Policy and Legislation Unit

The Policy and Legislation Unit shapes policies and laws in the contexts of both criminal and civil law. The unit handles and coordinates all legislative efforts before the Rhode Island General Assembly and serves as the office’s liaison to local, state and federal governments. Additionally, the unit serves as the Attorney General’s liaison to the National Association of Attorneys General on policy initiatives.

The unit collaborates with various law enforcement and advocacy groups such as Mothers Against Drunk Driving, Students Against Dangerous Decisions and The Century Council to combat alcohol abuse, drunken driving and underage drinking in Rhode Island. In 2010, the unit served on the Enforcing Underage Drinking Legislation Committee and the Traffic Safety Coalition.

The unit works closely with the Rhode Island Police Chiefs’ Association on legislation and policies that strengthen the protections afforded to the public in several areas. Further, the unit provides consumers with an arbitration forum for alleged violations of the Rhode Island Lemon Law through the department’s Motor Vehicle Arbitration Board.

Significant legislation passed in 2010

An Act Relating to Business and Professions

H7597 – Rep. Brian Patrick Kennedy, S2621 – Sen. Joshua Miller

This act amends Title 5, Businesses and Professions, by adding a new chapter that would regulate discount buying clubs. It places contract requirements on discount buying clubs and gives consumers a three (3) day right of rescission. Discount buying club contracts must be in writing, signed and dated by all contracting parties and must be for a definite time period or state the specific renewal terms. The act prohibits specific acts by discount buying clubs, including, but not limited to, refusing to allow potential customers to inspect merchandise catalogs and price lists. Any violation of the chapter shall be considered a deceptive trade practice.

An Act relating to Criminal Procedure – Sentence and Execution

H7923 – Rep. Joseph Almeida, S2646 – Sen. Harold Metts

This Act amends §12-19-19, sentencing on plea of guilty or nolo contendere – deferment of sentence. This legislation provides that after the court determines there has been a successful completion of a deferred sentence, the records relating to that sentence shall be sealed pursuant to §12-1-12, destruction or sealing of records of person acquitted or otherwise exonerated. §12-1-12 provides that individuals with prior felony convictions cannot have their records sealed and those who were issued a deferred sentence in reference to a crime of domestic violence must wait three (3) years from the filing.

An Act Relating to Property – Conservation and Preservation Restrictions on Real Property

H7247– Rep. Peter Kilmartin, S2592 – Sen. V. Susan Sosnowski

This Act amends §34-39-3, restrictions enforceable, to codify the Attorney General’s common law power to enforce private conservation easements that dedicate open space for public benefit. Since the creation of a majority of Rhode Island’s private easements, they have been further transferred from the original parties and the likelihood of easement violation has significantly increased. More significantly, as property values have increased, so has the likelihood of violation. A majority of Rhode Island’s private land trusts do not have the resources to undertake the litigation to enforce violations of their easements. Without the Attorney General to pursue actions against violators, violations of the conservation easements would go unenforced and the public’s interest in open space would be greatly affected.