§ 21-28-4.18 - Prohibited acts by law enforcement officials – Penalties.
SECTION 21-28-4.18
§ 21-28-4.18 Prohibited acts by lawenforcement officials – Penalties. – (a) It shall be unlawful for any state or municipal law enforcement official,including department of correction officers, state marshals, capital police, orother peace officers who are empowered to enforce the provisions of thischapter, or any employee of a law enforcement agency to:
(1) Offer for sale or sell any information pertaining to anongoing investigation conducted by any law enforcement agency of a violation ofany of the provisions of this chapter; or
(2) Use for any unauthorized purpose or sell or destroy orremove from unlawful custody any of the evidence confiscated as a result of anarrest or seizure arising from the enforcement of the provisions of thischapter.
(b) Any person who violates this section shall be guilty of acrime and upon conviction shall be imprisoned not less than ten (10) years, andmay be imprisoned for a term of twenty (20) years. In all these cases, thejustice imposing sentence shall impose a minimum sentence of ten (10) yearsimprisonment and may only impose a sentence less than that minimum if he or shefinds that substantial and compelling circumstances exist which justifyimposition of the alternative sentence. The finding may be based upon thecharacter and background of the defendant, the cooperation of the defendantwith law enforcement authorities, the nature and circumstances of the offense,and/or the nature and quality of the evidence presented at trial. If a sentencewhich is less than imprisonment for a term of ten (10) years is imposed, thetrial justice shall set forth on the record the circumstances, which he or shefound as justification for imposition of the lesser sentence.