Title 12, Title 12 Procedure

(a) A law enforcement officer who responds to or investigates a domestic violence incident shall complete a domestic violence report, whether or not an arrest occurs. (b) For the purpose of establishing accurate data on the extent and severity of domestic violence in the state an…

(a) All domestic violence and sexual assault protective orders must be filed in the R.O.N.C.O. system at the attorney general’s bureau of criminal identification (B.C.I.) unit. (b)(1) All protective orders filed against individuals aged eighteen (18) years and over and issued by …

(a)(1) For the purpose of documenting incidents of family violence resulting in injuries treated at medical facilities or by medical providers and of providing statistically valid information on the extent of family violence, the domestic violence training and monitoring unit of …

The effective prosecution of persons involved in organized criminal activity often requires the development and use of testimony obtained from witnesses who were themselves involved in crime. These witnesses include victims of crime, material witnesses or any person prepared to p…

The attorney general and the state police shall promulgate rules and regulations in furtherance of the administration of their responsibilities pursuant to this chapter. Those rules and regulations shall be submitted to the witness protection review board. Any amendment of or add…

In order to minimize the period of time during which protection must be provided for the witness, the trial of cases in which a protected witness will be testifying shall, upon application of the attorney general, be given priority on the criminal trial calendar by the superior c…

(a) On the second Friday of January of each year, the attorney general shall submit a report to the general assembly stating the number of proposed agreements submitted to the witness protection review board during the previous year and the number of agreements approved by the bo…

(a) All personally descriptive information, including, but not limited to, names, addresses, telephone numbers, dates of birth, social security numbers, license or identification card numbers, automobile registration numbers, or any other data that may compromise the identity or …

Whenever any law enforcement official of the state or any city or town determines that a person who is: (1) incarcerated upon conviction for a felony; (2) indicted or informed against for a felony; or (3) the subject of a felony investigation; is willing to give evidence regardin…

(a) There is created within the attorney general’s office a witness protection review board, consisting of an assistant attorney general appointed by the attorney general, an officer of the state police appointed by the superintendent of state police, and a municipal police chief…

Whenever any law enforcement official of the state or any city or town determines that a prospective witness who is not incarcerated, charged, or under investigation for commission of a felony requires custodial protection and/or assistance with relocation due to a threat to the …

Whenever the terms of an agreement with a criminal witness provide for him or her to serve a period of incarceration in the state, his or her confinement shall be either at the adult correctional institutions (ACI) or at a facility maintained and supervised by the state police. T…

(a) The agency responsible for supervision of the protected criminal witness shall maintain a daily record of the witness’ activities. That record shall include, but not be limited to: (1) The identity of all persons assigned to guard the witness and the hours of their duty; (2) …

The law enforcement agency which developed the criminal witness protection program together with the attorney general’s office shall be primarily responsible for debriefing the witness and preparing his or her testimony. Those officers involved in the investigation and prosecutio…

The cost of maintaining a protected criminal witness in custody shall be paid by the attorney general from funds appropriated to his or her office for that purpose. Expenditures shall be monitored by the witness protection review board, which shall determine an appropriate budget…

The witness protection review board shall examine the status of each case involving a protected criminal witness at three (3) month intervals. Any change in the terms of confinement of the witness must be reported to the board within five (5) days of its occurrence.

The general assembly declares that the words “public community service” which appear through this title shall now be substituted with and referred to as “public community restitution”.

As used in this chapter: (1) “Adverse result” means: (i) Endangering the life or physical safety of an individual; (ii) Flight from prosecution; (iii) Destruction of, or tampering with, evidence; (iv) Intimidation of potential witnesses; or (v) Otherwise seriously jeopardizing an…

No agent of the state, or any political subdivision of the state, shall obtain location information without a warrant unless a warrant requirement exception applies.

(a) Unless delayed under subsection (b), notice to the affected customer or subscriber is required not later than five (5) days after an agent of the state, or any political subdivision of the state, receives location information under this chapter that is obtained with or withou…

(a) Notwithstanding any other provision of this chapter, an agent of the state, or any political subdivision of the state, may obtain location information from a service provider without obtaining a warrant under the following circumstances: (1) In order to respond to the user’s …

(a) By January 31 of each calendar year, each law enforcement agency that collected any location information from electronic devices in the previous calendar year shall issue a report identifying the number of warrants issued for location information for an electronic device that…

No cause of action shall lie in any court against a service provider or such provider’s officers, employees, agents, or other specified persons, for providing information, facilities, or assistance in accordance with the terms of any court order, warrant, or for providing informa…

(a) The general assembly finds that innocent persons who have been wrongfully convicted of crimes through no fault of their own have been uniquely victimized, and are deserving of consideration and remuneration for this miscarriage of justice. (b) For the purposes of this chapter…

(a) In order to present an actionable claim pursuant to this chapter, the claimant must establish by documentary evidence that: (1) Claimant has been convicted of one or more crimes and, as a result of the conviction, was sentenced to a term of imprisonment and has served all or …

All claims of wrongful conviction and imprisonment under this chapter shall be presented to and heard by the presiding justice of the superior court.

(a) In order to obtain a judgment in their favor, the claimant must prove by a preponderance of the evidence that: (1) Claimant was convicted of one or more crimes, and subsequently sentenced to a term of imprisonment for more than one year, and has served all or any part of the …

Any awards, amounts, or fees awarded pursuant to the provisions of this chapter shall, at the direction of the court, be provided by the general treasurer from the general fund.

The provisions of this chapter shall not be construed to prohibit a person who has been wrongfully convicted and incarcerated as a result of the misfeasance or malfeasance on the part of the state or any of its political subdivisions from seeking compensation or relief pursuant t…

Any person claiming compensation under this section based on a pardon that was granted or the vacated or reversed judgment of conviction that occurred before June 30, 2021, shall file such claim not later than three (3) years after June 30, 2021. Any person claiming compensation …

As used in this chapter: (1) “Aggrieved person” means an individual who was a party to any intercepted wire, electronic, or oral communication or against whom the interception was directed. (2) “Communications common carrier” has the same meaning given the term “common carrier” b…

(a) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication, or evidence derived from them, may disclose the contents to another investigative or law enforceme…

The contents of any intercepted wire, electronic, or oral communication or evidence derived from them shall not be received in evidence or otherwise disclosed in any criminal proceeding unless each party, not less than ten (10) days before the proceeding has been furnished with a…

(a) Any aggrieved person may move to suppress the contents of any intercepted wire, electronic, or oral communication or evidence derived from them on the grounds that: (1) The communication was unlawfully intercepted; (2) The order under which it was intercepted is insufficient …

(a) Any person whose wire, electronic, or oral communication is intercepted, disclosed, or used in violation of this chapter shall have a civil cause of action against any person who intercepts, discloses, or uses the communications, and shall be entitled to recover from that per…

(a) On the second Friday of January, of each year, the attorney general shall submit a report to the general assembly stating the number of applications made for orders during the previous year and the number of orders issued. In addition, the report shall provide, for each wiret…

Notwithstanding any provision of this chapter, any court to which an application is made in accordance with this chapter may take any evidence, make any finding, or issue any order required to conform the proceedings or the issuance of any order of authorization or approval as pr…

If any provision of this chapter or its application to any person or circumstances is held invalid, its invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisio…

(a) The attorney general, or an assistant attorney general specially designated by the attorney general, may apply ex parte to the presiding justice of the superior court of competent jurisdiction for an order authorizing the interception of any wire, electronic, or oral communic…

Application for an order to intercept wire, electronic, or oral communication may be made to the presiding justice of the superior court or the senior associate justice of the superior court whenever the presiding justice shall deem it necessary to disqualify himself or herself f…

(a) Upon the application as provided in § 12-5.1-2 the presiding justice of the superior court, or the senior associate justice of the superior court when the presiding justice shall disqualify himself or herself from entering the order, may enter an ex parte order, as required o…

(a) Each order authorizing the interception of any wire, electronic, or oral communication shall specify: (1) The identity, or a particular description of the person, if known, whose communications are to be intercepted; (2) The nature and location of the communications facilitie…

(a) An order of approval of the interception of any wire, electronic, or oral communication relating to an offense other than that specified in the order of authorization may be issued where the court finds on an application for an order of approval submitted in the same manner a…

(a) An order may be executed pursuant to its terms anywhere in the state. (b) An order may be personally executed by the authorized applicant or by other investigative or law enforcement officer designated by him or her or the presiding justice of the superior court for the purpo…

(a) The contents of any wire, electronic, or oral communication intercepted by any means authorized by this chapter shall, if practicable, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, electronic, or oral communication under th…

(a) Within a reasonable time but not later than ninety (90) days after the termination of the period of the order or of extensions of the order, the presiding justice of the superior court shall cause to be served on the person named in the order or application, and any other par…