AN ACT RELATING TO CRIMINAL PROCEDURE -- COUNTY GRAND JURIES (Permits grand juries to issue reports and provides for a process for review and acceptance by the superior court for dissemination to the public.)

H8078

2026 -- H 8078
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LC005631
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL PROCEDURE -- COUNTY GRAND JURIES

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

Date Introduced:
February 27, 2026

Referred To:
House Judiciary
(Attorney General)
It is enacted by the General Assembly as follows:
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SECTION 1. Section 12-11-1 of the General Laws in Chapter 12-11 entitled "County
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Grand Juries" is hereby amended to read as follows:
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12-11-1. Number of members.
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The grand jury shall consist of not less than thirteen (13) nor more than twenty-three (23)
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persons. Whenever the attorney general shall by motion in writing make application to any justice
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of the superior court for a grand jury to consist of twenty-three (23) persons, the motion shall
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immediately be granted.
A county grand jury may issue reports consistent with the provisions of §
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12-11.1-6.
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SECTION 2. Section 12-11.1-1 of the General Laws in Chapter 12-11.1 entitled "Statewide
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Grand Juries" is hereby amended to read as follows:
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12-11.1-1. Statewide grand jury — Size and powers.
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A statewide grand jury shall consist of not less than thirteen (13) nor more than twenty-
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three (23) persons. The jurisdiction of a statewide grand jury shall extend throughout the state and
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it may investigate and return indictments for crimes committed any place within the state
, and may
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issue reports consistent with the provisions of § 12-11.1-6
. A statewide grand jury shall in all other
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respects possess the usual powers and duties of county grand juries.
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SECTION 3. Chapter 12-11.1 of the General Laws entitled "Statewide Grand Juries" is
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hereby amended by adding thereto the following section:
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12-11.1-6. Grand jury reports.

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(a) The grand jury may, at any time during its term, submit a grand jury report to the
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presiding justice of the superior court concerning any matter involving a person subject to the
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Rhode Island code of ethics, as set forth in § 36-14-4, or that the grand jury determines is a matter
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of public concern. A grand jury report may be submitted only upon the concurrence of twelve (12)
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or more jurors and shall be signed by each concurring juror.
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(b) The presiding justice shall examine the report and the minutes of the grand jury and,
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except as otherwise provided in this section, shall order the report accepted as a public record only
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if the superior court is satisfied that the report complies with the provisions of subsection (a) of this
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section and that:
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(1) The report is based on facts revealed in the course of a statewide or county grand jury
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investigation and is supported by a preponderance of the evidence presented to the grand jury;
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(2) Each person or entity named in the report and whose conduct is the subject of the report,
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was afforded a reasonable opportunity to testify before the grand jury prior to the filing of the
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report; and
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(3) The report does not contain material that:
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(i) Is privileged or otherwise confidential under established law;
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(ii) Is not reasonably related to the subject matter of the report;
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(iii) Discloses the identity of a confidential informant; or
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(iv) Prejudices the fair adjudication of a criminal matter.
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(c) If the presiding justice determines that the report contains any material described in
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subsection (b)(3) of this section, the court shall order appropriate redactions prior to accepting the
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report as a public record. If the presiding justice determines that the filing of such a report as a
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public record may prejudice the fair adjudication of a pending criminal matter, the court shall order
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the report sealed, and the report shall not be subject to release, subpoena, or public inspection during
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the pendency of that criminal matter except upon order of the superior court.
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(d) Within thirty (30) days after receiving a report prepared pursuant to subsection (a) of
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this section, the presiding justice shall notify in writing all persons or entities named in the grand
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jury report and whose conduct is the subject of the grand jury report to give such persons or entities
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a reasonable opportunity to review the grand jury report and submit a written response. Any such
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response shall be submitted to the presiding justice within thirty (30) days after issuance of the
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court’s written notification and shall state whether the respondent objects to the issuance of the
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grand jury report, to the inclusion of the respondent’s name, or is seeking any other relief. Any
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proceedings pursuant to this subsection shall remain sealed until ordered otherwise by the presiding
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justice.

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(e) Where the presiding justice enters an order accepting a grand jury report pursuant to
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subsection (b) of this section, all persons or entities named in the report shall have thirty (30) days
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prior to the report’s filing as a public record to appeal the order to the supreme court. Failure of the
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presiding justice to accept and file as a public record a report submitted under this section may be
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appealed by the attorney general to the supreme court.
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SECTION 4. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- COUNTY GRAND JURIES
***
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This act would permit grand juries to issue reports and would provide for a process for
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review and acceptance by the superior court.
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This act would take effect upon passage.
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LC005631
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