reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1 - Identification and Apprehension of Criminals › Section 12-1-15. - Retaliation prohibited.

§ 12-1-15. Retaliation prohibited.
No employer shall discharge or take any disciplinary action against an employee based on the employer’s notification or obligation provisions contained in Chapter 370, Article 29 and Chapter 374 of the 1995 Public Laws.
History of Section.
P.L. 1995, ch. 370, art. 29, § 14; P.L. 1995, ch. 374, § 14.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.1 - State Crime Laboratory Commission › Section 12-1.1-1. - Short title.

§ 12-1.1-1. Short title.
This chapter shall be known and may be cited as the “State Crime Laboratory Commission.”
History of Section.
P.L. 1978, ch. 206, § 2; G.L., § 12-1.2-1; P.L. 1981, ch. 300, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.1 - State Crime Laboratory Commission › Section 12-1.1-2. - Legislative findings and purpose.

§ 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.
History of Section.
P.L. 1978, ch. 206, § 2; G.L. § 12-1.2-2; P.L. 1981, ch. 300, § 1; G.L. § 12-1.1-2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.1 - State Crime Laboratory Commission › Section 12-1.1-3. - Creation.

§ 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.
History of Section.
P.L. 1978, ch. 206, § 2; G.L. § 12-1.2-3; P.L. 1981, ch. 300, § 1; G.L. § 12-1.1-3.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.1 - State Crime Laboratory Commission › Section 12-1.1-4. - Membership.

§ 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.
History of Section.
P.L. 1978, ch. 206, § 2: G.L. § 12-1.2-3; P.L. 1981, ch. 300, § 1: G.L. § 12-1.1-4; P.L. 2006, ch. 54, § 1; P.L. 2006, ch. 70, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.1 - State Crime Laboratory Commission › Section 12-1.1-5. - Chairperson.

§ 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.
History of Section.
P.L. 1978, ch. 206, § 2: G.L. § 12-1.2-3; P.L. 1981, ch. 300, § 1: G.L. § 12-1.1-5; P.L. 2006, ch. 54, § 1; P.L. 2006, ch. 70, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.1 - State Crime Laboratory Commission › Section 12-1.1-6. - Executive secretary.

§ 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.
History of Section.
P.L. 1978, ch. 206, § 2: G.L. § 12-1.2-3; P.L. 1981, ch. 300, § 1: G.L. § 12-1.1-6; P.L. 1994, ch. 50, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.1 - State Crime Laboratory Commission › Section 12-1.1-7. - Meetings.

§ 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.
History of Section.
P.L. 1978, ch. 206, § 2: G.L. § 12-1.2-6; P.L. 1981, ch. 300, § 1: G.L. § 12-1.1-7.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.1 - State Crime Laboratory Commission › Section 12-1.1-10. - Cooperation of departments — Using facilities of the University of Rhode Island.

§ 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.
History of Section.
P.L. 1978, ch. 206, § 2: G.L. § 12-1.2-12; P.L. 1981, ch. 300, § 1: G.L. § 12-1.1-10.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.1 - State Crime Laboratory Commission › Section 12-1.1-11. - Termination or modification of commission — Report to governor.

§ 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.
History of Section.
P.L. 1978, ch. 206, § 2: G.L. § 12-1.2-13; P.L. 1981, ch. 300, § 1: G.L. § 12-1.1-11.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.2 - State Crime Laboratory › Section 12-1.2-1. - Creation.

§ 12-1.2-1. Creation.
There shall be a state crime laboratory located at the University of Rhode Island.
History of Section.
P.L. 1978, ch. 205, art. VIII, § 1: G.L. § 12-1.1-1; P.L. 1981, ch. 300, § 1: G.L. § 12-1.2-1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.2 - State Crime Laboratory › Section 12-1.2-2. - Jurisdiction.

§ 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.
History of Section.
P.L. 1978, ch. 205, art. VIII, § 1: G.L. § 12-1.1-3; P.L. 1978, ch. 206, § 2: G.L. § 12-1.2-11; P.L. 1981, ch. 300, § 1: G.L. § 12-1.2-2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.2 - State Crime Laboratory › Section 12-1.2-3. - Functions of the state crime laboratory.

§ 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.
History of Section.
P.L. 1978, ch. 205, art. VIII, § 1: G.L. § 12-1.1-2; P.L. 1978, ch. 206, § 2: G.L. § 12-1.2-10; P.L. 1981, ch. 300, § 1: G.L. § 12-1.2-3.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.2 - State Crime Laboratory › Section 12-1.2-4. - Funding.

§ 12-1.2-4. Funding.
The state crime laboratory shall be funded through the budget of the University of Rhode Island.
History of Section.
P.L. 1985, ch. 120, art. 4, § 2; P.L. 2009, ch. 68, art. 5, § 4; P.L. 2011, ch. 151, art. 9, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.2 - State Crime Laboratory › Section 12-1.2-5. - Director of state crime laboratory — Term.

§ 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.
History of Section.
P.L. 1978, ch. 206, § 2: G.L. § 12-1.2-9; P.L. 1981, ch. 300, § 1: G.L. § 12-1.2-5; P.L. 1994, ch. 50, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.2 - State Crime Laboratory › Section 12-1.2-6. - Candidates for director and other positions — Selection — Appointment — Dismissals.

§ 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.
History of Section.
P.L. 1978, ch. 206, § 2: G.L. § 12-1.2-9; P.L. 1981, ch. 300, § 1: G.L. § 12-1.2-6; P.L. 1994, ch. 50, § 2; P.L. 2017, ch. 52, § 1; P.L. 2017, ch. 61, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.2 - State Crime Laboratory › Section 12-1.2-7. - Powers and duties of director.

§ 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 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.
History of Section.
P.L. 1978, ch. 206, § 2: G.L. § 12-1.2-9; P.L. 1981, ch. 300, § 1: G.L. § 12-1.2-7; P.L. 1994, ch. 50, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.3 - Expungement of Criminal Records › Section 12-1.3-1. - Definitions.

§ 12-1.3-1. Definitions.
For purposes of this chapter only, the following definitions apply:
(1)
“Crime of violence” includes 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.
(2)
“Expungement of records and records of conviction” means the sealing and retention of all records of a conviction and/or probation and the removal from active files of all records and information relating to conviction and/or probation.
(3)
“First offender” means a person who has been convicted of a felony offense or a misdemeanor offense, and who has not been previously convicted of or placed on probation for a felony or a misdemeanor and against whom there is no criminal proceeding pending in any court.
(4)
“Law enforcement agency” means a state police organization of this or any other state, the enforcement division of the department of environmental management, the office of the state fire marshal, the capitol police, a law enforcement agency of the federal government, and any agency, department, or bureau of the United States government which has as one of its functions the gathering of intelligence data.
(5)
“Records” and “records of conviction and/or probation” include all court records, all records in the possession of any state or local police department, the bureau of criminal identification and the probation department, including, but not limited to, any fingerprints, photographs, physical measurements, or other records of identification. The terms “records” and “records of conviction, and/or probation” do not include the records and files of the department of attorney general which are not kept by the bureau of criminal identification in the ordinary course of the bureau’s business.
History of Section.
P.L. 1983, ch. 224, § 3; P.L. 1984, ch. 341, § 1; P.L. 1993, ch. 153, § 1; P.L. 1996, ch. 158, § 1; P.L. 1997, ch. 30, art. 28, § 4.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.3 - Expungement of Criminal Records › Section 12-1.3-2. - Motion for expungement.

§ 12-1.3-2. Motion for expungement.
(a)
Any person who is a first offender may file a motion for the expungement of all records and records of conviction for a felony or misdemeanor by filing a motion in the court in which the conviction took place; provided, that no person who has been convicted of a crime of violence shall have his or her records and records of conviction expunged; and provided, that all outstanding court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary obligations have been paid, unless such amounts are reduced or waived by order of the court.
(b)
Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a motion in the court in which the convictions took place; provided that convictions for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible for and may not be expunged under this subsection.
(c)
Subject to subsection (a), a person may file a motion for the expungement of records relating to a misdemeanor conviction after five (5) years from the date of the completion of his or her sentence.
(d)
Subject to subsection (a), a person may file a motion for the expungement of records relating to a felony conviction after ten (10) years from the date of the completion of his or her sentence.
(e)
Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this section, a person may file a motion for the expungement of records relating to a deferred sentence upon its completion, after which the court will hold a hearing on the motion.
(f)
Subject to subsection (b) of this section, a person may file a motion for the expungement of records relating to misdemeanor convictions after ten (10) years from the date of the completion of their last sentence.
(g)
Notwithstanding the provisions of subsections (a) through (f) of this section, a person may file a motion for the expungement of records related to an offense that has been decriminalized subsequent to the date of their conviction, after which the court will hold a hearing on the motion in the court in which the original conviction took place.
History of Section.
P.L. 1983, ch. 224, § 3; P.L. 1988, ch. 638, § 3; P.L. 1993, ch. 153, § 1; P.L. 2015, ch. 97, § 3; P.L. 2015, ch. 109, § 3; P.L. 2016, ch. 202, § 1; P.L. 2016, ch. 204, § 1; P.L. 2017, ch. 234, § 1; P.L. 2017, ch. 316, § 1; P.L. 2018, ch. 188, § 1; P.L. 2018, ch. 247, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.3 - Expungement of Criminal Records › Section 12-1.3-4. - Effect of expungement of records — Access to expunged records — Wrongful disclosure.

§ 12-1.3-4. Effect of expungement of records — Access to expunged records — Wrongful disclosure.
(a)
Any person having his or her record expunged shall be released from all penalties and disabilities resulting from the crime of which he or she had been convicted, except, upon conviction of any subsequent crime, the expunged conviction may be considered as a prior conviction in determining the sentence to be imposed.
(b)
In any application for employment, license, or other civil right or privilege, or any appearance as a witness, a person whose conviction of a crime has been expunged pursuant to this chapter may state that he or she has never been convicted of the crime; provided, that if the person is an applicant for a law enforcement agency position, for admission to the bar of any court, an applicant for a teaching certificate, under chapter 11 of title 16, a coaching certificate under § 16-11.1-1, or the operator or employee of an early childhood education facility pursuant to chapter 48.1 of title 16, the person shall disclose the fact of a conviction.
(c)
Whenever the records of any conviction and/or probation of an individual for the commission of a crime have been expunged under the provisions of this chapter, any custodian of the records of conviction relating to that crime shall not disclose the existence of the records upon inquiry from any source unless the inquiry is that of the individual whose record was expunged, that of a sentencing court following the conviction of the individual for the commission of a crime, or that of a bar admission, character and fitness, or disciplinary committee, board, or agency, or court which is considering a bar admission, character and fitness, or disciplinary matter, or that of the commissioner of elementary and secondary education, or that of any law enforcement agency when the nature and character of the offense with which an individual is to be charged would be affected by virtue of the person having been previously convicted of the same offense.
(d)
The custodian of any records which have been expunged pursuant to the provisions of this chapter shall only release or allow access to those records for the purposes specified in subsections (b) or (c) of this section or by order of a court. Any agency and/or person who willfully refuses to carry out the expungement of the records of conviction pursuant to § 12-1.3-2, or this section or willfully releases or willfully allows access to records of conviction, knowing them to have been expunged, shall be civilly liable.
History of Section.
P.L. 1983, ch. 224, § 3; P.L. 1984, ch. 341, § 1; P.L. 1986, ch. 198, § 7; P.L. 1990, ch. 249, § 1; P.L. 1993, ch. 153, § 2.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.4 - Commission for the Safety and Care of the Elderly › Section 12-1.4-1. - Short title.

§ 12-1.4-1. Short title.
This chapter shall be known and may be cited as the “Commission for the Safety and Care of the Elderly.”
History of Section.
P.L. 1986, ch. 407, § 1; P.L. 2023, ch. 148, § 2, effective June 20, 2023; P.L. 2023, ch. 149, § 2, effective June 20, 2023.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.4 - Commission for the Safety and Care of the Elderly › Section 12-1.4-2. - Creation.

§ 12-1.4-2. Creation.
There is established within the office of healthy aging the commission for the safety and care of the elderly.
History of Section.
P.L. 1986, ch. 407, § 1; 1996, ch. 100, art. 45, § 1; P.L. 2023, ch. 148, § 2, effective June 20, 2023; P.L. 2023, ch. 149, § 2, effective June 20, 2023.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.4 - Commission for the Safety and Care of the Elderly › Section 12-1.4-3. - Purpose.

§ 12-1.4-3. Purpose.
The purpose of the commission shall be to act as a liaison between the legislature, public safety officials, the office of healthy aging, and the older population of Rhode Island in the area of crime against the elderly, injury and fire safety, and protective service options available to the elderly. The commission shall also outline suggested responsibilities for and facilitate training requirements of older adults, police, and fire advocates.
History of Section.
P.L. 1986, ch. 407, § 1; P.L. 2005, ch. 275, § 1; P.L. 2023, ch. 148, § 2, effective June 20, 2023; P.L. 2023, ch. 149, § 2, effective June 20, 2023.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.4 - Commission for the Safety and Care of the Elderly › Section 12-1.4-4. - Membership.

§ 12-1.4-4. Membership.
(a)
The commission shall consist of twenty-two (22) members, three (3) of whom shall be older adults appointed by the speaker and three (3) of whom shall be older adults appointed by the president of the senate; one of whom shall be an older adult appointed by the governor’s office; all seven (7) of whom shall be appointed for a term of two (2) years. Appointments shall be made for terms of three (3) years commencing on February 1 in the year of appointment and ending on January 31 in the third year after the appointment. Commission members may remain in their position beyond the three-year (3) term until new members are duly appointed. Any vacancy among the members shall be filled by the appointing authority for the remainder of the unexpired term.
(b)
The remaining fifteen (15) members of the commission shall be the president of the Police Chiefs’ Association or the president’s designee; the attorney general or the attorney general’s designee; the director of the office of healthy aging or the director’s designee; a representative of the state police appointed by the superintendent of the state police; the president of the fire chief’s association, or the president’s designee; and the state fire marshal or the state fire marshal’s designee; and up to nine (9) representatives to be decided by the commission to include representatives of agencies and organizations who work directly with older adults. Such members and organizations represented may include, but not be limited to, individuals residing in elder housing and/or elder shelters, medical providers, legal services, community organizations, and senior centers.
(c)
The members of the commission shall meet at the call of the director and organize and shall select a chairperson from among themselves. Vacancies on the commission shall be filled in the same manner as the original appointment.
History of Section.
P.L. 1986, ch. 407, § 1; P.L. 2000, ch. 109, § 12; P.L. 2001, ch. 180, § 10; P.L. 2005, ch. 275, § 1; P.L. 2023, ch. 148, § 2, effective June 20, 2023; P.L. 2023, ch. 149, § 2, effective June 20, 2023.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.4 - Commission for the Safety and Care of the Elderly › Section 12-1.4-5. - Compensation and expenses.

§ 12-1.4-5. Compensation and expenses.
The membership of the commission shall receive no compensation for their services but shall be allowed their travel and necessary expenses.
History of Section.
P.L. 1986, ch. 407, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.4 - Commission for the Safety and Care of the Elderly › Section 12-1.4-6. - Staff.

§ 12-1.4-6. Staff.
The commission may engage any clerical, technical, and other assistance that it may deem necessary, and spend any other funds necessary to accomplish its purpose.
History of Section.
P.L. 1986, ch. 407, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.4 - Commission for the Safety and Care of the Elderly › Section 12-1.4-7. - Cooperation of departments.

§ 12-1.4-7. Cooperation of departments.
(a)
All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the commission and its agents deemed necessary or desirable by the commission to facilitate the purposes of this chapter.
(b)
Each local police and fire chief shall designate at least one sworn police department representative or sworn fire department representative to serve as the department’s “older adults police safety advocate” to work as a liaison between the department and the elderly community to help address elderly safety and protection issues.
History of Section.
P.L. 1986, ch. 407, § 1; P.L. 2005, ch. 275, § 1; P.L. 2023, ch. 148, § 2, effective June 20, 2023; P.L. 2023, ch. 149, § 2, effective June 20, 2023.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.4 - Commission for the Safety and Care of the Elderly › Section 12-1.4-8. - Quarters.

§ 12-1.4-8. Quarters.
The speaker of the house is authorized and directed to provide suitable quarters for the commission.
History of Section.
P.L. 1986, ch. 407, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.4 - Commission for the Safety and Care of the Elderly › Section 12-1.4-9. - Reports to general assembly.

§ 12-1.4-9. Reports to general assembly.
The commission shall report its findings and recommendations regarding the improvement of elder safety issues to the general assembly, the governor’s office, and the office of healthy aging on or before January 25 of each year.
History of Section.
P.L. 1986, ch. 407, § 1; P.L. 2005, ch. 275, § 1; P.L. 2023, ch. 148, § 2, effective June 20, 2023; P.L. 2023, ch. 149, § 2, effective June 20, 2023.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.4 - Commission for the Safety and Care of the Elderly › Section 12-1.4-10. - Appropriation.

§ 12-1.4-10. Appropriation.
The sum of one thousand dollars ($1,000) shall be annually appropriated, out of any money in the treasury not otherwise appropriated, to carry out the purposes of this chapter; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum, or as much of that sum as may be deemed necessary, from time to time, upon receipt by him or her of properly authenticated vouchers.
History of Section.
P.L. 1986, ch. 407, § 1; P.L. 1991, ch. 44, art. 13, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders › Section 12-1.5-1. - Policy. [Contingent amendment; see other version.]

§ 12-1.5-1. Policy. [Contingent amendment; see other version.]
The general assembly finds and declares that DNA databanks and DNA databases are important tools in criminal investigations, in the exclusion of individuals who are the subject of criminal investigations or prosecutions, and in deterring and detecting recidivism. Many states have enacted laws requiring persons arrested for, or convicted of, a crime of violence, or persons convicted of any felony, to provide genetic samples for DNA profiling. Moreover, it is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in the identification and detection of individuals in criminal investigations. It is therefore in the best interest of the state to establish a DNA databank and a DNA database containing DNA samples and DNA records of individuals arrested for any crime of violence as defined in § 12-1.5-2, or convicted of certain sexual and violent offenses, or convicted of any felony as defined in the general laws of Rhode Island, and missing persons.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1; P.L. 2004, ch. 391, § 1; P.L. 2004, ch. 455, § 1; P.L. 2014, ch. 176, § 1; P.L. 2014, ch. 192, § 1.
§ 12-1.5-1. Policy. [Contingent effective date; see note.]
The general assembly finds and declares that DNA databanks and DNA databases are important tools in criminal investigations, in the exclusion of individuals who are the subject of criminal investigations or prosecutions, and in deterring and detecting recidivism. Many states have enacted laws requiring persons arrested for, or convicted of, a crime of violence as defined in § 12-1.5-2 to provide genetic samples for DNA profiling. Moreover, it is the policy of this state to assist federal, state, and local criminal justice and law enforcement agencies in the identification and detection of individuals in criminal investigations. It is in the best interest of the state to establish a DNA databank and a DNA database containing DNA samples and DNA records of individuals arrested for any crime of violence as defined in § 12-1.5-2 or convicted of a crime of violence as defined in § 11-47-2, or convicted of any felony as defined in the general laws of Rhode Island, and missing persons.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1; P.L. 2001, ch. 42, § 2; P.L. 2001, ch. 76, § 2; P.L. 2004, ch. 391, § 1; P.L. 2004, ch. 455, § 1; P.L. 2014, ch. 176, § 1; P.L. 2014, ch. 192, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders › Section 12-1.5-2. - Definitions.

§ 12-1.5-2. Definitions.
For the purposes of this chapter:
(1)
“CODIS” is derived from combined DNA index system, the Federal Bureau of 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 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; 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 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.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1; P.L. 2014, ch. 176, § 1; P.L. 2014, ch. 192, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders › Section 12-1.5-3. - Powers and duties of the department of health.

§ 12-1.5-3. Powers and duties of the department of health.
In addition to any other powers and duties conferred by this chapter, the department of health 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.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders › Section 12-1.5-4. - State DNA database.

§ 12-1.5-4. State DNA database.
There is established the state DNA database. It shall be administered by the department of health 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 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.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1; P.L. 2014, ch. 176, § 1; P.L. 2014, ch. 192, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders › Section 12-1.5-5. - State DNA databank.

§ 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.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders › Section 12-1.5-6. - Procedural compatibility with F.B.I.

§ 12-1.5-6. Procedural compatibility with F.B.I.
The DNA database system as established by this chapter shall be compatible with the procedures specified by the F.B.I., including use of comparable test procedures, laboratory equipment, supplies and computer software.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders › Section 12-1.5-7. - Scope and applicability. [Contingent amendment; see other version.]

§ 12-1.5-7. Scope and applicability. [Contingent amendment; see other version.]
For law enforcement purposes, this chapter is applicable to adult persons arrested for crimes of violence as defined in § 12-1.5-2 and/or convicted of any felony as defined in this chapter.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1; P.L. 2004, ch. 391, § 1; P.L. 2004, ch. 455, § 1; P.L. 2014, ch. 176, § 1; P.L. 2014, ch. 192, § 1.
§ 12-1.5-7. Scope and applicability. [Contingent effective date; see note.]
For law enforcement purposes, this chapter is applicable to adult persons arrested for any crime of violence as defined in § 12-1.5-2 and/or convicted of, or sentenced for, any felony.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1; P.L. 2001, ch. 42, § 2; P.L. 2001, ch. 76, § 2; P.L. 2004, ch. 391, § 1; P.L. 2004, ch. 455, § 1; P.L. 2014, ch. 176, § 1; P.L. 2014, ch. 192, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders › Section 12-1.5-9. - Procedures for withdrawal, collection and transmission of DNA samples.

§ 12-1.5-9. Procedures for withdrawal, collection and transmission of DNA samples.
(a)
Only those individuals qualified to withdraw DNA samples in a medically approved manner shall withdraw a DNA sample to be submitted for DNA analysis.
(b)
Persons authorized to withdraw DNA samples under this section shall not be civilly or criminally liable for withdrawing a DNA sample and transmitting test results if they act in good faith and pursuant to this chapter.
(c)
It shall be a complete defense to a civil or criminal action if the law enforcement and correction officials who physically restrain a person for the taking of a DNA sample, acted in good faith and under the instruction and supervision of medical personnel under this statute to withdraw DNA samples.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders › Section 12-1.5-10. - Procedures for conduct, disposition and use of DNA analysis.

§ 12-1.5-10. Procedures for conduct, disposition and use of DNA analysis.
The department of health 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 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 and only the director of the department of health and the head of the DNA laboratory shall have access to these DNA samples to carry out the provisions of this chapter.
(3)
The department of health 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.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1; P.L. 2000, ch. 109, § 13.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders › Section 12-1.5-11. - DNA database exchange.

§ 12-1.5-11. DNA database exchange.
It shall be the duty of the department of health 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 health, 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 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 may create a separate population database comprised of DNA samples obtained under this chapter after all personal identification is removed. The department of health may share or disseminate the population database with other criminal justice agencies or forensic DNA laboratories that serve to assist the department of health with statistical databases. The population database may be made available to and searched by other agencies participating in the CODIS system.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders › Section 12-1.5-12. - Cancellation of authority to access or exchange DNA records.

§ 12-1.5-12. Cancellation of authority to access or exchange DNA records.
The department of health 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.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders › Section 12-1.5-14. - Prohibition and disclosure.

§ 12-1.5-14. Prohibition and disclosure.
(a)
Any person who, by virtue of employment or official position, or any person contracting to carry out any functions under this chapter, including any officers, employees and agents of a contractor, who has possession of or access to individually identifiable DNA information contained in the state DNA database or in the state DNA databank, shall not disclose it in any manner to any person or agency not authorized to receive it knowing that the person or agency is not authorized to receive it.
(b)
No person shall obtain individually identifiable DNA information from the state DNA database or the state DNA databank without authorization pursuant to this chapter to do so.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1.
2023 Rhode Island General Laws › Title 12 - Criminal Procedure › Chapter 12-1.5 - DNA Detection of Sexual and Violent Offenders › Section 12-1.5-15. - Criminal penalties — Civil remedies.

§ 12-1.5-15. Criminal penalties — Civil remedies.
(a)
Any person who, by virtue of employment or official position, or any person contracting to carry out any functions under this chapter, including any officers, employees and agents of a contractor, having possession of or access to individually identifiable DNA information contained in the state DNA database or in the state DNA databank and discloses it in any manner to any person or agency not authorized to receive it, commits a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or imprisonment for not more than one year, or both.
(b)
Except as authorized by law, any person who, for purposes of having DNA analysis performed, obtains or attempts to obtain any DNA sample, or tampers or attempts to tamper with any DNA sample, commits a felony punishable by a fine not more than five thousand dollars ($5,000), or imprisonment for not more than five (5) years, or both.
(c)
Any person aggrieved by a violation of § 12-1.5-14 may, in addition, bring a civil action for damages, injunctive relief, and reasonable attorneys’ fees.
History of Section.
P.L. 1998, ch. 33, § 1; P.L. 1998, ch. 120, § 1.