AN ACT RELATING TO CRIMINAL PROCEDURE -- SEARCH WARRANTS -- INDICTMENTS, INFORMATION AND COMPLAINTS -- BILL OF RIGHTS ENHANCEMENT

2025 Regular Session Introduced by Cherie Cruz and 6 co-sponsors

Strengthens privacy by banning on-property covert recording without consent or a warrant and bars Rhode Island prosecutions after federal or other-state acquittals for the same fac

02/25/2025 Committee recommended measure be held for further study

Purpose

HB 5359 seeks to strengthen privacy protections and limit duplicative prosecutions by: (1) prohibiting law enforcement placement of audio/video recording devices on another person’s private property without consent or a valid warrant; and (2) barring state prosecution where the same facts produced an acquittal in federal or another-state court, except when newly discovered evidence justifies a new prosecution.

Key provisions

Adds R.I. Gen. Laws § 12-5-11 (Search Warrants)

Prohibits any law enforcement or peace officer (see § 12-7-21) from placing audio or video recording device(s) on another person’s private property to capture, preserve, transmit or document activities without:
the property owner’s consent, or
a valid search warrant issued by a neutral and detached magistrate or judge upon a finding of probable cause.
Any audio or video evidence obtained in violation of this subsection is inadmissible in any criminal or civil proceeding against the property owner, tenants, or guests.

Adds R.I. Gen. Laws § 12-12-23 (Indictments, Informations and Complaints)

Provides that an acquittal under federal law or another state’s law for the same set of facts or acts bars prosecution in Rhode Island.
Exception: prosecution may proceed if there is newly discovered evidence that would substantially indicate prosecution in this state is warranted.

Effective date: upon passage.

Who is affected

Law enforcement agencies and peace officers operating in Rhode Island — changes investigative authority and use of surveillance devices on private property.

Criminal defendants — potential additional protection from subsequent state prosecution after acquittal elsewhere (subject to the newly discovered evidence exception).

Prosecutors — limits prosecutorial options in cases with prior acquittals in other jurisdictions; evidence suppression rules affect case strategy.

Property owners, tenants, and guests — enhanced protections for on-property audio/video privacy; suppressed evidence applies to civil and criminal cases.

Procedural status and timeline

Introduced: February 7, 2025 (Sponsors: Reps. Place, Fascia, Quattrocchi, J. Lombardi, Cruz, Felix, Hull)

Referred to House Judiciary; hearing scheduled Feb 21, 2025

02/25/2025: Committee recommended measure be held for further study

Read first time: April 7, 2025; referred to Environmental Regulation thereafter

Classification: bill

Potential legal and practical considerations

Scope is limited to devices placed “on” private property and does not expressly address surveillance from public locations, aerial or remote monitoring, or body-worn cameras.

The suppression provision applies to civil as well as criminal proceedings, which is broader than many state statutes.

The acquittal-as-bar provision may raise questions about the “dual sovereignty” doctrine (federal and state prosecutorial independence) and could prompt constitutional or appellate review if enacted.

Bill