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SB 3109

AN ACT RELATING TO CRIMINAL PROCEDURE -- COUNTY GRAND JURIES

2026 Regular Session Introduced by Bob Britto and 5 co-sponsors

Allows grand juries to issue formal, publicly disclosed reports on ethics or major public concerns with review, redaction, and limited appeals.

05/28/2026 Committee recommended measure be held for further study
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Bill Summary · SB 3109

Overview

SB 3109 (Rhode Island, 2026) would authorize statewide and county grand juries to issue formal reports about matters of public concern or ethics, establish a process for drafting, reviewing, and publicizing those reports, and set procedures for inquiries, redactions, and responses. The bill also adjusts the size of grand juries and clarifies reporting mechanisms and appeals. It takes effect upon passage.

Primary purpose and intent

  • Create a formal mechanism for grand juries to issue written reports on matters involving state ethics or other public concerns.
  • Establish a process for review, redaction, public filing, and potential appeals of grand jury reports.
  • Align the size and scope of statewide grand juries with existing county grand juries, while clarifying investigative and reporting powers.

Key provisions and changes

  • Grand jury size:
    • County grand juries: shall consist of not less than 13 and not more than 23 members. If the Attorney General moves in writing for a 23-member panel, the motion must be granted immediately.
    • Statewide grand juries: shall consist of not less than 13 and not more than 23 members, with statewide jurisdiction across the state.
  • Grand jury reports (new Chapter 12-11.1, added section 12-11.1-6):
    • A grand jury may, at any time during its term, submit a grand jury report to the presiding justice of the superior court concerning matters involvingRhode Island ethics (as defined in § 36-14-4) or matters of public concern.
    • A report requires concurrence of at least 12 jurors and must be signed by all concurring jurors.
    • Presiding justice review:
    • Must determine that the report complies with the statutory requirements and is based on facts from a grand jury investigation supported by a preponderance of the evidence.
    • Ensure those named in the report had a reasonable opportunity to testify before the grand jury.
    • Exclude or redact material that is privileged/confidential, not reasonably related, discloses a confidential informant, or could prejudice a pending criminal matter.
    • If redactions are necessary, the court will order them prior to public filing. If filing could prejudice a pending matter, the report may be sealed pending outcome.
  • Public record and timing:
    • If a report is accepted as a public record, it must be filed with appropriate redactions and transparency considerations.
    • Named individuals/entities have 30 days after notification by the presiding justice to review the report and submit written responses; responses remain sealed unless the court orders otherwise.
  • Appeals:
    • If the presiding justice accepts the report, named parties have 30 days to appeal the order to the Rhode Island Supreme Court.
    • If the presiding justice does not accept and file the report as a public record, the Attorney General may appeal to the Supreme Court.
  • Effect on ethics and public accountability:
    • Provides a formal channel for grand juries to evaluate and publicly report on ethics violations or significant public concerns, subject to judicial review and procedural safeguards.

Who would be affected

  • Grand juries (county and statewide) would gain a formal reporting mechanism.
  • Persons or entities named in a grand jury report (including individuals and organizations) would receive notice, opportunities to respond, and potential protections (redactions, sealing in certain circumstances).
  • The Rhode Island judiciary (presiding justices of the superior court) would oversee review, redaction, sealing, and public filing of reports.
  • The Attorney General would retain or gain appellate options if a report is not accepted for public filing.

Procedural and timeline aspects

  • Reports may be submitted at any time during a grand jury’s term.
  • A report requires 12-or-more jurors’ concurrence and signatures of concurring jurors.
  • Presiding justice has up to 30 days to notify respondents and establish review timelines.
  • Respondents have 30 days to submit written responses after notification.
  • Acceptance as a public record is subject to judicial review and potential redaction.
  • Appeals:
    • Respondents can appeal to the Rhode Island Supreme Court within 30 days after an order accepting the report.
    • If the report is not accepted for filing, the Attorney General may appeal to the Supreme Court.
  • Effective date: The act takes effect upon passage.

Practical impact and considerations

  • Potentially increases public accountability by enabling grand juries to issue formal, publicly accessible reports on ethics or public-concern matters.
  • Introduces checks and balances to protect due process (opportunity to testify, redaction safeguards, sealing when necessary).
  • Creates a structured pathway for public disclosure while balancing privacy and ongoing criminal matters.
  • Could influence how ethics-related investigations are communicated to the public and how affected parties respond.

Compiled from official sources — confirm details with the bill’s official record.

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