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HB 8088

AN ACT RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS

2026 Regular Session Introduced by Doc Corvese and 4 co-sponsors

Rhode Island authorizes electronic issuance of search warrants for DUI-related offenses resulting in death or serious injury, with safeguards and court-hour limits preserved.

04/28/2026 Committee recommended measure be held for further study
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Bill Summary · HB 8088

Summary of HB 8088 (Rhode Island, 2026) — AN ACT RELATING TO CRIMINAL PROCEDURE — SEARCH WARRANTS

Purpose and intent

  • The bill authorizes judges to issue certain search warrants by electronic means, specifically for offenses related to driving under the influence (DUI) and related fatal or serious bodily injury outcomes.
  • It updates statutory procedures to accommodate electronic transmission and issuance of warrants, while preserving core safeguards and traditional court hours.

Key provisions and changes

Issuance and contents of warrants (12-5-3)

  • Warrant issuance remains contingent on a written (or electronically transmitted) complaint under oath.
  • Eligible complainers include:
    • Police chiefs, deputy chiefs, police officers, deputy sheriffs, state police, environmental conservation officers, or other legally authorized enforcers.
    • In property-related cases (stolen, embezzled, obtained by fraud), any person with a right to possession.
    • A sworn law enforcement member serving on a statewide task force (in jurisdictions that allow such designation).
  • Electronic transmission is explicitly allowed for complaint submission to an authorized judicial officer.

Warrants eligible for electronic issuance

  • Electronic warrants may be issued solely for search and seizure in connection with the following offenses:
    • Driving so as to endanger resulting in death (per § 31-27-1)
    • Driving so as to endanger resulting in serious bodily injury (per § 31-27-1.1)
    • Driving under the influence (DUI) resulting in death (per § 31-27-2.2)
    • Driving under the influence (DUI) resulting in serious bodily injury (per § 31-27-2.6)

Timeliness and availability of warrants

  • Warrants cannot be issued outside normal court hours on weekdays, weekends, holidays, or when the court is not in session unless there is an emergency or administrative order allowing otherwise.

Process for electronic issuance

  • When a warrant is sought electronically:
    • The judicial officer directs transmission of the complaint, affidavit, and warrant electronically.
    • The oath/affirmation can be administered telephonically or by another real-time electronic method; it need not be part of the affidavit, but the oath must be noted on the affidavit.
    • The judicial officer electronically signs the documents, records issuance time, and transmits the signed documents to the applicant by reliable electronic means.

Return and retention of warrants (timing)

  • Within 14 days of issuance (regardless of execution), the warrant, accompanying affidavits, and an inventory of property seized must be returned to the appropriate district court (the court with jurisdiction over the search location or the issuing court if not executed).
  • Returns are maintained by the district court by issuance date, and it should indicate whether the warrant was executed.

Who/what is affected

  • Law enforcement agencies and personnel authorized to file complaints for warrants.
  • Judicial officers who issue warrants and oversee electronic processes.
  • District courts responsible for maintaining warrant returns and inventories.
  • Specifically targets DUI-related offenses with serious outcomes (death or serious bodily injury), expanding electronic warrant capabilities for those cases.

Procedural and timeline aspects

  • Introduction and referral: Introduced February 27, 2026; referred to House Judiciary.
  • Implementation: Take effect upon passage.
  • Operational timeline: Adds a 14-day return requirement for all warrants issued under the act, matching standard warrant return timelines.

Explanatory notes

  • The accompanying explanatory text clarifies that the act would authorize electronic warrants for DUI offenses under defined conditions, aligning with modernized, electronic-law procedures while preserving court-hour limits and due process protections.

If you’d like, I can provide a side-by-side comparison with current Rhode Island warrant procedures or synthesize potential practical implications for law enforcement and defense counsel.

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

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