2024 -- H 7450

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LC004097

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS -- INDICTMENTS,

     INFORMATION AND COMPLAINTS -- BILL OF RIGHTS ENHANCEMENT

     Introduced By: Representative David J. Place

     Date Introduced: February 02, 2024

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 12-5 of the General Laws entitled "Search Warrants" is hereby

amended by adding thereto the following section:

     12-5-11. Audio and video recording of private property prohibited.

     (a) It shall be unlawful for any law enforcement officer or peace officer as defined in § 12-

7-21, to place on the private property of another, any audio or video recording device(s) to capture,

generate, preserve, transmit or otherwise document the activities on that person’s property without

their consent or without a valid search warrant issued by a neutral and detached magistrate or judge

upon a finding of probable cause.

     (b) Any audio or video evidence generated in violation of subsection (a) of this section

shall be inadmissible in any criminal or civil proceeding filed against the property owner and/or

their tenants or guests.

     SECTION 2. Chapter 12-12 of the General Laws entitled "Indictments, Informations and

Complaints" is hereby amended by adding thereto the following section:

     12-12-23. Acquittal in another jurisdiction as bar to prosecution.

     If a violation of any criminal law is a violation of a federal law or the law of another state,

an acquittal under federal law or the law of another state for the same set of facts or acts is a bar to

prosecution in this state, unless there exists newly discovered evidence which would substantially

indicate that prosecution in this state is warranted.

SECTION 3. 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 -- SEARCH WARRANTS -- INDICTMENTS,

     INFORMATION AND COMPLAINTS -- BILL OF RIGHTS ENHANCEMENT

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     This act would require law enforcement to obtain consent or a warrant before placing audio

or video recorders on the private property of another. A violation of this act would make any

evidence inadmissible in any court proceedings. Additionally, this act would prohibit prosecutions

for violations of criminal laws in this state if the violation arises from the same set of facts or acts

for which a defendant has been acquitted in federal court or another jurisdiction, unless there exists

newly discovered evidence substantially warranting prosecution in this state.

     This act would take effect upon passage.

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