AN ACT RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS (Authorizes judges to issue electronic warrants for DUI offenses under certain conditions.)

H8088

2026 -- H 8088
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LC005620
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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 -- SEARCH WARRANTS

Introduced By:
Representatives Noret, Hull, Read, Fascia, and Corvese

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 12-5-3 of the General Laws in Chapter 12-5 entitled "Search
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Warrants" is hereby amended to read as follows:
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12-5-3. Issuance and contents.
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(a) A warrant shall issue only upon complaint in writing,
which may be transmitted by
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electronic means to an authorized judicial officer in accordance with the provisions of subsection
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(b) of this section,
under oath of:
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(1) A chief of police, deputy chief of police or other members of the police force of any
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city or town, or deputy sheriff of any county, member of the division of state police, full time
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conservation officer of the department of environmental management, or other person specifically
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authorized by law to bring complaints for violation of the law which it is his or her responsibility
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to enforce;
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(2) Additionally, in the case of property stolen, embezzled, or obtained by fraud or false
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pretenses, any person who has a right to the possession of the property.
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(3) Additionally, a sworn law enforcement member of any city or town where that member
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is serving on a statewide task force.
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(b) A warrant may be issued by electronic means solely for the search and seizure of
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evidence relating to the commission of the following offenses:
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(1) Driving so as to endanger, resulting in death, pursuant to § 31-27-1;
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(2) Driving so as to endanger, resulting in serious bodily injury, pursuant to § 31-27-1.1;

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(3) Driving under the influence of liquor or drugs, resulting in death, pursuant to § 31-27-
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2.2;
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(4) Driving under the influence of liquor or drugs, resulting in serious bodily injury,
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pursuant to § 31-27-2.6;
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(c) Warrants issued pursuant to this section shall not be issued outside of normal court
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hours on weekdays, weekends, holidays, or other times when the court is not in session when by
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reason of emergency or administrative order.
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(d) When a duly authorized person requests the issuance of a warrant by electronic means,
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the judicial officer may issue a warrant based upon information communicated electronically as
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follows:
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(1) Upon being notified that a warrant is sought by electronic means, the judicial officer
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shall direct the applicant to transmit a complaint, affidavit and search warrant electronically to the
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judicial officer. The affidavit shall be sworn to or affirmed by administration of the oath or
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affirmation telephonically or by other electronic method that includes spoken real-time
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communication with the judicial officer. The administration of the oath or affirmation need not be
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part of the affidavit or recorded; however, the judicial officer shall note on the affidavit that the
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oath or affirmation was administered.
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(2) In the event the judicial officer proceeds to issue a warrant under this subsection, the
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judicial officer shall electronically sign the complaint, search warrant and affidavit. The judicial
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officer shall record the date and time of issuance on the search warrant and transmit the
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electronically signed documents to the applicant by reliable electronic means.
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(b)
(e)
Within fourteen (14) days of the issuance of any warrant under this chapter, whether
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or not executed, the warrant, accompanied by any supporting affidavits and an inventory of any
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property seized, shall be returned to the district court having jurisdiction over the place of the search
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or, in the event of a warrant that is not executed, the court from which it was issued. The returns
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shall be maintained by the district court according to the date of issuance. If not otherwise indicated,
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the return shall note whether the warrant was executed.
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SECTION 2. This act shall take effect upon passage.
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LC005620
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS
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This act would authorize judges to issue electronic warrants for DUI offenses under certain
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conditions.
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This act would take effect upon passage.
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LC005620
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LC005620 - Page 3 of 3