2025 -- S 0951

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LC002536

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

     RELATING TO CRIMINAL PROCEDURE -- STATE CRIME LABORATORY

COMMISSION

     Introduced By: Senator Matthew L. LaMountain

     Date Introduced: April 04, 2025

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 12-1.1 of the General Laws entitled "State Crime Laboratory

Commission" is hereby repealed in its entirety.

CHAPTER 12-1.1

State Crime Laboratory Commission

     12-1.1-1. Short title.

     This chapter shall be known and may be cited as the “State Crime Laboratory

Commission.”

     12-1.1-2. Legislative findings and purpose.

     The general assembly recognizes and declares that:

     (1) Examining crime scenes for evidence is essentially a state and local problem;

     (2) The establishment of appropriate goals, objectives, and standards for the examination

of crime scenes and the training of appropriate personnel in such techniques must be a priority

concern;

     (3) The functions of a state crime lab must be coordinated in an efficient and effective

manner;

     (4) The full and effective use of resources affecting state and local crime scene

investigations requires the complete cooperation of state and local law enforcement agencies; and

     (5) Training, research, evaluation, and technical assistance activities must be encouraged

and focused on the improvement of scientific criminal investigation in Rhode Island.

     12-1.1-3. Creation.

     There is established the state laboratories for scientific criminal investigation commission,

called throughout this chapter the state crime laboratory commission.

     12-1.1-4. Membership.

     (a) The commission shall consist of five (5) members: the attorney general; the

superintendent of state police; and a representative of the Rhode Island Police Chiefs Association

appointed by the governor with the advice and consent of the senate; and two (2) public members

appointed by the governor with the advice and consent of the senate. Appointed public members

shall serve two (2) year terms and shall be eligible to succeed themselves.

     (b) Members shall serve until their successors are appointed and qualified. Each member

of the board may designate a subordinate within his or her department or agency to represent him

or her at all meetings of the board. Three (3) members of the board shall constitute a quorum and

the vote of a majority of those present and voting shall be required for action.

     (c) Members of the commission shall be removable by the governor pursuant to the

provisions of § 36-1-7 of the general laws and for cause only, and removal solely for partisan or

personal reasons unrelated to capacity or fitness for the office shall be unlawful.

     12-1.1-5. Chairperson.

     The attorney general shall be the chairperson of the commission. The board may elect from

among its members such other officers as it deems necessary.

     12-1.1-6. Executive secretary.

     The dean of the College of Pharmacy at the University of Rhode Island shall serve as the

executive secretary of the commission. The executive secretary shall oversee the administration of

the state crime laboratory, including all budgetary and personnel matters, and shall provide timely

reports to the commission regarding all matters pertaining to the state crime laboratory.

     12-1.1-7. Meetings.

     The commission shall meet at the call of its chairperson and at least four (4) times each

year, the time and place for the meetings to be fixed by the chairperson.

     12-1.1-8. Powers and duties of commission.

     The commission shall have the following powers and duties:

     (1) Establish goals, priorities, standards, policies, plans, programs, and budgets for the

operation of the state crime laboratory;

     (2) Monitor the general operation of the state crime laboratory and evaluate its

effectiveness;

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     (3) Apply for, contract for, receive, and expend for its purposes any appropriations or grants

from the state and/or its political subdivisions, the federal government, or any other source, public

or private, in accordance with the appropriations process;

     (4)(i) Accept funds appropriated by the general assembly out of any money in the treasury

not otherwise appropriated for effectuating the daily operation of the state crime laboratory;

     (ii) Accept any moneys made available through direct grants for its function and operation;

     (iii) Expend these sums of money for the purchase of equipment, payment of salaries,

purchase of material, office supplies, and laboratory supplies, and for labor for publishing, for the

benefit of law enforcement officers in the state of Rhode Island, for scientific advances in the field

of criminalistics, and any other essentials that may be deemed necessary and expedient to the

scientific criminal investigation and training of law enforcement officers and firefighters in modern

scientific investigative techniques and research in the field of scientific criminal investigation;

     (5) Recommend legislation to the governor and legislature in the field of scientific criminal

investigation;

     (6) Provide suitable badges and appropriate commissions to laboratory personnel in

evidence of their authority;

     (7) Establish any and all committees it deems necessary to carry out the mission of the state

crime laboratory;

     (8) Perform any other duties that may be necessary to carry out the purposes of this chapter

and chapter 1.2.

     (9) Within ninety (90) days after the end of each fiscal year, the commission shall approve

and submit an annual report to the governor, the speaker of the house of representatives, the

president of the senate, and the secretary of state, of its activities during that fiscal year. The report

shall provide: an operating statement summarizing meetings or hearings held, including meeting

minutes, subjects addressed, decisions rendered, rules or regulations promulgated, studies

conducted, policies and plans developed, approved, or modified, and programs administered or

initiated; a consolidated financial statement of all funds received and expended including the source

of the funds, a listing of any staff supported by these funds, and a summary of any clerical,

administrative or technical support received; a summary of performance during the previous fiscal

year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints,

suspensions, or other legal matters related to the commission; a summary of any training courses

held pursuant to this chapter; a briefing on anticipated activities in the upcoming fiscal year; and

findings and recommendations for improvements. The report shall be posted electronically on the

websites of the general assembly and the secretary of state pursuant to the provisions of § 42-20-

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8.2. The director of the department of administration shall be responsible for the enforcement of

the provisions of this subsection;

     (10) To approve or disapprove the director and all other positions of the state crime

laboratory appointed by the University of Rhode Island.

     (11) To conduct a training course for newly appointed and qualified members within six

(6) months of their qualification or designation. The course shall be developed by the chair of the

commission, be approved by the commission, and be conducted by the chair of the commission.

The commission may approve the use of any commission and/or staff members and/or individuals

to assist with training. The training course shall include instruction in the following areas: the

provisions of chapters 42-46, 36-14 and 38-2; and the commission’s rules and regulations. The

director of the department of administration shall, within ninety (90) days of the effective date of

this act [June 7, 2006], prepare and disseminate training materials relating to the provisions of

chapters 42-46, 36-14, and 38-2.

     12-1.1-9. Repealed.

     12-1.1-10. Cooperation of departments — Using facilities of the University of Rhode

Island.

     All other departments, agencies, and bodies of state government are authorized and

directed to cooperate with and furnish any information that the commission shall require. The

commission is directed in carrying out the provisions and purposes of this chapter and chapter 1.2

to confer with the University of Rhode Island as to the continued utilization of facilities, scientific

equipment, and personnel available.

     12-1.1-11. Termination or modification of commission — Report to governor.

     (a) For good cause, the commission, with the approval of the governor, shall determine a

termination or modification date, and, upon that determination, the commission shall submit a

report to the governor that will outline a plan for the orderly termination or modification of the

commission.

     (b)(1) The report will be submitted at least four (4) months prior to the termination or

modification date and will include, but not be limited to, a review of the performance and

effectiveness of the commission.

     (2) The report will include a recommendation that the purpose of this chapter or chapter

1.2 be reviewed or amended, that the commission be reorganized, or that this chapter or chapter 1.2

be repealed.

     SECTION 2. Chapter 12-1.2 of the General Laws entitled "State Crime Laboratory" is

hereby repealed in its entirety.

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CHAPTER 12-1.2

State Crime Laboratory

     12-1.2-1. Creation.

     There shall be a state crime laboratory located at the University of Rhode Island.

     12-1.2-2. Jurisdiction.

     The state crime laboratory shall have the authority to investigate any and all evidence

relating to state or local crimes when requested by appropriate agencies.

     12-1.2-3. Functions of the state crime laboratory.

     The state crime laboratory shall be responsible for:

     (1) Technical services.

     (i) To examine and evaluate physical evidence collected at the scene of a crime or related

to a crime. The examinations will be conducted in areas such as forensic serology, firearms,

analyses of accelerants, explosives, scientific methodology in microscopy, including fiber, hair,

blood, and plant microscopy, spectroscopy, ion emission, glass examination, tool impressions,

fingerprint techniques, tire impressions, and other similar technology;

     (ii) To examine evidence upon submission by state and local fire departments and law

enforcement agencies;

     (iii) To assure the safe custody of that evidence;

     (iv) To submit written reports of the results of examinations of evidence to the agency;

     (v) To request the services of qualified consultants when deemed necessary;

     (vi) To render expert court testimony when requested;

     (vii) To assist in the processing of a crime scene upon request to the director. Transportation

as needed for this function should be provided by the agency requesting assistance.

     (2) Training.

     (i) To offer a training course in scientific criminal investigation each year to all

enforcement divisions both state and local;

     (ii) To offer refresher or in-service courses in specialty areas of scientific criminal

investigation;

     (iii) To conduct training dealing with police science, when requested, for each of the Rhode

Island State Municipal Police Training Academy classes, the Providence Police Academy classes,

and the Rhode Island State Police Academy classes.

     (3) Research. To conduct ongoing research in areas of the forensic sciences.

     12-1.2-4. Funding.

     The state crime laboratory shall be funded through the budget of the University of Rhode

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Island.

     12-1.2-5. Director of state crime laboratory — Term.

     (a) The crime laboratory shall be under the immediate supervision of a director, who shall

be known as the “director — state crime laboratory” and who shall possess a Ph.D. degree or an

equivalent combination of a M.S. degree and experience in an appropriate field and who has had

forensic training or experience.

     (b) The director shall serve for a period of five (5) years and may be reappointed by the

commission thereafter to subsequent five (5) year terms.

     12-1.2-6. Candidates for director and other positions — Selection — Appointment —

Dismissals.

     (a) Candidates for the position of director and all other positions of the crime laboratory

may be recommended to the commission by the executive secretary and/or other members of the

commission as well as from all other sources.

     (b) The director and all other positions of the state crime laboratory shall be considered

employees of the council on postsecondary education and shall be subject to all employment

policies, practices, and procedures of the council on postsecondary education and the University of

Rhode Island.

     (c) The appointive authority for the University of Rhode Island shall also be the appointing

authority for the position of director and all other positions of the state crime laboratory subject to

approval or disapproval by the commission.

     12-1.2-7. Powers and duties of director.

     (a) The director shall have general supervision over the administration of and shall enforce

the provisions of this chapter. He or she shall recommend to the commission any rules and

regulations that he or she may deem necessary to effectuate the provisions of this chapter and shall

be responsible for the administration of the policies established by the commission.

     (b) The director shall be responsible for preparing an annual operating budget and

submitting it to the dean of the College of Pharmacy at the University of Rhode Island, who will in

turn submit it to the commission.

     (c) The director shall collect, develop, and maintain statistical information, records, and

reports as the executive secretary or as the commission may determine relevant to its functions and

transmit quarterly to the executive secretary or the commission a report of the operations of the

state crime laboratory for the preceding quarter.

     (d) The director shall exercise all powers and perform all duties necessary and proper in

carrying out his or her responsibilities that may be directed by the executive secretary or the

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commission.

     (e) The director shall timely provide records, reports or other information pertaining to the

operation of the crime laboratory whenever requested by the executive secretary or the commission.

     12-1.2-8 — 12-1.2-14. [Transferred.]

     SECTION 3. Section 23-1-8 of the General Laws in Chapter 23-1 entitled "Department of

Health" is hereby repealed.

     23-1-8. Forensic scientist — Crime detection.

     The director of health shall appoint in accordance with law a suitable and qualified forensic

scientist to conduct examinations of evidence in connection with scientific crime detection, and for

that purpose the director shall cooperate with the Rhode Island state police, the department of the

attorney general, and other law enforcement agencies in the matter of scientific crime detection.

     SECTION 4. Chapter 42-9 of the General Laws entitled "Department of Attorney General"

is hereby amended by adding thereto the following section:

     42-9-20. Rhode Island state crime laboratory.

     (a) Establishment.

     (1) There is hereby established within the department of attorney general a Rhode Island

state crime laboratory. The head of the laboratory shall be the director of the Rhode Island state

crime laboratory, and shall be appointed by the attorney general and shall serve at the pleasure of

the attorney general.

     (2) Whenever, in any general law, public law, or regulation, the words “state crime

laboratory,” “state crime lab,” or “crime lab” shall appear, the same shall be deemed to refer to and

mean the “Rhode Island state crime laboratory.” Whenever, in any general law, public law or

regulation the words “state crime laboratory commission” shall appear, the same shall be deemed

to refer to and mean the “director of the Rhode Island state crime laboratory”.

     (b) Director and staff – Qualifications – Powers and duties.

     (1) The state crime laboratory shall consist of a director, forensic scientists, and support

personnel, all of whom shall be appointed by the attorney general and shall serve at the pleasure of

the attorney general.

     (2) The state crime laboratory shall be under the immediate supervision of a director, who

shall be known as the “director of the Rhode Island state crime laboratory” and who shall possess

a Ph.D. degree or an equivalent combination of a M.S. degree and experience in an appropriate

field and who has had forensic training or experience.

     (i) The director shall have the powers and duties necessary to effectuate the implementation

and supervision of the state crime laboratory including, but not limited to:

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     (A) Establishing goals, priorities, standards, policies, staff qualifications, and programs for

the operation of the state crime laboratory;

     (B) Monitoring the general operation of the state crime laboratory and evaluating its

effectiveness;

     (C) Applying for, contracting for, receiving, and expending for its purposes any

appropriations or grants from the state and/or its political subdivisions, the federal government, or

any other source, public or private, in accordance with the appropriations process;

     (D) Institute training programs for law enforcement officers and firefighters in modern

scientific investigative techniques and research in the field of scientific criminal investigation

including, but not limited to:

     (I) A training course in scientific criminal investigation each year to all enforcement

divisions both state and local;

     (II) A refresher or in-service courses in specialty areas of scientific criminal investigation;

     (III) Training dealing with police science, when requested, for each of the Rhode Island

State municipal police training academy classes, the Providence police academy classes, and the

Rhode Island state police academy classes.

     (E) Mandate training and continuing education for members of the state crime laboratory.

     (F) Collect, develop, and maintain statistical information, records, and reports as the

director may determine relevant to its functions and transmit annually to the general assembly a

report of the operations of the state crime laboratory for the preceding year;

     (G) Exercise all powers and perform any and all duties necessary to carry out their

responsibilities as may be directed by the attorney general.

     (3) The director shall have general supervision over the administration of the state crime

laboratory and shall enforce the provisions of this section.

     (c) Jurisdiction.

     (1) The Rhode Island state crime laboratory shall have the authority to investigate any and

all evidence relating to federal, state or local crimes when requested by appropriate agencies.

     (2) All other departments, agencies, and bodies of state government are authorized and

directed to cooperate with and furnish any information that the laboratory shall require.

     (d) Functions. The state crime laboratory shall be responsible for:

     (1) Technical services.

     (i) Examine and evaluate physical evidence collected at the scene of a crime or related to

a crime. The examinations will be conducted in areas including, but not limited to, forensic

serology, firearms, analyses of accelerants, explosives, scientific methodology in microscopy,

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including fiber, hair, blood, and plant microscopy, spectroscopy, ion emission, glass examination,

tool impressions, fingerprint techniques, tire impressions, controlled substances identification and

testing, forensic biology, impaired driving testing, DNA/CODIS testing, and other similar

technology;

     (ii) Examine evidence upon submission by state and local fire departments and law

enforcement agencies;

     (iii) Assure the safe custody of that evidence;

     (iv) Submit written reports of the results of examinations of evidence to the agency;

     (v) Request the services of qualified consultants when deemed necessary;

     (vi) Render expert court testimony when requested;

     (vii) Assist in the processing of a crime scene upon request to the director. Transportation

as needed for this function should be provided by the agency requesting assistance.

     (2) DNA.

     (i) Conduct examinations of evidence in connection with scientific crime detection, and for

that purpose the director shall cooperate with the Rhode Island state police, and other law

enforcement agencies, in the matter of scientific crime detection;

     (ii) Carry out the duties and functions set forth in chapter 1.5 of title 12.

     (3) Research. Conduct ongoing research in area of the forensic sciences.

     (f) Standards. The state crime laboratory shall adopt and implement such standards as may

be applicable to its scope and purpose and as necessary to comply with its accreditation standards

by its accrediting agencies institutions.

     (g) Rules and regulations. The attorney general may promulgate any rules and regulations

that they deem necessary to effectuate the provisions of this section and shall be responsible for the

administration of the policies established by the state crime laboratory or the attorney general.

     (h) Severability. If any provision of this section or the application thereof to any person or

circumstances is held invalid, that invalidity shall not affect other provisions or applications of the

section, which can be given effect without the invalid provision or application, and to this end the

provisions of this section are declared to be severable.

     SECTION 5. Sections 12-1.5-2, 12-1.5-3, 12-1.5-4, 12-1.5-5, 12-1.5-8, 12-1.5-10, 12-1.5-

11, 12-1.5-12, 12-1.5-13, 12-1.5-16 and 12-1.5-19 of the General Laws in Chapter 12-1.5 entitled

"DNA Detection of Sexual and Violent Offenders" are hereby amended to read as follows:

     12-1.5-2. Definitions.

     For the purposes of this chapter:

     (1) “CODIS” is derived from combined DNA index system, the Federal Bureau of

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Investigation’s national DNA identification index system that allows the storage and exchange of

DNA records submitted by state and local forensic DNA laboratories;

     (2) “DNA” means deooxyribonucleic acid, which is located in the cells of the body and

provides an individual’s personal genetic blueprint. DNA encodes genetic information that is the

basis of human hereditary and forensic identification;

     (3) “DNA record” means DNA identification information only, which is stored in the state

DNA database or the combined DNA index system for the purpose of generating investigative leads

or supporting statistical interpretation of DNA test results. The DNA record is the result obtained

from the DNA typing tests. The DNA record is comprised of the characteristics of a DNA sample

that are of value only in establishing the identity of individuals. The DNA record, however, does

not include the DNA sample, and the DNA record may never include the results of tests of any

structural genes. The results of all DNA identification tests on an individual’s DNA sample are also

collectively referred to as the DNA profile of an individual;

     (4) “DNA sample” means a blood or tissue sample provided by any person with respect to

offenses covered by this chapter, or submitted to the department of health Rhode Island state crime

laboratory pursuant to this chapter for DNA analysis or storage, or both;

     (5) “F.B.I.” means the Federal Bureau of Investigation;

     (6) “State DNA databank” means the repository of DNA samples collected under this

chapter, that is administered by the department of health Rhode Island state crime laboratory; and

     (7) “State DNA database” means the state-level DNA identification record system to

support law enforcement that is administered by the department of health Rhode Island state crime

laboratory and that provides DNA records to the F.B.I. for storage and maintenance in CODIS. It

is the collective capability to store and maintain DNA records related to forensic casework, the

DNA records of those arrested for crimes of violence as defined in § 12-1.5-2 and/or convicted

offenders required to provide a DNA sample under state law, and anonymous DNA records used

for research, quality control, and other DNA analysis support systems.

     (8) “Crimes of violence” include murder, manslaughter, first-degree arson, kidnapping

with intent to extort, robbery, larceny from the person, first-degree sexual assault, second-degree

sexual assault, first-and-second degree child molestation, assault with intent to murder, assault with

intent to rob, assault with intent to commit first-degree sexual assault, burglary, and entering a

dwelling house with intent to commit murder, robbery, sexual assault, or larceny.

     12-1.5-3. Powers and duties of the department of health Powers and duties of the

Rhode Island state crime laboratory.

     In addition to any other powers and duties conferred by this chapter, the department of

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health Rhode Island state crime laboratory shall:

     (1) Be responsible for the policy management and administration of the state DNA database

and state DNA databank;

     (2) Promulgate rules and regulations, within one hundred and eighty (180) days of June 29,

1998, to carry out the provisions of this chapter; and

     (3) Provide for liaison with the F.B.I. and other criminal justice agencies in regard to the

state’s participation in CODIS or in any DNA database designated by the department of health

Rhode Island state crime laboratory.

     12-1.5-4. State DNA database.

     There is established the state DNA database. It shall be administered by the department of

health Rhode Island state crime laboratory and provide DNA records for the F.B.I. for storage and

maintenance by CODIS. The state DNA database shall have the capability provided by computer

software and procedures administered by the department of health Rhode Island state crime

laboratory to store and maintain DNA records related to:

     (1) Forensic casework, including the identification of missing persons;

     (2) Individuals arrested for any crime of violence as defined in § 12-1.5-2 and convicted

felony offenders required to provide a DNA sample under this chapter; and

     (3) Anonymous DNA records used for research on identification technologies or quality

control.

     12-1.5-5. State DNA databank.

     There is established the state DNA databank. It shall serve as the repository of DNA

samples collected under this chapter and shall be administered by the department of health Rhode

Island state crime laboratory.

     12-1.5-8. DNA sample required upon arrest or conviction for any crime of violence.

     (a) Every person arrested for a crime of violence as defined in § 12-1.5-2, who pleads guilty

or nolo contendere, or is convicted of any felony shall have a DNA sample taken for analysis as

follows:

     (1) Every person who is sentenced to a term of confinement to prison, for any crime of

violence as defined in § 12-1.5-2, or any felony shall not be released prior to the expiration of his

or her maximum term of confinement unless and until a DNA sample has been taken;

     (2) Every person convicted of any crime of violence as defined in § 12-1.5-2, or any felony,

or who is sentenced thereon to any term of probation, or upon whose case sentencing is deferred

shall have a DNA sample taken for analysis by the department of health Rhode Island state crime

laboratory as a condition of any sentence which disposition will not involve an intake into prison.

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     (b) Every person arrested for any crime of violence as defined in § 12-1.5-2 shall, at the

time of booking, have a DNA sample taken for analysis and included in the Rhode Island DNA

database and DNA databank respectively as required by this chapter and every such person shall

be notified of his or her expungement rights under § 12-1.5-13 at or near the time the DNA sample

is taken.

     (1) The DNA sample shall be submitted by the arresting authority to the department of

health Rhode Island state crime laboratory. The department of health Rhode Island state crime

laboratory shall not test or place the sample in the statewide DNA database prior to arraignment

unless one of the following conditions has been met:

     (i) The arrestee appeared before any judicial officer for an arraignment and the judicial

officer made a finding that there was probable cause for the arrest; or

     (ii) The defendant was released and then failed to appear for the initial hearing, or escaped

custody prior to appearing before a judicial officer.

     (2) If all qualifying criminal charges are determined to be unsupported by probable cause:

     (i) The DNA sample shall be immediately destroyed; and

     (ii) Notice shall be sent by the prosecuting authority to the defendant and counsel of record

for the defendant that the sample was destroyed.

     (3) The arrestee requests or consents to having their DNA sample processed prior to

arraignment for the sole purpose of having the sample checked against a sample that has been

processed from the crime scene or the hospital, and is related to the charges against the person.

     (4) A second DNA sample shall be taken if needed to obtain sufficient DNA for the

statewide DNA database system or if ordered by the court for good cause shown.

     (c) All DNA samples taken pursuant to this section shall be taken in accordance with

regulations promulgated by the department of health Rhode Island state crime laboratory.

     (d) The director of the department of health Rhode Island state crime laboratory shall

promulgate rules and regulations governing the periodic review of the DNA identification database

to determine whether or not the database contains DNA profiles that should not be in the database,

including the steps necessary to expunge any profiles that the department Rhode Island state crime

laboratory determines should not be in the database.

     (e) The requirements of this chapter are mandatory. In the event that an arrestee’s DNA

sample is not adequate for any reason, the arrestee shall provide another DNA sample for analysis.

     (f) A sample does not need to be collected if the person has previously provided a sample

sufficient for DNA testing pursuant to the provisions of this section.

     12-1.5-10. Procedures for conduct, disposition and use of DNA analysis.

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     The department of health Rhode Island state crime laboratory shall promulgate procedures

to be used in the collection, submission, identification, analysis, storage and disposition of DNA

samples and typing results of DNA samples submitted under this chapter. These procedures shall

meet or exceed the current standards for quality assurance and proficiency testing for DNA analysis

issued by the F.B.I. All DNA sample typing results, all DNA records and all DNA samples shall

be securely stored in the state of Rhode Island DNA database and DNA databank respectively, in

the following manner:

     (1) All DNA sample typing results and the DNA records shall be stored in a computer

database after all personal identifiers have been removed. Further, these records shall be accessed

only through the use of an encryption code. The encryption code shall be confidential and only

those persons authorized by the department of health Rhode Island state crime laboratory and

charged with responsibilities under this chapter shall have access to these records and shall be given

the encryption code.

     (2) All DNA samples shall be securely locked, with a coded locking system, in a DNA

databank at the department of health Rhode Island state crime laboratory and only the director of

the department of health Rhode Island state crime laboratory and the head of the DNA laboratory

necessary personnel shall have access to these DNA samples to carry out the provisions of this

chapter.

     (3) The department of health Rhode Island state crime laboratory is authorized to contract

with third parties for purposes of creating a DNA record only. Any third party contracting to carry

out the functions of this chapter shall be subject to the same restrictions and requirements of this

chapter, and DNA samples provided to third parties pursuant to this section shall have all personal

identification removed.

     (4) Except as otherwise provided in § 12-1.5-11, DNA samples and DNA records collected

under this chapter shall be used only for law enforcement identification purposes or to assist in the

recovery of identification of human remains from disasters or for other humanitarian identification

purposes, including identification of missing persons; and

     (5) DNA samples and DNA records collected under this chapter shall never be used under

the provisions of this chapter for the purpose of obtaining information about physical

characteristics, traits or predispositions for disease.

     12-1.5-11. DNA database exchange.

     It shall be the duty of the department of health Rhode Island state crime laboratory to collect

DNA samples, to receive, store, and to perform analysis or to contract for DNA typing analysis

with a qualified DNA laboratory that meets the regulations as established by the department of

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health Rhode Island state crime laboratory, to classify and to file the DNA record of identification

characteristic profiles of DNA samples submitted under this chapter and to make the information

available as provided in this section. Access to the DNA databank shall be for identification

analysis only and shall be limited upon a showing of need to duly constituted federal, state and

local law enforcement agencies and their servicing forensic DNA laboratories and by court order

to the defendant or his or her attorney in a criminal case. The contents of the DNA record of

individuals in the state DNA database shall be made available:

     (1) To criminal justice agencies or approved DNA forensic laboratories which serve these

agencies; or

     (2) Upon written or electronic request and in furtherance of an official investigation by a

criminal justice agency or its designated forensic laboratory of a criminal offense or offender or

suspected offender;

     (3) To prosecuting attorneys who are actively involved in a case in which the DNA record

of an individual is relevant; to grand juries and courts when such records are subpoenaed; to defense

attorneys when the DNA record is relevant to a pending case.

     (4) The department of health Rhode Island state crime laboratory shall consistent with the

provisions of this chapter promulgate regulations governing the methods of obtaining information

from the state DNA database and CODIS and procedures for verification of the identity and

authority of the requester; and

     (5) The department of health Rhode Island state crime laboratory may create a separate

population database comprised of DNA samples obtained under this chapter after all personal

identification is removed. The department of health Rhode Island state crime laboratory may share

or disseminate the population database with other criminal justice agencies or forensic DNA

laboratories that serve to assist the department of health Rhode Island state crime laboratory with

statistical databases. The population database may be made available to and searched by other

agencies participating in the CODIS system.

     12-1.5-12. Cancellation of authority to access or exchange DNA records.

     The department of health Rhode Island state crime laboratory shall be authorized, for good

cause shown, to revoke or suspend the right of a forensic DNA laboratory within this state to access

or exchange DNA identification records with criminal justice agencies.

     12-1.5-13. Expungement.

     (a) A person whose DNA record or profile has been included in the databank pursuant to

this act may request expungement on the grounds that the conviction on which authority for

including that person’s DNA record or profile was based has been reversed. The department of

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health Rhode Island state crime laboratory shall purge all records and identifiable information in

the database pertaining to the person and destroy all samples from the person upon receipt of a

written request for expungement pursuant to this section and a certified copy of the final court order

reversing the conviction. The department of health Rhode Island state crime laboratory shall purge

and destroy all records and identifiable information in its database and all DNA samples taken

pursuant to this chapter from convicted persons upon official proof that the person has been

deceased for a period of at least three (3) years. Official proof shall include, but not be limited to,

a certified copy of a death certificate.

     (b) If the offense for which a DNA sample has been taken pursuant to § 12-1.5-8(b) does

not result in a charge through information or indictment; or leads to voluntary dismissal of the

charge by the state, or dismissal by a court; or by a not guilty verdict after trial; or upon the vacating

or the reversal of a conviction in which the state does not retry the defendant or appeal the decision;

or loses such appeal upon hearing; or upon any plea or conviction of a lesser offense that would

not give rise to the mandatory sampling of the individual’s DNA; the record or profile shall be

expunged from the state DNA identification database, regardless of any prior record for which

DNA sampling would not have been authorized, except pursuant to subsection (e) herein.

     (1) The prosecuting authority shall, within thirty (30) days of an event listed in this

subsection, notify the department of health Rhode Island state crime laboratory of such event for

purposes of expunging the person’s DNA record and any samples, analyses, or other documents

relating to the DNA testing of such individual in connection with the investigation, arrest, and/or

prosecution of the crime that resulted in the arrest of the person. The department Rhode Island state

crime laboratory shall, within thirty (30) days of receiving such notification, destroy and expunge

the person’s DNA record and any samples, analyses, or other documents relating to the DNA testing

of such individual and shall notify the individual of such action.

     (c) Upon receipt of a written request for expungement from the person whose DNA record

or profile has been included in the database pursuant to this chapter and notification of the

completion of a program of diversion or the completion of the term of a sentence of deferment, or

of the granting of a pardon, the record or profile shall be expunged from the state DNA

identification database, regardless of any prior record for which DNA sampling would not have

been authorized, except pursuant to subsection (e) herein, and such individual may apply to the

court for an order directing the expungement of their DNA record and any samples, analyses, or

other documents relating to the DNA testing of such individual in connection with the investigation,

arrest, and/or prosecution of the crime that resulted in the arrest of the person.

     (d) A copy of the expungement motion shall be served on the attorney general and the

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arresting police department with ten (10) days’ notice prior to hearing, and an order directing

expungement shall be granted if the court finds any of the appropriate conditions of the prior

subsection are satisfied.

     (e) The department of health Rhode Island state crime laboratory shall, by rule or

regulation, prescribe procedures to ensure that the DNA record in the state DNA identification

database, and any samples, analyses, or other documents relating to such record, whether in the

possession of the division, or any law enforcement or police agency, or any forensic DNA

laboratory, including any duplicates or copies thereof are destroyed, including any records from

CODIS. The director of health the Rhode Island state crime laboratory shall also adopt, by rule and

regulation, a procedure for the expungement in other appropriate circumstances of DNA records

contained in the database.

     (f) No expungement shall be granted where an individual has a prior conviction requiring

a DNA sample, or a pending charge for which collection of a sample was authorized pursuant to

the provisions of this chapter.

     (g) The detention, arrest, or conviction of a person based upon a database match or database

information is not invalidated if it is determined that the sample was obtained or placed in the

database by mistake. Any identification, warrant, or probable cause to arrest based upon a database

match is not invalidated due to a failure to expunge or a delay in expunging records.

     (h) At the time of collection of the DNA sample upon arrest of any crime of violence as

defined in § 12-1.5-2, the individual from whom a sample is collected shall be given written notice

that the DNA record may be expunged and the DNA sample destroyed in accordance with this

section. In addition, the department of health, the office of the attorney general, and the office of

the public defender shall post on their websites the expungement provisions of this section.

     12-1.5-16. Confidentiality of records.

     All DNA profiles and samples submitted to the department of health Rhode Island state

crime laboratory pursuant to this chapter shall be treated as confidential and exempt from the

provisions of chapter 2 of title 38 except as otherwise provided in this chapter.

     12-1.5-19. DNA offender audit.

     (a) The crime laboratory pursuant to chapter 1.2 of this title § 42-9-20 shall conduct an

audit of offender DNA profiles included on the state DNA databank pursuant to this chapter in

order to identify the number of DNA profiles that are missing from the databank which should have

been collected pursuant to this chapter. The crime laboratory shall support this effort as necessary

to comply with report deadlines.

     (b) The audit shall initiate with offender DNA samples that were required to be collected

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under this chapter, and shall include all samples required pursuant to § 12-1.5-7.

     (c) A preliminary report including the overall number of estimated owed DNA samples

shall be reported to the general assembly promptly upon completion of the initial audit, due to the

significant risk to public safety of any failed collections. The preliminary report shall be provided

by January 1, 2024.

     (d) A final report to further include additional details on types of offenses for which DNA

samples are owed, and an overview of where collection failures occurred shall be submitted no

later than December 31, 2024. Thereafter, an annual audit shall be completed and reported to the

general assembly no later than December 31 of each year.

     SECTION 6. 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 of the following:

     (1) Property stolen or embezzled, or obtained by any false pretense, or pretenses, with

intent to cheat or defraud within this state, or elsewhere;

     (2) Property kept, suffered to be kept, concealed, deposited, or possessed in violation of

law, or for the purpose of violating the law;

     (3) Property designed or intended for use, or that is or has been used, in violation of law,

or as a means of committing a violation of law;

     (4) Property that is evidence of the commission of a crime;

     (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;

     (6) Samples of blood or breath that may yield evidence of the presence of alcohol or a

controlled substance when subjected to a chemical test, as contemplated in § 31-27-2. When any

of the foregoing samples are seized for purposes of performing the aforementioned chemical test,

the seizure shall be conducted in accordance with the regulations of the department of health Rhode

Island state crime laboratory that apply to the consensual collection of such a sample for purposes

of the chemical test contemplated by § 31-27-2; or

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     (7) Property of a respondent under chapter 8.3 of title 8 where firearms may be under the

possession, custody, or control of the respondent.

     SECTION 7. Sections 31-27-2, 31-27-2.1, 31-27-2.3, 31-27-2.5 and 31-27-2.9 of the

General Laws in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as

follows:

     31-27-2. Driving under influence of liquor or drugs. [Effective July 1, 2025.]

     (a) Whoever drives or otherwise operates any vehicle in the state while under the influence

of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of

title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in

subsection (d)(3), and shall be punished as provided in subsection (d) of this section.

     (b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight

one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a

blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not

preclude a conviction based on other admissible evidence, including the testimony of a drug

recognition expert or evaluator, certified pursuant to training approved by the Rhode Island

department of transportation office on highway safety. Proof of guilt under this section may also

be based on evidence that the person charged was under the influence of intoxicating liquor, drugs,

toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these,

to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person

charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not

constitute a defense against any charge of violating this section.

     (2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.]

     (c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount

of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or

any combination of these, in the defendant’s blood at the time alleged as shown by a chemical

analysis of the defendant’s breath, blood, saliva or urine or other bodily substance, shall be

admissible and competent, provided that evidence is presented that the following conditions have

been complied with:

     (1) The defendant has consented to the taking of the test upon which the analysis is made.

Evidence that the defendant had refused to submit to the test shall not be admissible unless the

defendant elects to testify.

     (2) A true copy of the report of the test result was hand delivered at the location of the test

or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath

test.

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     (3) Any person submitting to a chemical test of blood, urine, saliva or other body fluids

shall have a true copy of the report of the test result mailed to him or her within thirty (30) days

following the taking of the test.

     (4) The test was performed according to methods and with equipment approved by the

director of the department of health of the state of Rhode Island state crime laboratory and by an

authorized individual.

     (5) Equipment used for the conduct of the tests by means of breath analysis had been tested

for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore

provided, and breathalyzer operators shall be qualified and certified by the department of health

Rhode Island state crime laboratory within three hundred sixty-five (365) days of the test.

     (6) The person arrested and charged with operating a motor vehicle while under the

influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of

title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to

have an additional chemical test. The officer arresting or so charging the person shall have informed

the person of this right and afforded him or her a reasonable opportunity to exercise this right, and

a notation to this effect is made in the official records of the case in the police department. Refusal

to permit an additional chemical test shall render incompetent and inadmissible in evidence the

original report.

     (d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as

follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one

percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence

of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine

of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be

required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be

imprisoned for up to one year. The sentence may be served in any unit of the adult correctional

institutions in the discretion of the sentencing judge and/or shall be required to attend a special

course on driving while intoxicated or under the influence of a controlled substance; provided,

however, that the court may permit a servicemember or veteran to complete any court-approved

counseling program administered or approved by the Veterans’ Administration, and his or her

driver’s license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The

sentencing judge or magistrate may prohibit that person from operating a motor vehicle, pursuant

to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system

and/or blood and urine testing as provided in § 31-27-2.8.

     (ii) Every person convicted of a first violation whose blood alcohol concentration is one-

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tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent

(.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than

one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to

perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for

up to one year. The sentence may be served in any unit of the adult correctional institutions in the

discretion of the sentencing judge. The person’s driving license shall be suspended for a period of

three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special

course on driving while intoxicated or under the influence of a controlled substance and/or

alcoholic or drug treatment for the individual; provided, however, that the court may permit a

servicemember or veteran to complete any court-approved counseling program administered or

approved by the Veterans’ Administration. The sentencing judge or magistrate may prohibit that

person from operating a motor vehicle that is not equipped with an ignition interlock system as

provided in § 31-27-2.8.

     (iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen

hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any

controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars

($500) and shall be required to perform twenty (20) to sixty (60) hours of public community

restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit

of the adult correctional institutions in the discretion of the sentencing judge. The person’s driving

license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing

judge shall require attendance at a special course on driving while intoxicated or under the influence

of a controlled substance and/or alcohol or drug treatment for the individual; provided, however,

that the court may permit a servicemember or veteran to complete any court-approved counseling

program administered or approved by the Veterans’ Administration. The sentencing judge or

magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9)

or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and

urine testing as provided in § 31-27-2.8.

     (2)(i) Every person convicted of a second violation within a ten-year (10) period with a

blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than

fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or

who has a blood presence of any controlled substance as defined in chapter 28 of title 21, and every

person convicted of a second violation within a ten-year (10) period, regardless of whether the prior

violation and subsequent conviction was a violation and subsequent conviction under this statute

or under the driving under the influence of liquor or drugs statute of any other state, shall be subject

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to a mandatory fine of four hundred dollars ($400). The person’s driving license shall be suspended

for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten

(10) days, nor more than one year, in jail. The sentence may be served in any unit of the adult

correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight

(48) hours of imprisonment shall be served consecutively. The sentencing judge shall require

alcohol or drug treatment for the individual; provided, however, that the court may permit a

servicemember or veteran to complete any court-approved counseling program administered or

approved by the Veterans’ Administration and shall prohibit that person from operating a motor

vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition

interlock system and/or blood and urine testing as provided in § 31-27-2.8.

     (ii) Every person convicted of a second violation within a ten-year (10) period whose blood

alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as shown by

a chemical analysis of a blood, breath, or urine sample, or who is under the influence of a drug,

toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to mandatory

imprisonment of not less than six (6) months, nor more than one year; a mandatory fine of not less

than one thousand dollars ($1,000); and a mandatory license suspension for a period of two (2)

years from the date of completion of the sentence imposed under this subsection. The sentencing

judge shall require alcohol or drug treatment for the individual; provided, however, that the court

may permit a servicemember or veteran to complete any court approved counseling program

administered or approved by the Veterans’ Administration. The sentencing judge or magistrate

shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10)

of this section, that is not equipped with an ignition interlock system and/or blood and urine testing

as provided in § 31-27-2.8.

     (3)(i) Every person convicted of a third or subsequent violation within a ten-year (10)

period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above,

but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is

unknown or who has a blood presence of any scheduled controlled substance as defined in chapter

28 of title 21, regardless of whether any prior violation and subsequent conviction was a violation

and subsequent conviction under this statute or under the driving under the influence of liquor or

drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory fine of

four hundred ($400) dollars. The person’s driving license shall be suspended for a period of two

(2) years to three (3) years, and the individual shall be sentenced to not less than one year and not

more than three (3) years in jail. The sentence may be served in any unit of the adult correctional

institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours

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of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug

treatment for the individual; provided, however, that the court may permit a servicemember or

veteran to complete any court-approved counseling program administered or approved by the

Veterans’ Administration, and shall prohibit that person from operating a motor vehicle, pursuant

to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system

and/or blood and urine testing as provided in § 31-27-2.8.

     (ii) Every person convicted of a third or subsequent violation within a ten-year (10) period

whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight as

shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of

a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to

mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a mandatory

fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000);

and a mandatory license suspension for a period of three (3) years from the date of completion of

the sentence imposed under this subsection. The sentencing judge shall require alcohol or drug

treatment for the individual. The sentencing judge or magistrate shall prohibit that person from

operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not

equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-

2.8.

     (iii) In addition to the foregoing penalties, every person convicted of a third or subsequent

violation within a ten-year (10) period, regardless of whether any prior violation and subsequent

conviction was a violation and subsequent conviction under this statute or under the driving under

the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the

sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the

state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund.

     (4) Whoever drives or otherwise operates any vehicle in the state while under the influence

of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of

title 21, or any combination of these, when his or her license to operate is suspended, revoked, or

cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty

of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more

than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the

individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an

individual who has surrendered his or her license and served the court-ordered period of suspension,

but who, for any reason, has not had his or her license reinstated after the period of suspension,

revocation, or suspension has expired; provided, further, the individual shall be subject to the

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provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent

offenses, and any other applicable provision of this section.

     (5)(i) For purposes of determining the period of license suspension, a prior violation shall

constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1.

     (ii) Any person over the age of eighteen (18) who is convicted under this section for

operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of

these, while a child under the age of thirteen (13) years was present as a passenger in the motor

vehicle when the offense was committed shall be subject to immediate license suspension pending

prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a

first offense and may be sentenced to a term of imprisonment of not more than one year and a fine

not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent

offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not

more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing

judge shall also order a license suspension of up to two (2) years, require attendance at a special

course on driving while intoxicated or under the influence of a controlled substance, and alcohol

or drug education and/or treatment. The individual may also be required to pay a highway

assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited

in the general fund.

     (6)(i) Any person convicted of a violation under this section shall pay a highway

assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The

assessment provided for by this subsection shall be collected from a violator before any other fines

authorized by this section.

     (ii) Any person convicted of a violation under this section shall be assessed a fee of eighty-

six dollars ($86).

     (7)(i) If the person convicted of violating this section is under the age of eighteen (18)

years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of

public community restitution and the juvenile’s driving license shall be suspended for a period of

six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing

judge shall also require attendance at a special course on driving while intoxicated or under the

influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile.

The juvenile may also be required to pay a highway assessment fine of no more than five hundred

dollars ($500) and the assessment imposed shall be deposited into the general fund.

     (ii) If the person convicted of violating this section is under the age of eighteen (18) years,

for a second or subsequent violation regardless of whether any prior violation and subsequent

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conviction was a violation and subsequent conviction under this statute or under the driving under

the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory

suspension of his or her driving license until such time as he or she is twenty-one (21) years of age

and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training

school for a period of not more than one year and/or a fine of not more than five hundred dollars

($500).

     (8) Any person convicted of a violation under this section may undergo a clinical

assessment at the community college of Rhode Island’s center for workforce and community

education. Should this clinical assessment determine problems of alcohol, drug abuse, or

psychological problems associated with alcoholic or drug abuse, this person shall be referred to an

appropriate facility, licensed or approved by the department of behavioral healthcare,

developmental disabilities and hospitals, for treatment placement, case management, and

monitoring. In the case of a servicemember or veteran, the court may order that the person be

evaluated through the Veterans’ Administration. Should the clinical assessment determine

problems of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse,

the person may have their treatment, case management, and monitoring administered or approved

by the Veterans’ Administration.

     (9) Notwithstanding any other sentencing and disposition provisions contained in this

chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was

operating a vehicle in the state while under the influence of drugs, toluene, or any controlled

substance as evidenced by the presence of controlled substances on or about the person or vehicle,

or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a

preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration,

or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement of

an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition

to operating a motor vehicle as provided in § 31-27-2.8.

     (10) Notwithstanding any other sentencing and disposition provisions contained in this

chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was

operating a vehicle in the state while under the influence of drugs, toluene, or any controlled

substance as evidenced by the presence of controlled substances on or about the person or vehicle,

or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a

preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or

both, the judge or magistrate may require an ignition interlock system in addition to blood and/or

urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8.

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     (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per

one hundred cubic centimeters (100 cc) of blood.

     (f)(1) There is established an alcohol and drug safety unit within the division of motor

vehicles to administer an alcohol safety action program. The program shall provide for placement

and follow-up for persons who are required to pay the highway safety assessment. The alcohol and

drug safety action program will be administered in conjunction with alcohol and drug programs

licensed by the department of behavioral healthcare, developmental disabilities and hospitals.

     (2) Persons convicted under the provisions of this chapter shall be required to attend a

special course on driving while intoxicated or under the influence of a controlled substance, and/or

participate in an alcohol or drug treatment program, which course and programs must meet the

standards established by the Rhode Island department of behavioral healthcare, developmental

disabilities and hospitals; provided, however, that the court may permit a servicemember or veteran

to complete any court-approved counseling program administered or approved by the Veterans’

Administration. The course shall take into consideration any language barrier that may exist as to

any person ordered to attend, and shall provide for instruction reasonably calculated to

communicate the purposes of the course in accordance with the requirements of the subsection.

Any costs reasonably incurred in connection with the provision of this accommodation shall be

borne by the person being retrained. A copy of any violation under this section shall be forwarded

by the court to the alcohol and drug safety unit. In the event that persons convicted under the

provisions of this chapter fail to attend and complete the above course or treatment program, as

ordered by the judge, then the person may be brought before the court, and after a hearing as to

why the order of the court was not followed, may be sentenced to jail for a period not exceeding

one year.

     (3) The alcohol and drug safety action program within the division of motor vehicles shall

be funded by general revenue appropriations.

     (g) The director of the department of health Rhode Island state crime laboratory is

empowered to make and file with the secretary of state regulations that prescribe the techniques

and methods of chemical analysis of the person’s body fluids or breath and the qualifications and

certification of individuals authorized to administer this testing and analysis.

     (h) Jurisdiction for misdemeanor violations of this section shall be with the district court

for persons eighteen (18) years of age or older and to the family court for persons under the age of

eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to

order the suspension of any license for violations of this section. Trials in superior court are not

required to be scheduled within thirty (30) days of the arraignment date.

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     (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on

driving while intoxicated or under the influence of a controlled substance, public community

restitution, or jail provided for under this section can be suspended.

     (j) An order to attend a special course on driving while intoxicated, that shall be

administered in cooperation with a college or university accredited by the state, shall include a

provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars

($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into

the general fund.

     (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the

presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is

considered a chemical test.

     (l) If any provision of this section, or the application of any provision, shall for any reason

be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the

section, but shall be confined in this effect to the provision or application directly involved in the

controversy giving rise to the judgment.

     (m) For the purposes of this section, “servicemember” means a person who is presently

serving in the armed forces of the United States, including the Coast Guard, a reserve component

thereof, or the National Guard. “Veteran” means a person who has served in the armed forces,

including the Coast Guard of the United States, a reserve component thereof, or the National Guard,

and has been discharged under other than dishonorable conditions.

     31-27-2.1. Refusal to submit to chemical test. [Effective July 1, 2025.]

     (a) Any person who operates a motor vehicle within this state shall be deemed to have

given his or her consent to chemical tests of his or her breath, blood, saliva and/or urine for the

purpose of determining the chemical content of his or her body fluids or breath. No more than two

(2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene

or any controlled substance, as defined in § 21-28-1.02, shall be administered at the direction of a

law enforcement officer having reasonable grounds to believe the person to have been driving a

motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any

controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director

of the department of health Rhode Island state crime laboratory is empowered to make and file,

with the secretary of state, regulations that prescribe the techniques and methods of chemical

analysis of the person’s body fluids or breath and the qualifications and certification of individuals

authorized to administer the testing and analysis.

     (b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the

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person may file an affidavit with the division of motor vehicles stating the reasons why he or she

cannot be required to take blood tests and a notation to this effect shall be made on his or her

license. If that person is asked to submit to chemical tests as provided under this chapter, the person

shall only be required to submit to chemical tests of his or her breath, saliva or urine. When a person

is requested to submit to blood tests, only a physician or registered nurse, or a medical technician

certified under regulations promulgated by the director of the department of health Rhode Island

state crime laboratory, may withdraw blood for the purpose of determining the alcoholic content in

it. This limitation shall not apply to the taking of breath, saliva or urine specimens. The person

tested shall be permitted to have a physician of his or her own choosing, and at his or her own

expense, administer chemical tests of his or her breath, blood, saliva and/or urine in addition to the

tests administered at the direction of a law enforcement officer. If a person, having been placed

under arrest, refuses upon the request of a law enforcement officer to submit to the tests, as provided

in § 31-27-2, none shall be given.

     (1) At the initial traffic tribunal appearance, the magistrate shall review the incident, action,

and/or arrest reports submitted by the law enforcement officer to determine if there exists

reasonable grounds to believe that the person had been driving a motor vehicle while under the

influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of

title 21, or any combination thereof. The magistrate shall also determine if the person had been

informed of the penalties incurred as a result of failing to submit to a chemical test as provided in

this section and that the person had been informed of the implied consent notice contained in

subsection (c)(10) of this section. For the purpose of this subsection only, “driving a motor vehicle

while under the influence of any controlled substance as defined in chapter 28 of title 21” shall be

indicated by the presence or aroma of a controlled substance on or about the person or vehicle of

the individual refusing the chemical test or other reliable indicia or articulable conditions that the

person was impaired due to their intake of a controlled substance.

     (2) If the magistrate determines that subsection (b)(1) of this section has been satisfied they

shall promptly order that the person’s operator’s license or privilege to operate a motor vehicle in

this state be immediately suspended. Said suspension shall be subject to the hardship provisions

enumerated in § 31-27-2.8.

     (c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant

to the terms of subsection (d) of this section, shall order as follows:

     (1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to

five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of

public community restitution. The person’s driving license in this state shall be suspended for a

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period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance

at a special course on driving while intoxicated or under the influence of a controlled substance

and/or alcohol or drug treatment for the individual. The traffic tribunal judge or magistrate may

prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock

system and/or blood and urine testing as provided in § 31-27-2.8.

     (2) Every person convicted of a second violation within a ten-year (10) period, except with

respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall be

imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred dollars

($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of public

community restitution; and the person’s driving license in this state shall be suspended for a period

of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug treatment

for the individual. The sentencing judge or magistrate shall prohibit that person from operating a

motor vehicle that is not equipped with an ignition interlock system and/or blood and urine testing

as provided in § 31-27-2.8.

     (3) Every person convicted for a third or subsequent violation within a ten-year (10) period,

except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor;

and shall be imprisoned for not more than one year; fined eight hundred dollars ($800) to one

thousand dollars ($1,000); shall perform not less than one hundred (100) hours of public community

restitution; and the person’s operator’s license in this state shall be suspended for a period of two

(2) years to five (5) years. The sentencing judge or magistrate shall prohibit that person from

operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and

urine testing as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or drug

treatment for the individual. Provided, that prior to the reinstatement of a license to a person charged

with a third or subsequent violation within a three-year (3) period, a hearing shall be held before a

judge or magistrate. At the hearing, the judge or magistrate shall review the person’s driving record,

his or her employment history, family background, and any other pertinent factors that would

indicate that the person has demonstrated behavior that warrants the reinstatement of his or her

license.

     (4) For a second violation within a ten-year (10) period with respect to a case of a refusal

to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand dollars

($1,000); the person shall perform sixty (60) to one hundred (100) hours of public community

restitution; and the person’s driving license in this state shall be suspended for a period of two (2)

years. The judicial officer shall require alcohol and/or drug treatment for the individual. The

sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not

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equipped with an ignition interlock system as provided in § 31-27-2.8. Such a violation with respect

to refusal to submit to a chemical blood test shall be a civil offense.

     (5) For a third or subsequent violation within a ten-year (10) period with respect to a case

of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one

thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of public

community restitution; and the person’s driving license in this state shall be suspended for a period

of two (2) to five (5) years. The sentencing judicial officer shall prohibit that person from operating

a motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8.

The judicial officer shall require alcohol and/or drug treatment for the individual. Such a violation

with respect to refusal to submit to a chemical test of blood shall be a civil offense. Provided, that

prior to the reinstatement of a license to a person charged with a third or subsequent violation within

a three-year (3) period, a hearing shall be held before a judicial officer. At the hearing, the judicial

officer shall review the person’s driving record, his or her employment history, family background,

and any other pertinent factors that would indicate that the person has demonstrated behavior that

warrants the reinstatement of their license.

     (6) For purposes of determining the period of license suspension, a prior violation shall

constitute any charge brought and sustained under the provisions of this section or § 31-27-2.

     (7) In addition to any other fines, a highway safety assessment of five hundred dollars

($500) shall be paid by any person found in violation of this section, the assessment to be deposited

into the general fund. The assessment provided for by this subsection shall be collected from a

violator before any other fines authorized by this section.

     (8) In addition to any other fines and highway safety assessments, a two-hundred-dollar

($200) assessment shall be paid by any person found in violation of this section to support the

department of health's Rhode Island state crime laboratory's chemical testing programs outlined in

§§ 31-27-2(f) and 31-27-2(g), that shall be deposited as general revenues, not restricted receipts.

     (9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on

driving while intoxicated or under the influence of a controlled substance, or public community

restitution provided for under this section can be suspended.

     (10) Implied consent notice for persons eighteen (18) years of age or older: “Rhode Island

law requires you to submit to a chemical test of your blood, breath, saliva, or urine for the purpose

of determining the chemical content of your body fluids or breath. If you refuse this testing, certain

penalties can be imposed and include the following: for a first offense, your Rhode Island driver’s

license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to

one year or modified to permit operation in connection with an ignition interlock device and/or

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blood and urine testing for a period specified by law; a fine from two hundred dollars ($200) to five

hundred dollars ($500) can be imposed; and you can be ordered to perform ten (10) to sixty (60)

hours of community service and attend a special course on driving while intoxicated or under the

influence of a controlled substance and/or alcohol or drug treatment. If you have had one or more

previous offenses within the past ten (10) years, your refusal to submit to a chemical test of breath

or urine at this time can have criminal penalties, including incarceration up to six (6) months for a

second offense and up to one year for a third or subsequent offense, and can carry increased license

suspension or ignition interlock and/or blood and urine testing periods, fines, and community

service. All violators shall pay a five hundred dollar ($500) highway safety assessment fee, a two

hundred dollar ($200) department of health Rhode Island state crime laboratory chemical testing

programs assessment fee, and a license reinstatement fee. Refusal to submit to a chemical test of

blood shall not subject you to criminal penalties for the refusal itself, but if you have one or more

previous offenses other civil penalties may increase. You have the right to be examined at your

own expense by a physician selected by you. If you submit to a chemical test at this time, you have

the right to have an additional chemical test performed at your own expense. You will be afforded

a reasonable opportunity to exercise these rights. Access to a telephone will be made available for

you to make those arrangements. You may now use a telephone.”

     Use of this implied consent notice shall serve as evidence that a person’s consent to a

chemical test is valid in a prosecution involving driving under the influence of liquor, controlled

substances, and/or drugs.

     (d) Upon suspending or refusing to issue a license or permit as provided in subsection (a),

the traffic tribunal or district court shall immediately notify the person involved in writing, and

upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as

early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer

oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books

and papers. If the judge finds after the hearing that:

     (1) The law enforcement officer making the sworn report had reasonable grounds to believe

that the arrested person had been driving a motor vehicle within this state while under the influence

of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or

any combination of these;

     (2) The person, while under arrest, refused to submit to the tests upon the request of a law

enforcement officer;

     (3) The person had been informed of his or her rights in accordance with § 31-27-3; and

     (4) The person had been informed of the penalties contained in the implied consent notice

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set forth in subsection (c)(10) of this section, the judge shall sustain the violation. The judge shall

then impose the penalties set forth in subsection (c) of this section. Action by the judge must be

taken within seven (7) days after the hearing or it shall be presumed that the judge has refused to

issue his or her order of suspension.

     (e) For the purposes of this section, any test of a sample of blood, breath, or urine for the

presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is

considered a chemical test.

     (f) If any provision of this section, or the application of any provision, shall, for any reason,

be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section,

but shall be confined in this effect to the provisions or application directly involved in the

controversy giving rise to the judgment.

     31-27-2.3. Revocation of license upon refusal to submit to preliminary breath test.

     (a) When a law enforcement officer has reason to believe that a person is driving or in

actual physical control of any motor vehicle in this state while under the influence of alcohol, the

law enforcement officer may require the person to submit to a preliminary breath analysis for the

purpose of determining the person’s blood alcohol content. The breath analysis must be

administered immediately upon the law enforcement officer’s formulation of a reasonable belief

that the person is driving or in actual control of a motor vehicle while under the influence of alcohol,

or immediately upon the stop of the person, whichever is later in time. Any chemical breath analysis

required under this section must be administered with a device and in a manner approved by the

director of the department of health Rhode Island state crime laboratory for that purpose. The result

of a preliminary chemical breath analysis may be used for the purpose of guiding the officer in

deciding whether an arrest should be made. When a driver is arrested following a preliminary breath

analysis, tests may be taken pursuant to § 31-27-2.1. The results of a preliminary breath test may

not be used as evidence in any administrative or court proceeding involving driving while

intoxicated or refusing to take a breathalyzer test, except as evidence of probable cause in making

the initial arrest.

     (b) If a person refuses, upon a lawful request of a law enforcement officer, to submit to a

test under subsection (a) of this section, that person shall be guilty of an infraction and shall be

subject to the penalty provided in § 31-41.1-4. However, it shall be a defense to a charge of refusing

a validly requested preliminary breath analysis that the medical condition of a person precluded the

giving of any such test.

     31-27-2.5. Chemical tests to persons under eighteen (18) years of age — Refusal —

License suspension.

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     (a) Any person under eighteen (18) years of age who shall refuse to submit to a chemical

test as provided in § 31-27-2 shall have imposed all the penalties provided by § 31-27-2.1, but shall

have his or her license suspended on a first violation for six (6) months, subject to the terms of

subsection (e) of this section.

     (b) Jurisdiction for violations of this section is given to the family court.

     (c) If a person as set forth in subsection (a) of this section refuses, upon the request of a

law enforcement officer, to submit to a test as provided in § 31-27-2.1, none shall be given, but a

judge of the family court, upon receipt of a report or testimony of a law enforcement officer: that

he or she had probable cause to stop the arrested person and reasonable grounds to believe the

arrested person had been driving a motor vehicle within this state while impaired by intoxicating

liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination

of these; that the person had been informed of his or her rights in accordance with § 31-27-3; that

the person had been informed of the implied consent notice contained in subsection (h) of this

section; and that the person had refused to submit to the test upon the request of a law enforcement

officer; shall promptly order a hearing on whether the person’s operator’s license or privilege to

operate a motor vehicle in this state shall be suspended. Upon suspension, the judge shall order the

license of the person to be surrendered to the department of administration, division of motor

vehicles, within three (3) days.

     (d) If the person takes a test, as provided in § 31-27-2 and the test determines the person’s

blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than one-

tenth of one percent (.1%) by weight, the person shall be determined to have been driving while

impaired. A judge of the family court shall, pursuant to the terms of subsection (e) of this section,

order as follows:

     (1) A highway safety assessment of one hundred fifty dollars ($150), or community

restitution in lieu of highway safety assessment shall be paid by any person found in violation of

this section. The assessment shall be deposited into the general fund.

     (2) The person’s driving license shall be suspended for six (6) months on a first violation,

and may be suspended for a period of up to twelve (12) months, provided the person also shall

attend a special course on driving while intoxicated and provided that the person shall also attend

an alcohol and/or drug treatment program if ordered by the family court judge. Failure or refusal

of the person to attend the course and/or alcohol or drug treatment program shall result in the

person’s driving license being suspended until the course or treatment program has been completed.

     (3) On a second violation of this section, the person’s driving license shall be suspended

until he or she is twenty-one (21) years of age. The sentencing judge shall require alcohol and/or

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drug treatment for the individual.

     (4) On a third or subsequent violation, the person’s driving license shall be suspended for

an additional period of two (2) years and the sentencing judge shall require alcohol and/or drug

treatment for the individual.

     (5) No suspensions, assessments, driving while intoxicated school, or alcohol and/or drug

treatment programs under this section can be suspended, shortened, altered, or changed.

     (e) Upon suspending a license or permit as provided in subsection (a), (c), or (d) of this

section, the family court shall immediately notify the person involved, in writing, as well as the

custodial parent if the person is under the age of eighteen (18) years.

     (f) The police department which charges any person under eighteen (18) years of age with

refusal to submit to a chemical test, driving while impaired by intoxicating liquors or drugs, or

driving while under the influence of liquor or drugs, shall ascertain the name and address of the

custodial parent of the person and shall notify the parent in writing within ten (10) days of the

charge.

     (g) The department of administration, upon issuing a first license to a person sixteen (16)

or seventeen (17) years of age, shall provide a written notice of the penalties provided by this

section. Any violation of this section shall not be considered a criminal offense.

     (h) Implied consent notice for persons under eighteen (18) years of age:

     “Rhode Island law requires you to submit to a chemical test of your blood, breath, or urine

for the purpose of determining the chemical content of your body fluids or breath. If you refuse this

testing, certain penalties can be imposed. These penalties include the following: your Rhode Island

driver’s license or privilege to operate a motor vehicle in this state can be suspended for six (6)

months or modified to permit operation in connection with an ignition interlock device for a period

specified by law; a fine from two hundred dollars ($200) to five hundred dollars ($500) can be

imposed; and you can be ordered to perform ten (10) to sixty (60) hours of community service and

attend a special course on driving while intoxicated or under the influence of a controlled substance

and/or alcohol or drug treatment. If you have had one or more previous offenses within the past

five (5) years, your loss or modification of license, fine, and community service sanctions can

increase over those provided for a first offense. All violators shall pay a five hundred dollar ($500)

highway safety assessment fee, a two hundred dollar ($200) department of health Rhode Island

state crime laboratory chemical testing programs fee, and a license reinstatement fee. If you refuse

to submit to a chemical test, you will be required to maintain proof of financial responsibility for

three (3) years. Refusal to submit to a chemical test shall not be considered a criminal offense. You

have the right to be examined at your own expense by a physician selected by you. If you submit

LC002536 - Page 33 of 36

to a chemical test at this time, you have the right to have an additional chemical test performed at

your own expense. You will be afforded a reasonable opportunity to exercise these rights. Access

to a telephone will be made available for you to make those arrangements. You may now use the

telephone.”

     Use of this implied consent notice shall serve as evidence that a person’s consent to a

chemical test is valid in a trial for driving under the influence of liquor, controlled substances,

and/or drugs.

     31-27-2.9. Administration of chemical test.

     (a) Notwithstanding any provision of § 31-27-2.1, if an individual refuses to consent to a

chemical test as provided in § 31-27-2.1, and a peace officer, as defined in § 12-7-21, has probable

cause to believe that the individual has violated one or more of the following sections: 31-27-1, 31-

27-1.1, 31-27-2.2, or 31-27-2.6 and that the individual was operating a motor vehicle under the

influence of any intoxicating liquor, toluene or any controlled substance as defined in chapter 21-

28, or any combination thereof, a chemical test may be administered without the consent of that

individual provided that the peace officer first obtains a search warrant authorizing administration

of the chemical test. The chemical test shall determine the amount of the alcohol or the presence of

a controlled substance in that person’s blood, saliva or breath.

     (b) The chemical test shall be administered in accordance with the methods approved by

the director of the department of health Rhode Island state crime laboratory as provided for in

subdivision 31-27-2(c)(4). The individual shall be afforded the opportunity to have an additional

chemical test as established in subdivision 31-27-2(c)(6).

     (c) Notwithstanding any other law to the contrary, including, but not limited to, chapter 5-

37.3, any health care provider who, as authorized by the search warrant in subsection (a):

     (i) Takes a blood, saliva or breath sample from an individual; or

     (ii) Performs the chemical test; or

     (iii) Provides information to a peace officer pursuant to subsection (a) above and who uses

reasonable care and accepted medical practices shall not be liable in any civil or criminal

proceeding arising from the taking of the sample, from the performance of the chemical test or from

the disclosure or release of the test results.

     (d) The results of a chemical test performed pursuant to this section shall be admissible as

competent evidence in any civil or criminal prosecution provided that evidence is presented in

compliance with the conditions set forth in subdivisions 31-27-2(c)(3), 31-27-2(c)(4) and 31-27-

2(c)(6).

     (e) All chemical tests administered pursuant to this section shall be audio and video

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recorded by the law enforcement agency which applied for and was granted the search warrant

authorizing the administration of the chemical test.

     SECTION 8. Section 21-28-4.21 of the General Laws in Chapter 21-28 entitled "Uniform

Controlled Substances Act" is hereby amended to read as follows:

     21-28-4.21. Drug testing required.

     Every person who shall be placed on probation for a violation of any section in this chapter

prohibiting the unlawful sale, distribution, manufacture, delivery or possession with intent to

manufacture, sell, distribute or deliver any controlled substance as classified in schedule I or II or

possession of a controlled substance as classified in schedule I or II shall, as a condition of the

probation, be required to at his or her own expense submit to drug testing in accordance with the

standards and procedures of the department of health Rhode Island state crime laboratory not less

than once per month.

     SECTION 9. 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 -- STATE CRIME LABORATORY

COMMISSION

***

     This act would establish the Rhode Island state crime laboratory within the department of

attorney general.

     This act would take effect upon passage.

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