Section 12-33-6. – Non-exclusivity.
§ 12-33-6. Non-exclusivity. The provisions of this chapter shall not be construed to prohibit a person who has been wrongfully convicted and incarcerated as a result of the misfeasance or malfeasance on the part of the state or any of its political subdivisions from seeking compensation or relief pursuant to any other action or suit […]
Section 12-33-7. – Limitations.
§ 12-33-7. Limitations. Any person claiming compensation under this section based on a pardon that was granted or the vacated or reversed judgment of conviction that occurred before June 30, 2021, shall file such claim not later than three (3) years after June 30, 2021. Any person claiming compensation under this section based on a […]
Section 12-32-2. – Requirement for warrant.
§ 12-32-2. Requirement for warrant. No agent of the state, or any political subdivision of the state, shall obtain location information without a warrant unless a warrant requirement exception applies. History of Section.P.L. 2016, ch. 411, § 1; P.L. 2016, ch. 412, § 1.
Section 12-32-3. – Notice.
§ 12-32-3. Notice. (a) Unless delayed under subsection (b), notice to the affected customer or subscriber is required not later than five (5) days after an agent of the state, or any political subdivision of the state, receives location information under this chapter that is obtained with or without a warrant; provided no notice shall […]
Section 12-32-4. – Exceptions.
§ 12-32-4. Exceptions. (a) Notwithstanding any other provision of this chapter, an agent of the state, or any political subdivision of the state, may obtain location information from a service provider without obtaining a warrant under the following circumstances: (1) In order to respond to the user’s call for emergency services; (2) In order to […]
Section 12-32-5. – Reporting requirements.
§ 12-32-5. Reporting requirements. (a) By January 31 of each calendar year, each law enforcement agency that collected any location information from electronic devices in the previous calendar year shall issue a report identifying the number of warrants issued for location information for an electronic device that were approved and denied in the previous year, […]
Section 12-32-6. – Immunity from liability.
§ 12-32-6. Immunity from liability. No cause of action shall lie in any court against a service provider or such provider’s officers, employees, agents, or other specified persons, for providing information, facilities, or assistance in accordance with the terms of any court order, warrant, or for providing information in reliance on representations by law enforcement […]
Section 12-33-1. – Legislative intent.
§ 12-33-1. Legislative intent. (a) The general assembly finds that innocent persons who have been wrongfully convicted of crimes through no fault of their own have been uniquely victimized, and are deserving of consideration and remuneration for this miscarriage of justice. (b) For the purposes of this chapter, a “wrongful conviction” is a finding of […]
Section 12-30-6. – Record of supervision.
§ 12-30-6. Record of supervision. (a) The agency responsible for supervision of the protected criminal witness shall maintain a daily record of the witness’ activities. That record shall include, but not be limited to: (1) The identity of all persons assigned to guard the witness and the hours of their duty; (2) The identity of […]
Section 12-33-2. – Statement of claim for compensation.
§ 12-33-2. Statement of claim for compensation. (a) In order to present an actionable claim pursuant to this chapter, the claimant must establish by documentary evidence that: (1) Claimant has been convicted of one or more crimes and, as a result of the conviction, was sentenced to a term of imprisonment and has served all […]