Attorney General Patrick C. Lynch today heralded the Legislature’s passage of two bills introduced by the Attorney General’s Office that will strengthen the state’s criminal justice system and advance protections for consumers.

Lynch praised the General Assembly for passing “the most essential drunk driving legislation since passage of DUI .08 in 2003.” H5039 and S0416, An Act Relating to Criminal Procedure – Search Warrants – Motor Vehicle Offenses, will allow police officers to request a search warrant that, if approved by a judge, would permit the taking of a blood or breath sample when probable cause exists that a driver, involved in an accident resulting in serious injury or death, has been operating under the influence of alcohol or narcotics and refuses to consent to a chemical test. As interpreted by the Rhode Island Supreme Court in State v. DiStefano nine years ago, current law forbids the use of a search warrant to obtain a bodily tissue sample, if an operator refuses a chemical test.

“I’ve filed this bill for seven straight years, and we’ve waited a long time for Rhode Island to join the majority of states allowing the taking of bodily evidence of a driver’s suspected intoxication after the driver has allegedly caused serious injury or death,” Lynch said. “Throughout the years, we have seen tragedy upon tragedy caused by drunk drivers taking advantage of our state’s weak drunk driving laws. Now we will have an appropriate tool to gain justice for the victims of these horrible crimes. I’m grateful for the inspired support of Representative Douglas Gablinske and Senator Susan Sosnowski, and the House and Senate leadership, in providing the State with the mechanism it needs to pursue justice. Victims and their families deserve nothing less.”

H5902 and S0589, An Act Relating to Commercial Law - Safe Destruction of Documents Containing Personal Information, will protect Rhode Island consumers from possible identity theft by Dumpster divers by requiring businesses and government agencies to destroy customers’ personal records and other information before putting them in the trash. Currently, under Rhode Island General Laws 11-49.2, the state only protects those whose personal information was breached via computerized data. There is no remedy for violations of inappropriately discard personal information in paper records.

“I commend the General Assembly for passing legislation that will protect Rhode Island consumers from identity theft by holding businesses and other organizations accountable for safeguarding the information that they gather in the course of doing business. Identity thieves know where to look, and when businesses carelessly toss out personal records without shredding or taking other precautions beforehand, they’re practically holding an open house for Dumpster divers. I’d like to thank the sponsors of the legislation, Representative Raymond J. Sullivan Jr. and Senator Leonidas Raptakis, and the House and Senate leadership, for passing this important initiative.”

The new law will require companies to take reasonable steps when destroying customers’ information, either by shredding, erasing, or destroying records to ensure that personal information would be unreadable or indecipherable. Businesses not in compliance would be subject to a civil action by the customer suffering damages. The law will also allow the Attorney General to file suit if he deems it in the public interest, with the company subject to a civil penalty of $500 per violation, not to exceed $50,000. The act includes exemptions for businesses obligated to comply with similar requirements under their licensing and regulating agencies, including HIPAA.

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