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H 8078Criminal Procedure

Criminal Procedure - County Grand Juries

This bill allows grand juries to issue public reports on government ethics and public concerns, subject to judicial review.

Held for study
Population
Affected
25
Email Legislator
Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation grants county and statewide grand juries the authority to issue reports on matters of public concern or issues involving individuals subject to the Rhode Island Code of Ethics, even if no criminal charges are filed. Before such a report is made public, a Superior Court judge must review it to ensure it is supported by evidence and legal standards. Individuals named in the report are given the opportunity to review it, submit a response, and appeal the release of the report to the Supreme Court.

For younger readers

Usually, a grand jury meets to decide if someone should be charged with a crime. This new rule lets them do something else: write a report to the public about big problems or bad behavior by government workers, even if no one is arrested. Before the report is shared, a judge has to read it to make sure it is fair. Also, anyone mentioned in the report gets a chance to see it and write their own side of the story before the public sees it.

Who & Where It Applies

Impacted groups
Public OfficialsGovernment EmployeesAttorneysJudgesGrand Jurors
Impacted communities
All

Constitutional & Fiscal Check

Moderate risk

There is a moderate constitutional risk regarding Due Process. The Supreme Court has historically scrutinized grand jury reports that accuse individuals of misconduct without a trial (and the ability to confront accusers). However, this bill attempts to mitigate unconstitutionality by including specific procedural safeguards: judicial review, a preponderance of evidence standard, the right of the subject to testify, the right to review the report, and the right to appeal before publication.

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Increases government transparency by allowing grand juries to inform the public about unethical conduct by officials, even when such conduct does not rise to the level of a prosecutable crime.
  • Provides a mechanism to expose systemic issues or matters of public concern that might otherwise remain hidden within the secrecy of the grand jury process.
  • Empowers citizens serving on grand juries to hold powerful institutions and individuals accountable for actions that harm the community welfare.
  • Raises due process concerns, as individuals may be publicly named and criticized based on a "preponderance of evidence" rather than the stricter "beyond a reasonable doubt" standard used in criminal trials.
  • Could potentially be used to damage the reputations of individuals without affording them the full legal protections and cross-examination rights present in a trial setting.
  • Grand jury proceedings are secretive, which might make it difficult for the public to fully understand the context or potential bias behind a report's findings.
For Conservatives
  • Strengthens the ability to expose government corruption and bureaucratic malfeasance by allowing reports on ethical violations by public officials.
  • Enhances the power of the grand jury system to act as a check on government operations and ensure public servants are held to high standards.
  • Ensures that information regarding matters of significant public concern is not suppressed simply because a specific criminal statute was not violated.
  • Could be weaponized by politically motivated prosecutors or juries to smear political opponents or private citizens without the safeguards of a criminal trial.
  • Expands the reach of the judicial system into public affairs, potentially leading to judicial overreach and interference in non-criminal matters.
  • Risks violating the privacy and reputation of individuals based on a lower standard of proof, potentially damaging careers and lives without a conviction.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 46 additions

It is enacted by the General Assembly as follows:

SECTION 1. Section 12-11-1 of the General Laws in Chapter 12-11 entitled "County Grand Juries" is hereby amended to read as follows: 12-11-1. Number of members. The grand jury shall consist of not less than thirteen (13) nor more than twenty-three (23) persons. Whenever the attorney general shall by motion in writing make application to any justice of the superior court for a grand jury to consist of twenty-three (23) persons, the motion shall immediately be granted. A county grand jury may issue reports consistent with the provisions of § 12-11.1-6.

SECTION 2. Section 12-11.1-1 of the General Laws in Chapter 12-11.1 entitled "Statewide Grand Juries" is hereby amended to read as follows: 12-11.1-1. Statewide grand jury — Size and powers. A statewide grand jury shall consist of not less than thirteen (13) nor more than twenty- three (23) persons. The jurisdiction of a statewide grand jury shall extend throughout the state and it may investigate and return indictments for crimes committed any place within the state, and may issue reports consistent with the provisions of § 12-11.1-6. A statewide grand jury shall in all other respects possess the usual powers and duties of county grand juries.

SECTION 3. Chapter 12-11.1 of the General Laws entitled "Statewide Grand Juries" is hereby amended by adding thereto the following section: 12-11.1-6. Grand jury reports.

(a) The grand jury may, at any time during its term, submit a grand jury report to the presiding justice of the superior court concerning any matter involving a person subject to the Rhode Island code of ethics, as set forth in § 36-14-4, or that the grand jury determines is a matter of public concern. A grand jury report may be submitted only upon the concurrence of twelve (12) or more jurors and shall be signed by each concurring juror.

(b) The presiding justice shall examine the report and the minutes of the grand jury and, except as otherwise provided in this section, shall order the report accepted as a public record only if the superior court is satisfied that the report complies with the provisions of subsection (a) of this section and that:

(1) The report is based on facts revealed in the course of a statewide or county grand jury investigation and is supported by a preponderance of the evidence presented to the grand jury;

(2) Each person or entity named in the report and whose conduct is the subject of the report, was afforded a reasonable opportunity to testify before the grand jury prior to the filing of the report; and

(3) The report does not contain material that:

(i) Is privileged or otherwise confidential under established law;

(ii) Is not reasonably related to the subject matter of the report;

(iii) Discloses the identity of a confidential informant; or

(iv) Prejudices the fair adjudication of a criminal matter.

(c) If the presiding justice determines that the report contains any material described in subsection (b)(3) of this section, the court shall order appropriate redactions prior to accepting the report as a public record. If the presiding justice determines that the filing of such a report as a public record may prejudice the fair adjudication of a pending criminal matter, the court shall order the report sealed, and the report shall not be subject to release, subpoena, or public inspection during the pendency of that criminal matter except upon order of the superior court.

(d) Within thirty (30) days after receiving a report prepared pursuant to subsection (a) of this section, the presiding justice shall notify in writing all persons or entities named in the grand jury report and whose conduct is the subject of the grand jury report to give such persons or entities a reasonable opportunity to review the grand jury report and submit a written response. Any such response shall be submitted to the presiding justice within thirty (30) days after issuance of the court’s written notification and shall state whether the respondent objects to the issuance of the grand jury report, to the inclusion of the respondent’s name, or is seeking any other relief. Any proceedings pursuant to this subsection shall remain sealed until ordered otherwise by the presiding justice.

(e) Where the presiding justice enters an order accepting a grand jury report pursuant to subsection (b) of this section, all persons or entities named in the report shall have thirty (30) days prior to the report’s filing as a public record to appeal the order to the supreme court. Failure of the presiding justice to accept and file as a public record a report submitted under this section may be appealed by the attorney general to the supreme court.

SECTION 4. This act shall take effect upon passage.