S 3109Criminal Procedure

Criminal Procedure - County Grand Juries

This bill allows grand juries to issue public reports on government ethics and matters of public concern.

Held for study

Population
Affected

Introduced Mar 13, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends Rhode Island law to allow county and statewide grand juries to issue written reports on matters of public concern or issues involving individuals subject to the state Code of Ethics. Currently, grand juries primarily issue criminal indictments. Under this bill, a report can only be released if a Superior Court judge determines it is supported by evidence and does not violate specific confidentiality rules. Individuals named in such reports are granted the right to review the document and submit a response or objection before it is made public.

For younger readers

Usually, a group called a "grand jury" meets to decide if someone should be charged with a crime. This new rule says they can also write a report to tell the public about problems they find, especially if it involves government workers or important public issues. Before the report is shared, a judge must check it to make sure it is fair and true. The people mentioned in the report also get a chance to read it and complain if they think it is wrong before everyone else sees it.

Who & Where It Applies

Impacted groups

Public OfficialsGovernment EmployeesAttorneysJudgesRegistered Voters (Jurors)

Impacted communities

All

Constitutional & Fiscal Check

Moderate risk

Moderate Risk. The issuance of grand jury reports criticizing individuals without a criminal indictment raises Due Process concerns. While the bill includes safeguards—such as judicial review and an opportunity for the subject to respond—courts in other jurisdictions have historically scrutinized similar powers for infringing on an individual's right to confront accusers and protect their reputation against government action without a full trial.

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Increases government transparency and accountability by providing a mechanism for grand juries to expose unethical behavior or corruption that may not rise to the level of a criminal offense but warrants public scrutiny.
Empowers ordinary citizens serving as jurors to have a direct voice in identifying and reporting on systemic issues or misconduct within public institutions.
Strengthens the democratic process by ensuring that information regarding the conduct of public officials subject to the Code of Ethics is made available to the electorate.
Raises due process concerns, as individuals may be publicly named and shamed in a report based on a "preponderance of the evidence" rather than the stricter "beyond a reasonable doubt" standard used in criminal trials.
Could potentially be weaponized by politically motivated prosecutors to damage the reputations of progressive activists or officials without having to prove a crime was committed.
Risks stigmatizing individuals who are investigated but not charged with a crime, potentially affecting their future employment and standing in the community without a traditional trial.

For Conservatives

Provides a powerful tool to "drain the swamp" by allowing grand juries to identify and publicize government waste, fraud, and abuse that might otherwise go unnoticed.
Enhances the rule of law by ensuring that public officials subject to the Code of Ethics are held accountable for their actions, even if those actions do not result in criminal charges.
Promotes the efficient use of taxpayer resources by exposing mismanagement or "matters of public concern" within state and local government entities.
Creates a risk of judicial overreach and government weaponization, where the legal system could be used to issue damaging reports against political opponents without the procedural safeguards of a criminal trial.
Threatens individual privacy and reputation by allowing the state to release derogatory information based on a lower standard of proof, potentially violating the spirit of "innocent until proven guilty."
Expands the power of the state judiciary and the Attorney General's office to influence public discourse and politics through the release of selective findings.

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.