2026 -- H 8078

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LC005631

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- COUNTY GRAND JURIES

     Introduced By: Representatives McEntee, Caldwell, Bennett, Spears, O'Brien, and
Shanley

     Date Introduced: February 27, 2026

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-11-1 of the General Laws in Chapter 12-11 entitled "County

Grand Juries" is hereby amended to read as follows:

     12-11-1. Number of members.

     The grand jury shall consist of not less than thirteen (13) nor more than twenty-three (23)

persons. Whenever the attorney general shall by motion in writing make application to any justice

of the superior court for a grand jury to consist of twenty-three (23) persons, the motion shall

immediately be granted. A county grand jury may issue reports consistent with the provisions of §

12-11.1-6.

     SECTION 2. Section 12-11.1-1 of the General Laws in Chapter 12-11.1 entitled "Statewide

Grand Juries" is hereby amended to read as follows:

     12-11.1-1. Statewide grand jury — Size and powers.

     A statewide grand jury shall consist of not less than thirteen (13) nor more than twenty-

three (23) persons. The jurisdiction of a statewide grand jury shall extend throughout the state and

it may investigate and return indictments for crimes committed any place within the state, and may

issue reports consistent with the provisions of § 12-11.1-6. A statewide grand jury shall in all other

respects possess the usual powers and duties of county grand juries.

     SECTION 3. Chapter 12-11.1 of the General Laws entitled "Statewide Grand Juries" is

hereby amended by adding thereto the following section:

     12-11.1-6. Grand jury reports.

     (a) The grand jury may, at any time during its term, submit a grand jury report to the

presiding justice of the superior court concerning any matter involving a person subject to the

Rhode Island code of ethics, as set forth in § 36-14-4, or that the grand jury determines is a matter

of public concern. A grand jury report may be submitted only upon the concurrence of twelve (12)

or more jurors and shall be signed by each concurring juror.

     (b) The presiding justice shall examine the report and the minutes of the grand jury and,

except as otherwise provided in this section, shall order the report accepted as a public record only

if the superior court is satisfied that the report complies with the provisions of subsection (a) of this

section and that:

     (1) The report is based on facts revealed in the course of a statewide or county grand jury

investigation and is supported by a preponderance of the evidence presented to the grand jury;

     (2) Each person or entity named in the report and whose conduct is the subject of the report,

was afforded a reasonable opportunity to testify before the grand jury prior to the filing of the

report; and

     (3) The report does not contain material that:

     (i) Is privileged or otherwise confidential under established law;

     (ii) Is not reasonably related to the subject matter of the report;

     (iii) Discloses the identity of a confidential informant; or

     (iv) Prejudices the fair adjudication of a criminal matter.

     (c) If the presiding justice determines that the report contains any material described in

subsection (b)(3) of this section, the court shall order appropriate redactions prior to accepting the

report as a public record. If the presiding justice determines that the filing of such a report as a

public record may prejudice the fair adjudication of a pending criminal matter, the court shall order

the report sealed, and the report shall not be subject to release, subpoena, or public inspection during

the pendency of that criminal matter except upon order of the superior court.

     (d) Within thirty (30) days after receiving a report prepared pursuant to subsection (a) of

this section, the presiding justice shall notify in writing all persons or entities named in the grand

jury report and whose conduct is the subject of the grand jury report to give such persons or entities

a reasonable opportunity to review the grand jury report and submit a written response. Any such

response shall be submitted to the presiding justice within thirty (30) days after issuance of the

court’s written notification and shall state whether the respondent objects to the issuance of the

grand jury report, to the inclusion of the respondent’s name, or is seeking any other relief. Any

proceedings pursuant to this subsection shall remain sealed until ordered otherwise by the presiding

justice.

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     (e) Where the presiding justice enters an order accepting a grand jury report pursuant to

subsection (b) of this section, all persons or entities named in the report shall have thirty (30) days

prior to the report’s filing as a public record to appeal the order to the supreme court. Failure of the

presiding justice to accept and file as a public record a report submitted under this section may be

appealed by the attorney general to the supreme court.

     SECTION 4. 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 -- COUNTY GRAND JURIES

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     This act would permit grand juries to issue reports and would provide for a process for

review and acceptance by the superior court.

     This act would take effect upon passage.

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LC005631

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