SECTION 1. Section 12-5-3 of the General Laws in Chapter 12-5 entitled "Search |
|
1-2 |
Warrants" is hereby amended to read as follows: |
|
1-3 |
12-5-3. Issuance and contents. -- (a) A warrant shall issue only upon complaint in |
|
1-4 |
writing, under oath of: |
|
1-5 |
(1) A chief of police, deputy chief of police or other members of the police force of any |
|
1-6 |
city or town, sheriff, or deputy sheriff of any county, member of the division of state police, full |
|
1-7 |
time conservation officer of the department of environmental management, or other person |
|
1-8 |
specifically authorized by law to bring complaints for violation of the law which it is his or her |
|
1-9 |
responsibility to enforce; |
|
1-10 |
(2) Additionally, in the case of property stolen, embezzled, or obtained by fraud or false |
|
1-11 |
pretenses, any person who has a right to the possession of the property. |
|
1-12 |
(3) Additionally, a sworn law enforcement member of any city or town where that |
|
1-13 |
member is serving on a statewide task force. |
|
1-14 |
(b) Within fourteen (14) days of the issuance of any warrant under this chapter, whether |
|
1-15 |
or not executed, the warrant, accompanied by any supporting affidavits and an inventory of any |
|
1-16 |
property seized, shall be returned to the district court having jurisdiction over the place of the |
|
1-17 |
search or, in the event of a warrant that is not executed, the court from which it was issued. The |
|
1-18 |
returns shall be maintained by the district court according to the date of issuance. If not otherwise |
|
1-19 |
indicated, the return shall note whether the warrant was executed. |
|
2-20 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC01973 | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO CRIMINAL PROCEDURE - SEARCH WARRANTS | |
|
*** | |
|
3-1 |
This act would enable a member of law enforcement serving on a statewide task force to |
|
3-2 |
obtain a warrant based upon his complaint to a qualified law enforcement officer. |
|
3-3 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC01973 | |
|
======= |