2012 -- S 2885

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LC01971

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- SHERIFFS

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: April 12, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 42-29-1, 42-29-5, 42-29-11, 42-29-12, 42-29-14, 42-29-18, 42-29-

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19, 42-29-22, 42-29-24, 42-29-25 and 42-29-26 of the General Laws in Chapter 42-29 entitled

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"Sheriffs" are hereby amended to read as follows:

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     42-29-1. Appointment -- Powers and duties -- Removal. -- (a) The director of the

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department of public safety shall appoint, with the consent of the governor, an executive high

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sheriff to a ten (10) year term. The director of the department of public safety shall also appoint to

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each of the counties with the consent of the governor the sheriffs and the chief deputy sheriffs to

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ten (10) year terms. The director of the department of public safety shall also appoint to each of

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the counties with the consent of the governor the sheriffs and the chief deputy sheriffs to ten (10)

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year terms. The director of the department of public safety shall appoint deputy sheriffs and other

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necessary classifications pursuant to rank structure, subject to the appropriations process.

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Sheriffs, chief deputy sheriffs, deputy Deputy sheriffs, and other employees of the sheriff's

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division shall be subject to the supervision of the commanding officer appointed by the director

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of the department of pubic safety executive high sheriff who may assign tasks and functions in

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order to ensure the proper management of the sheriffs’ division. Any deputy sheriff hired after

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July 1, 2001 must successfully complete the sheriff academy and any courses deemed necessary

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at the municipal police training academy prior to assuming the duties of a deputy sheriff.

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Furthermore, the executive high sheriff director of the department of public safety in conjunction

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with the personnel administrator shall be responsible for promulgating written class specifications

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with necessary minimum qualifications defined in them. The sheriffs of the several counties who

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are in office as of February 1, 2001 shall continue to hold office until their present term expires.

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Deputy sheriffs Sheriffs and deputies can be removed for just cause by their appointing authority.

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      (b) The executive high sheriff, the sheriffs, the chief deputy sheriffs, and the All deputy

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sheriffs shall perform all the duties required and exercise all the powers prescribed in this chapter;

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chapter 15 of title 5; chapters 5 and 10 of title 9; chapters 5, 10 and 14 of title 10; chapters 8, 31,

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34, 36 and 44 of title 11; chapters 4, 5 and 6 of title 12; chapter 22 of title 17; chapters 4 and 6 of

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title 22; chapter 2 of title 28; chapter 6 of title 35; chapter 8 of title 37; and all other provisions of

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the general laws and public laws insofar as those powers and duties relate to the deputy sheriffs of

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the several counties and as required and prescribed in all other provisions of the general laws and

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public laws relating to the powers and duties of the sheriffs of the several counties.

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      (c) All resources of the sheriffs shall be transferred to the division of sheriffs within the

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department of public safety. These resources include, but are not limited to, all positions,

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property, accounts and other funding pertinent to sheriffs.

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     42-29-5. Record of appointment of deputies. -- The appointment of every deputy shall

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be in writing under the hand and seal of the sheriff, and shall be lodged to be recorded in a book

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to be kept for that purpose in the office of the clerk of the superior court for the county for which

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he or she is appointed, before he or she shall enter on the duties of his or her office director of the

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department of public safety.

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     42-29-11. Bond of deputies. -- Every deputy shall give bond with sufficient surety or

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sureties to the sheriff appointing him or her director of the department of public safety, in a sum

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satisfactory to the sheriff director, not less than five thousand dollars ($5,000), for the faithful

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execution of his or her office according to law.

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     42-29-12. Action on sheriff's bond. -- Any person injured by the breach of the bond of

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any deputy sheriff may, after recovering judgment against the deputy sheriff, his or her executors,

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or administrators, in an action brought for the default, misfeasance, or nonfeasance of such

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deputy sheriff or his or her deputy, cause a suit to be instituted upon the bond, as set out in section

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42-29-11, at his or her own cost, in the name of the general treasurer, to his or her own use.

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     42-29-14. Copies of bonds as evidence. -- The general treasurer shall deliver an attested

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copy of the bond of any deputy sheriff, to the director of the department of public safety every

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sheriff and shall deliver a copy of the bond of any deputy sheriff, filed in his or her office, to any

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person applying and paying the sum of one dollar ($1.00) for the same, and the copy shall be

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received as evidence in any case, but if the execution of the bond shall be disputed, the court may

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order the original to be brought into court by a proper subpoena for that purpose, to be served on

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the general treasurer or deputy sheriff.

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     42-29-18. Power to investigate and prosecute offenses. -- The sheriff of any county

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may, whenever any offense shall have been committed in his or her county, Any member of the

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division of sheriffs may investigate the same and apprehend and bring to justice the person or

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persons committing such offense, and may make complaint in behalf of the state against such

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person or persons and may prosecute said complaint to final conviction.

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     42-29-19. Attendance on general assembly and courts. -- (a) The director of the

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department of public safety or his or her designees shall assign deputy sheriffs shall to attend the

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general assembly when in session. The sheriff of Providence county director of the department of

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public safety or his or her designee shall designate as sheriffs such number of deputy sheriffs to

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attend the session of the supreme court as the chief justice or presiding justice of the superior,

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district, family and workers’ compensation courts may request and any such deputy sheriff shall

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be relieved of attendance at the request of the chief justice or the presiding justice of the

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applicable court. The sheriffs of the several counties shall, by themselves or their deputies, attend

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the session of the superior court held within their respective counties and shall designate as

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sheriffs such number of deputy sheriffs to attend the session as the presiding justice of the

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superior court may request. The sheriffs of the several counties shall, by themselves or their

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deputies, attend the sessions of the district court as required by law.

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      (b) The sheriffs of the several counties shall designate as sheriffs such number of deputy

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sheriffs to attend such sessions of the family court held within their respective counties as the

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chief judge of the family court may request.

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     42-29-22. Execution of writs and precepts. -- The A deputy sheriff of every county, by

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himself or herself or his or her deputy, shall serve and execute all writs and as directed, within his

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or her county or wherever he or she may be authorized by law, or by special order of the court

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issuing the writ or precept.

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     42-29-24. Service of process on waters. -- Any deputy sheriff or other officer duly

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authorized may serve any writ or other process, whether of a civil or criminal nature, within any

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part of the waters of Narragansett Bay, and within any waters not more than one marine league

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from the seashore of the state at high-water mark.

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     42-29-25. Assistance in execution of office. -- Every sheriff or deputy sheriff, in the due

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execution of his or her office, may command all necessary aid and assistance in the execution

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thereof; and every person who, whenever so required, shall refuse or neglect to give aid and

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assistance shall be fined not exceeding twenty dollars ($20.00).

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     42-29-26. Failure to serve process. -- Every sheriff or deputy sheriff who shall neglect

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or refuse to serve any process issuing from lawful authority, directed to him or her to serve and

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execute (having in all civil causes, paid or tendered unto him or her his or her legal fees, if he or

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she demand the same, for serving and executing such process), shall be liable to the party

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aggrieved for such damages as he or she may have sustained by such neglect or refusal.

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     SECTION 2. Sections 42-29-3, 42-29-6, 42-29-7, 42-29-8, 42-29-9, 42-29-13, 42-29-20,

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42-29-20.1, 42-29-21, 42-29-23, 42-29-27, 42-29-28, 42-29-29, 42-29-30 and 42-29-31 of the

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General Laws in Chapter 42-29 entitled "Sheriffs" are hereby repealed.

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     42-29-3. Bond. -- Every person appointed sheriff shall, previous to entering on the duties

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of his or her office, give bond to the general treasurer in the sum of twenty-five thousand dollars

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($25,000), in form approved by the attorney general, with some surety company authorized to do

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business in this state as surety, or with two (2) other sufficient sureties.

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     42-29-6. Special deputies to execute process. -- Every sheriff may appoint a special

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deputy for the service of any writ or process to him or her directed, provided the appointment be

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written upon the back of the writ or process, and the deputy be sworn, before some person

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authorized to administer oaths, duly and faithfully to execute the writ and process, and a

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certificate of the engagement be indorsed thereon.

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     42-29-7. Compensation of process deputies in Providence county. -- The sheriff of the

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county of Providence is hereby authorized and empowered to pay to such deputy sheriffs as may

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be engaged in the process department compensation at a rate not exceeding two dollars ($2.00)

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per day in excess of the compensation paid to deputy sheriffs serving in any other capacity.

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     42-29-8. Responsibility for deputies -- Actions. -- Every sheriff shall be responsible and

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accountable for any neglect or misfeasance in office of his or her deputies, and in all cases where

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any person shall be entitled to an action for any neglect or misfeasance in office of any deputy

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sheriff, he or she may bring the action either against the sheriff appointing him or her, or against

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the deputy, or he or she may join them both together as parties defendant to the action.

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     42-29-9. Revocation of deputations. -- Any sheriff may revoke any deputation by him

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or her given, provided the revocation be entered in the book for recording deputations and

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appointments as aforesaid.

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     42-29-13. Action on deputy's bond. -- Any person injured by the breach of the bond of

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any deputy sheriff may, after recovering judgment against the deputy sheriff, his or her executors

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or administrators, for the default, misfeasance, or nonfeasance of the deputy sheriff, cause a suit

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to be instituted upon the bond of the deputy at his or her own cost, in the name of the sheriff, to

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his or her own use.

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     42-29-20. Attendance on district court. -- Upon the request of the chief judge of the

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district court, the sheriff of the county in which the court is held, or one of his or her deputies,

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shall attend the sessions of the court.

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     42-29-20.1. Attendance at workers' compensation court. -- Upon the request of the

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chief judge of the workers' compensation court, the sheriff of the county in which the court is

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held, or one of his or her deputies, shall attend the sessions of the court.

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     42-29-21. Duties at Brown University and Providence College commencements. --

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The sheriff of the county of Providence, with as many of his or her deputies as he or she may

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deem necessary, shall attend the celebrations of the annual commencements of Brown University

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and Providence College, and shall preserve peace and good order and decorum during the same.

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     42-29-23. Mandates in writs and precepts. -- Every officer to whom any writ or precept

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lawfully issued shall be delivered shall execute the mandates therein contained as commanded,

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and shall make return of his or her action thereon. In case he or she is unable to execute the

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mandates, he or she shall set forth the reason for failure in his or her return.

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     42-29-27. Death of sheriff -- Continuation in office of deputies. -- In case of the death

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of any sheriff, his or her deputy or deputies shall continue in office, unless removed as herein

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provided, and shall execute the duties of the office, in the name of the deceased, until another

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sheriff shall be appointed and sworn, and shall have given bond as before prescribed, and the

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neglect or misfeasance of the deputies in the meantime, as well as before, shall be a breach of the

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condition of the bond given as before directed by the sheriff who appointed them.

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     42-29-28. Executors succeeding to rights of deceased sheriff. -- The executors or

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administrators of a deceased sheriff shall have the like remedy for the defaults and misfeasances

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in office of the deputy or deputies, during the interval, as the deceased sheriff would have been

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entitled to if he or she had continued in life and in the exercise of his or her office until his or her

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successor was appointed and duly qualified.

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     42-29-29. Continuation in office until qualification of successor. -- Every sheriff

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whose office shall become vacant by resignation or removal into any other county may,

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notwithstanding, officiate as such until his or her successor shall be duly qualified to act, and his

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or her deputies may also exercise their respective offices during that period.

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     42-29-30. Delivery of papers to successor in office. -- All books, notes, bonds,

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obligations, and other papers which sheriffs shall receive pursuant to this chapter shall be

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delivered by them over to their respective successors in office, as papers and documents

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pertaining thereto, and every sheriff unlawfully refusing to deliver the same on demand shall be

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fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

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     42-29-31. Credit for service of legal process. -- The sheriffs of the five (5) counties

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shall extend to each Rhode Island attorney who is a member in good standing of the Rhode Island

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Bar Association, credit up to the sum of three hundred dollars ($300) for the service of legal

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process; provided, however, that no further credit need be extended to any said attorney who fails

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to make payment within sixty (60) days of receipt of any bill for services rendered. The sheriffs

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of the five (5) counties shall accept funds from any attorney, who so desires, for the purpose of

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establishing an escrow account, which escrow funds shall be applied on account for future service

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of legal process.

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     SECTION 3. Section 42-7.3-3.2 of the General Laws in Chapter 42-7.3 entitled

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"Department of Public Safety" is hereby amended to read as follows:

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     42-7.3-3.2. Division of sheriffs. -- (a) Division established. - A division of sheriffs is

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hereby established within the department of public safety. This division shall be responsible for

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statewide activities assigned by law which relate to the duties and functions of the sheriffs of the

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several counties. The division also shall be responsible for all statewide activities assigned by law

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which relate to the duties and functions of state marshals. Among its other responsibilities, the

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division shall also be responsible for courtroom security and cellblocks in all state courthouses,

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training of personnel, transportation of individuals charged with crimes, and special operations.

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      (b) Powers and Duties.

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      (1) The division of sheriffs shall have the following powers and duties:

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      (i) To provide and maintain security for judges at all state courts;

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      (ii) To provide and maintain security in all courtrooms and other public areas within

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state courthouses;

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      (iii) To provide and maintain security in the cellblocks in all state courts, and exercise all

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powers as required and prescribed in all other provisions of the general laws and public laws

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relating to the powers and duties of sheriffs.

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      (2) The division of sheriffs shall also have the following powers and duties previously

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performed by the Rhode Island marshals:

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      (i) To be responsible for transportation statewide of prisoners to and from police

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departments, the adult correctional institutions, all courthouses, and other places of detention;

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      (ii) To transport persons arrested by state and local police departments to places of

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detention; provided, however, nothing in this subsection shall prevent state and local police

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departments from transporting those persons;

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      (iii) To supervise the conduct of and maintain order and discipline of the prisoners in

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their custody;

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      (iv) To be responsible for the custody and safety of prisoners while being transported to

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and from court sessions, places of detention, and outside hospitals prior to commitment to the

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adult correctional institutions;

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      (v) To be responsible for the custody and security of prisoners detained in the cellblock

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areas in the Kent County courthouse and Providence County superior courthouse and for the

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security of these prisoners during the hearing of their cases, and while in outside hospitals prior to

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commitment to the adult correctional institutions;

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      (vi) To be responsible for the safety and welfare of prisoners in their custody;

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      (vii) To provide all security in connection with transportation in the execution of

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extraditions, including, but not limited to, warrants, IAD (Interstate Agreement on Detainers),

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arrest affidavits, interstate compact extradition, and criminal detainers; and

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      (viii) To carry firearms as prescribed.

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      (c) Administration and organization.

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      (1) The director of the department of public safety shall appoint, with the consent of the

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governor, an executive high sheriff.

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      (2) The director of the department of public safety shall appoint deputy sheriffs pursuant

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to a rank structure determined by the director of the department of public safety and other

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necessary classifications, subject to the appropriation process, to provide assistance in the areas of

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courthouse and cellblock security, transportation of prisoners, staff training and special

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operations. All employees in the division of sheriffs shall be in the unclassified service pursuant

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to subdivision 36-4-2(13).

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     SECTION 4. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit

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System" is hereby amended to read as follows:

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     36-4-2. Positions in unclassified service. -- The classified service shall comprise all

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positions in the state service now existing or hereinafter established, except the following specific

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positions which with other positions heretofore or hereinafter specifically exempted by legislative

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act shall constitute the unclassified service:

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      (1) Officers and legislators elected by popular vote and persons appointed to fill

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vacancies in elective offices.

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      (2) Employees of both houses of the general assembly.

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      (3) Officers, secretaries, and employees of the office of the governor, office of the

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lieutenant governor, department of state, department of the attorney general, and the treasury

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department.

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      (4) Members of boards and commissions appointed by the governor, members of the

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state board of elections and the appointees of the board, members of the commission for human

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rights and the employees of the commission, and directors of departments.

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      (5) The following specific offices:

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      (i) In the department of administration: director, chief information officer;

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      (ii) In the department of business regulation: director;

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      (iii) In the department of elementary and secondary education: commissioner of

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elementary and secondary education;

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      (iv) In the department of higher education: commissioner of higher education;

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      (v) In the department of health: director;

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      (vi) In the department of labor and training: director, administrative assistant,

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administrator of the labor board and legal counsel to the labor board;

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      (vii) In the department of environmental management: director;

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      (viii) In the department of transportation: director;

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      (ix) In the department of human services: director and director of veterans' affairs;

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      (x) In the state properties committee: secretary;

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      (xi) In the workers' compensation court: judges, administrator, deputy administrator,

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clerk, assistant clerk, clerk secretary;

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      (xii) In the division of elderly affairs: director;

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      (xiii) In the department of behavioral healthcare, developmental disabilities and

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hospitals: director;

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      (xiv) In the department of corrections: director, assistant director

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(institutions/operations), assistant director (rehabilitative services), assistant director

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(administration), and wardens;

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      (xv) In the department of children, youth and families: director, one assistant director,

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one associate director, and one executive director;

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      (xvi) In the public utilities commission: public utilities administrator;

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      (xvii) In the water resources board: general manager;

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      (xviii) In the human resources investment council: executive director.

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      (xix) In the office of health and human services: secretary of health and human services.

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      (6) Chief of the hoisting engineers, licensing division, and his or her employees;

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executive director of the veterans memorial building and his or her clerical employees.

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      (7) One confidential stenographic secretary for each director of a department and each

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board and commission appointed by the governor.

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      (8) Special counsel, special prosecutors, regular and special assistants appointed by the

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attorney general, the public defender and employees of his or her office, and members of the

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Rhode Island bar occupying a position in the state service as legal counsel to any appointing

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authority.

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      (9) The academic and/or commercial teaching staffs of all state institution schools, with

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the exception of those institutions under the jurisdiction of the board of regents for elementary

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and secondary education and the board of governors for higher education.

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      (10) Members of the military or naval forces, when entering or while engaged in the

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military or naval service.

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      (11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the

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supreme, superior, family, and district courts, the traffic tribunal, security officers of the traffic

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tribunal, jurors and any persons appointed by any court.

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      (12) Election officials and employees.

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      (13) Executive high sheriff, chief deputy sheriff, sheriffs, deputy Deputy sheriffs, and

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other employees of the sheriffs’ division within the department of public safety.

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      (14) Patient or inmate help in state charitable, penal, and correctional institutions and

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religious instructors of these institutions and student nurses in training, residents in psychiatry in

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training, and clinical clerks in temporary training at the institute of mental health within the state

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of Rhode Island medical center.

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      (15) (i) Persons employed to make or conduct a temporary and special inquiry,

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investigation, project or examination on behalf of the legislature or a committee therefor, or on

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behalf of any other agency of the state if the inclusion of these persons in the unclassified service

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is approved by the personnel administrator. The personnel administrator shall notify the house

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fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person

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in the unclassified service.

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      (ii) The duration of the appointment of a person, other than the persons enumerated in

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this section, shall not exceed ninety (90) days or until presented to the department of

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administration. The department of administration may extend the appointment another ninety (90)

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days. In no event shall the appointment extend beyond one hundred eighty (180) days.

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      (16) Members of the division of state police within the department of public safety.

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      (17) Executive secretary of the Blackstone Valley district commission.

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      (18) Artist and curator of state owned art objects.

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      (19) Mental health advocate.

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      (20) Child advocate.

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      (21) The position of aquaculture coordinator and marine infrastructure specialist within

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the coastal resources management council.

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      (22) Employees of the office of the health insurance commissioner.

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      (23) In the department of revenue: the director, secretary, attorney.

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      (24) In the department of public safety: the director.

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     SECTION 5. Sections 45-16-1, 45-16-4.3 and 45-16-14 of the General Laws in Chapter

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45-16 entitled "Sergeants and Constables" are hereby amended to read as follows:

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     45-16-1. Refusal to serve as sergeant -- Maximum service required. -- Whoever is

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legally chosen to the office of town sergeant, and refuses to serve in that office, shall pay a fine of

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seven dollars ($7.00), to and for the use of the town, to be levied and collected, upon conviction,

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by warrant of distress issued by any justice of the peace of a town, the warrant to be directed to

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the division of sheriffs, sheriff of the county or the sheriff's deputy; and no person is obliged to

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serve in the office more often than once in seven (7) years.

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     45-16-4.3. Service of process by constables. -- The chief justice of the supreme court,

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and the chief judge of the family and district courts, upon application being made by a constable

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authorized or licensed to serve civil process under this chapter, may authorize the constable to

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serve or execute any process or writs issued by or returnable to the court. Upon being so

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authorized or licensed, the constable shall have the power and authority to serve or execute all

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writs and process which may issue from the court in like manner and at fees authorized to sheriffs

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and deputy sheriffs. Each constable shall at the time of licensing or authorization give additional

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bond with the clerk of the district court in the sum of five thousand dollars ($5,000) for the

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faithful performance of the duties of the office. Any appointee serves at the pleasure of the

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appointing authority.

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     45-16-14. Unauthorized services of process. -- Any individual who serves, or attempts

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to serve, any writ or legal process for any court of this state, other than sheriffs, deputy sheriffs,

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and those individuals so authorized for this service pursuant to this chapter, or other individuals

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authorized by law or by rule of court shall be fined not less than five hundred dollars ($500) nor

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more than one thousand dollars ($1,000), and/or imprisoned for a term of not less than six (6)

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months, nor more than one year in prison, for each violation; provided, that this section does not

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apply to any city or town constable nor to any power or authority granted to them by any general

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or special law.

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     SECTION 6. Sections 45-19-1 and 45-19-4.3 of the General Laws in Chapter 45-19

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entitled "Relief of Injured and Deceased Fire Fighters and Police Officers" are hereby amended to

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read as follows:

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     45-19-1. Salary payment during line of duty illness or injury. -- (a) Whenever any

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police officer of the Rhode Island Airport Corporation or whenever any police officer, fire

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fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal of

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any city, town, fire district, or the state of Rhode Island is wholly or partially incapacitated by

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reason of injuries received or sickness contracted in the performance of his or her duties or due to

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their rendering of emergency assistance within the physical boundaries of the state of Rhode

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Island at any occurrence involving the protection or rescue of human life which necessitates that

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they respond in a professional capacity when they would normally be considered by their

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employer to be officially off-duty, the respective city, town, fire district, state of Rhode Island or

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Rhode Island Airport Corporation by which the police officer, fire fighter, crash rescue

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crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall,

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during the period of the incapacity, pay the police officer, fire fighter, crash rescue crewperson,

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fire marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to

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which the police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire

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marshal, or deputy fire marshal, would be entitled had he or she not been incapacitated, and shall

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pay the medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital

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services, medicines, crutches, and apparatus for the necessary period, except that if any city,

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town, fire district, the state of Rhode Island or Rhode Island Airport Corporation provides the

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police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

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deputy fire marshal, with insurance coverage for the related treatment, services, or equipment,

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then the city, town, fire district, the state of Rhode Island or Rhode Island Airport Corporation is

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only obligated to pay the difference between the maximum amount allowable under the insurance

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coverage and the actual cost of the treatment, service, or equipment. In addition, the cities, towns,

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fire districts, the state of Rhode Island or Rhode Island Airport Corporation shall pay all similar

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expenses incurred by a member who has been placed on a disability pension and suffers a

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recurrence of the injury or illness that dictated his or her disability retirement, subject to the

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provisions of subsection (j) herein.

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      (b) As used in this section, "police officer" means and includes any chief or other

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member of the police department of any city or town regularly employed at a fixed salary or wage

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and any executive high sheriff, sheriff, deputy sheriff, member of the fugitive task force, or

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capitol police officer, permanent environmental police officer or criminal investigator of the

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department of environmental management, or airport police officer.

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      (c) As used in this section, "fire fighter" means and includes any chief or other member

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of the fire department or rescue personnel of any city, town, or fire district, and any person

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employed as a member of the fire department of the town of North Smithfield, or fire department

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or district in any city or town.

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      (d) As used in this section, "crash rescue crewperson" means and includes any chief or

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other member of the emergency crash rescue section, division of airports, or department of

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transportation of the state of Rhode Island regularly employed at a fixed salary or wage.

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      (e) As used in this section, "fire marshal," "chief deputy fire marshal", and "deputy fire

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marshal" mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals

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regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title

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23.

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      (f) Any person employed by the state of Rhode Island, except for sworn employees of

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the Rhode Island State Police, who is otherwise entitled to the benefits of chapter 19 of this title

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shall be subject to the provisions of chapters 29 -- 38 of title 28 for all case management

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procedures and dispute resolution for all benefits.

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      (g) In order to receive the benefits provided for under this section, a police officer or

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firefighter must prove to their employer that he or she had reasonable grounds to believe that

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there was an emergency which required an immediate need for their assistance for the protection

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or rescue of human life.

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      (h) Any claims to the benefits provided for under this section resulting from the

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rendering of emergency assistance in the state of Rhode Island at any occurrence involving the

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protection or rescue of human life while off-duty, shall first require those covered by this section

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to submit a sworn declaration to their employer attesting to the date, time, place and nature of the

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event involving the protection or rescue of human life causing the professional assistance to be

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rendered and the cause and nature of any injuries sustained in the protection or rescue of human

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life. Sworn declarations shall also be required from any available witness to the alleged

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emergency involving the protection or rescue of human life.

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      (i) All declarations required under this section shall contain the following language:

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      "Under penalty of perjury, I declare and affirm that I have examined this declaration,

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including any accompanying schedules and statements, and that all statements contained herein

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are true and correct."

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      (j) Any person receiving injured on-duty benefits pursuant to this section, and subject to

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the jurisdiction of the state retirement board for accidental retirement disability, for an injury

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occurring on or after July 1, 2011, shall be eligible to receive such benefits for a total period of

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eighteen (18) months after the date of the person's injury that resulted in said person's injured on

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duty status, except as provided for in subdivision 45-19-1(j)(2).

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      (1) Within eighteen (18) months of being injured, the person shall apply for an accidental

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disability retirement allowance from the state retirement board. A person who so applies shall

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continue to receive injured on duty payments until the person's application for an accidental

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disability retirement allowance has been allowed or denied, and if denied initially, then upon the

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expiration of the appeal period from such decision to the workers' compensation court pursuant to

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section 45-21.2-9 of the general laws, or, if appealed, then upon a decision from the workers'

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compensation court denying said appeal, whichever is applicable.

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      (2) If a person with injured on duty status fails to apply for an accidental disability

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retirement allowance from the state retirement board within the eighteen (18) month period set

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forth in this subsection, that person's injured on duty payments shall terminate, unless said person

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provides to the applicable municipality a written opinion from a physician that states that it is the

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physician's opinion, to a reasonable degree of medical certainty, that the person will be able to

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return to work within six (6) months. In such event, the injured person may continue to receive

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injured on duty payments for a period, not to exceed six (6) months, after the initial eighteen (18)

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month period expires.

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     45-19-4.3. One time death benefit -- Death benefits to family of deceased police

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officers, correctional officers, and firefighters. -- (a) If an active or retired police officer,

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capitol police officer, correctional officer, firefighter, crash rescue crew person, fire marshal, or

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deputy fire marshal of any city, town, fire district, or the state of Rhode Island or state sheriff or

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state deputy sheriff or a correctional officer or member of a volunteer auxiliary fire force or

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volunteer crash rescue or ambulance corps is killed or dies from injuries received while in the

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performance of his or her duties, there shall be paid a killed-in-line-of-duty benefit to be

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administered by the board of police officer's and firefighter's relief. The benefit shall be in the

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sum of forty percent (40%) of the federal death benefits for law enforcement officers and

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firefighters killed in the line of duty. The benefit shall be paid as follows:

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      (1) If there is no surviving child of such officer, to the surviving spouse or domestic

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partner of such officer;

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      (2) If there is a surviving child or children and a surviving spouse or domestic partner,

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one-half (1/2) to the surviving child or children of such officer in equal shares and one-half (1/2)

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to the surviving spouse or domestic partner;

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      (3) If there is no surviving spouse or domestic partner, to the child or children of said

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officer in equal shares;

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      (4) If there is no surviving spouse, domestic partner, or surviving child, to the individual

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designated by such officer as beneficiary under such officer's most recently executed life

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insurance policy; provided, that such individual survived such officer; or

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      (5) If none of the above, to the parent or parents of such officer in equal shares.

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      (b) Domestic partners shall certify by affidavit to the board of police officer's and

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firefighter's relief that the: (1) partners are at least eighteen (18) years of age and mentally

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competent to contract; (2) partners are not married to anyone; (3) partners are not related by blood

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to a degree which would prohibit marriage in the state of Rhode Island; (4) partners reside

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together and have resided together for at least one year; (5) partners are financially interdependent

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as evidenced by at least two (2) of the following: (i) domestic partnership agreement or

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relationship contract; (ii) joint mortgage or joint ownership of primary residence; (iii) two (2) of:

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(A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D)

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joint lease; and/or (iv) the domestic partner has been designated as a beneficiary for the

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deceased's will, retirement contract or life insurance.

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     SECTION 7. Section 3-1-4 of the General Laws in Chapter 3-1 entitled "General

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Provisions" is hereby amended to read as follows:

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     3-1-4. Sales on execution exempt from title. -- Nothing in this title and chapter shall be

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construed as prohibiting sheriffs, deputy sheriffs, constables and town sergeants from selling

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beverages, as defined in this title, under and by virtue of executions duly levied.

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     SECTION 8. Section 3-5-18 of the General Laws in Chapter 3-5 entitled "Licenses

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Generally" is hereby amended to read as follows:

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     3-5-18. Signature on licenses -- Posting and exhibition. -- (a) All retail licenses issued

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under chapter 7 of this title shall bear the signature written by hand of the clerk of the licensing

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board, body, or officials issuing them, and shall not be printed, stamped, typewritten, engraved,

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photographed or cut from one instrument and attached to another and shall be displayed by the

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licensee, on the premises and shall be exhibited on demand to any sheriff or deputy sheriff of the

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county, to any city or town sergeant, constable, officer or member of the city or town police or to

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any member of the department of state police or agent of the department.

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      (b) All retail licenses shall be displayed within the premises but need not be posted. The

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license shall be exhibited to any sheriff or deputy sheriff of the county, to any city or town

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sergeant, constable, officer or member of the city or town police or to any member of the

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department of state police or agent of the department who request proof that the establishment is

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duly licensed.

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     SECTION 9. Section 3-12-1 of the General Laws in Chapter 3-12 entitled "Enforcement

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of Title" is hereby amended to read as follows:

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     3-12-1. Duty of sheriffs, constables, and police officers -- Action on taxpayer's

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demand Duty of deputy sheriffs, constables, and police officers -- Action on taxpayer's

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demand. -- The sheriffs of the several counties and their deputies Members of the division of

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sheriffs, and the city and town sergeants, constables, officers, or members of the town or city

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police, and members of the division of state police, are empowered and it is made their duty to

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see that the provisions of this title and the rules and regulations made or authorized by the

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department of business regulation and the division of taxation are enforced within their counties,

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towns, and cities. It is their special duty to use their utmost efforts to repress and prevent crime by

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the suppression of unlicensed liquor shops, gambling places, and houses of ill fame, and they

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shall also do so on the request of any taxpayer of any town or city and may command aid in the

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execution of the authority conferred. Any officer within the above enumeration who willfully

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neglects or refuses to perform the duties imposed upon him or her by this section shall be fined

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not exceeding five hundred dollars ($500) and be rendered ineligible again to be appointed to this

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position; provided, that the officer may after investigation, before taking any further action at the

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request of any taxpayer, demand that the taxpayer requesting him or her to act give a bond to

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secure to that officer reasonable compensation for his or her services and to protect him or her

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from all costs and damages that may arise from that action.

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     SECTION 10. Sections 4-1-12 and 4-1-20 of the General Laws in Chapter 4-1 entitled

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"Cruelty to Animals" are hereby amended to read as follows:

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     4-1-12. Entry of premises where bird or animal fights are conducted -- Arrest --

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Seizure of birds or animals. -- Any sheriff, deputy sheriff, town sergeant, constable, police

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officer or any officer authorized to serve criminal process may enter any place, building, or

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tenement anywhere within the state, where there is an exhibition of the fighting of birds or

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animals, or where preparations are being made for that exhibition, and without a warrant, arrest

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all persons present, and take possession of the birds or animals engaged in fighting, and all birds

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or animals found there and intended to be used or engaged in fighting. Those persons shall be

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kept in custody in jail or other convenient place not more than twenty-four (24) hours, Sundays

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and legal holidays excepted, at or before the expiration of which time those persons shall be

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brought before a district court or the superior court and proceeded against according to law.

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     4-1-20. Duty of police officers -- Fines paid to society for prevention of cruelty to

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animals. -- Any sheriff, deputy sheriff, constable or police officer shall prosecute all violations of

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this chapter which come to his or her knowledge and all fines and forfeitures resulting from the

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complaint of any officer or agent of the society for the prevention of cruelty to animals under this

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chapter, shall enure and be paid over to the society in aid of the benevolent objects for which it

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was incorporated.

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     SECTION 11. Section 4-4-13 of the General Laws in Chapter 4-4 entitled "Animal

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Diseases in General" is hereby amended to read as follows:

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     4-4-13. Powers of federal and state inspectors -- Assistance by peace officers. -- The

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inspectors of the state department of environmental management and the department of

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agriculture of the United States, in cooperation with the state department of environmental

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management, or with any agent of the state, has the right of inspection, quarantine, and

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condemnation of animals affected with any contagious, infectious, or communicable disease, or

16-39

suspected to be affected, or that have been exposed to any contagious, infectious, or

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communicable disease, and for these purposes are authorized and empowered to enter upon any

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grounds or premises. The director of agriculture or inspectors of the United States department of

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agriculture, in cooperation with the state department of environmental management, or with any

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agent of the state department of environmental management have the power to call on deputy

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sheriffs, constables, and peace officers to assist them in the discharge of their duties in carrying

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out the provisions of the act of congress approved May 29, 1884, 21 U.S.C. section 113 et seq.,

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establishing the bureau of animal industry, or the provisions of the department of environmental

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management, and it is made the duty of deputy sheriffs, constables, and peace officers to assist

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those inspectors or agents when requested, and those inspectors or agents have the same power

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and protection as peace officers while engaged in the discharge of their duties.

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     SECTION 12. Section 5-11-12 of the General Laws in Chapter 5-11 entitled "Hawkers

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and Peddlers" is hereby amended to read as follows:

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     5-11-12. Arrest of violators -- Detention of merchandise. -- Any state police officer,

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any police officer of any city or town who has probable cause to believe a person has violated the

16-54

provisions of this chapter, and any sheriff, deputy sheriff, town sergeant, or constable within his

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or her precinct who has probable cause to believe a person has violated the provisions of this

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chapter, may arrest that person, and may also detain any goods, wares, or other merchandise

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which the arrested person has with him or her at the time of his or her arrest, for the purpose of

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hawking and peddling; and the arresting officer detaining the goods, wares, or merchandise shall

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be allowed a reasonable compensation for the safekeeping and care of the merchandise and

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property, to be taxed in the costs of prosecution and conviction for the offense.

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     SECTION 13. Section 5-15-13 of the General Laws in Chapter 5-15 entitled "Itinerant

16-62

Vendors" is hereby amended to read as follows:

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     5-15-13. Enforcement -- Failure to produce license as evidence -- Seizure. -- (a) It is

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the duty of the officers in each town and city in this state to see that the provisions of this chapter

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are complied with and to prosecute for violations of those provisions. All of those officers shall

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have power to demand the production of the proper state and local licenses from any itinerant

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vendor advertising or actually engaged in business, and any failure to produce those licenses shall

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be prima facie evidence against the vendor that he or she has none.

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      (b) Property held out for sale by any itinerant vendor in this state without a permit to

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make sales at retail issued by the division of taxation is subject to seizure, without a warrant, by

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the tax administrator, his or her agents or employees, or by any sheriff, deputy sheriff, or police

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officer of the state when directed by the tax administrator to do so. Any property seized may be

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offered by the tax administrator for sale at public auction to the highest bidder after advertisement

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to discharge any tax liability owed to the state; provided, that any property seized in that manner

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is not released until the tax administrator is satisfied that all taxes owed to the state are paid and

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the retailer is in compliance with the sales/use tax law.

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     SECTION 14. Section 5-22-22 of the General Laws in Chapter 5-22 entitled "Shows and

17-10

Exhibitions" is hereby amended to read as follows:

17-11

     5-22-22. Obstruction of sheriff or deputies Obstruction of members of the division of

17-12

sheriffs. -- Any person who hinders or obstructs any sheriff or deputy sheriff in entering any

17-13

exhibition, performance, or place mentioned in this chapter is, upon conviction, guilty of

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obstructing an officer and liable to the penalty imposed in section 11-32-1.

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     SECTION 15. Section 8-8.1-4.2 of the General Laws in Chapter 8-8.1 entitled "Domestic

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Assault" is hereby amended to read as follows:

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     8-8.1-4.2. Return of service -- Alternate service. -- (a) The complaint and any order

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issued under this chapter shall be personally served upon the defendant by a deputy sheriff or

17-19

constable except as provided in subsections (c), (d), and (f) of this section. Service shall be made

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without payment of any fee when service is made by a deputy sheriff. At the election of the

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plaintiff, service pursuant to this subsection may also be made by a constable licensed to serve

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process of the district court pursuant to section 45-16-4.1. The constable shall be entitled to

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receive the fee allowed by law for the service of a district court summons.

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      (b) Return of service shall be forwarded by the deputy sheriff or constable to the clerk of

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court prior to the date set down for hearing on the complaint. If service has not been made, the

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deputy sheriff or constable shall indicate on the summons the reason therefor and the attempts

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made to serve the defendant.

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      (c) At the time the return of service is sent to the clerk of the court, the deputy sheriff or

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constable shall cause a copy of the return of service to be sent to the plaintiff and to the

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appropriate law enforcement agency.

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      (d) If, at the time of hearing on the complaint, the court determines that after diligent

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effort the deputy sheriff or constable has been unable to serve the defendant personally, the judge

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may order an alternate method of service designed to give reasonable notice of the action to the

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defendant and taking into consideration the plaintiff's ability to afford the means of service

18-1

ordered. Alternative service shall include but not be limited to: service by certified and regular

18-2

mail at defendant's last known address (excluding the residence which he or she has been ordered

18-3

to vacate) or place of employment, leaving copies at the defendant's dwelling or usual place of

18-4

abode with a person of suitable age and discretion residing therein, or by publication in a

18-5

newspaper for two (2) consecutive weeks. The court shall set a new date for hearing on the

18-6

complaint and shall extend the temporary order until that date.

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      (e) If the defendant appears in person before the court, the necessity for further service is

18-8

waived and proof of service of that order is not necessary.

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      (f) If the defendant is served notice regarding the complaint and hearing, but does not

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appear at the hearing, the clerk of the district court shall mail the defendant a copy of the resulting

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order.

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     SECTION 16. Sections 9-5-6, 9-5-7, 9-5-8, 9-5-9 and 9-5-10 of the General Laws in

18-13

Chapter 9-5 entitled "Writs, Summons and Process" are hereby amended to read as follows:

18-14

     9-5-6. Writs and process operating throughout state -- Officers to whom directed. --

18-15

All writs and process shall run throughout the state, and shall be directed to the division of

18-16

sheriffs, or constables, of all the counties in the state, or to their deputies; but if any deputy the

18-17

sheriff of any county is a party to the action or suit, the process, if to be served in that county,

18-18

shall, in addition to the former direction, be directed to the town sergeant sergeants in the county,

18-19

or constable and may be served by any one of them not a party to the action or suit.

18-20

     9-5-7. Direction of writs for arrest or execution against the body. -- All writs

18-21

whatsoever, commanding the arrest of a defendant, or executions running against the body of a

18-22

defendant, shall be directed for service only to the division of sheriffs or their deputies, or if the

18-23

writ is to be served in the town of New Shoreham, it may be directed to the town sergeant of the

18-24

town, subject to the provisions of section 9-5-8, and no writ of arrest shall be served by any other

18-25

officer.

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     9-5-8. Power of New Shoreham town sergeant -- Bond. -- The town sergeant of the

18-27

town of New Shoreham is hereby authorized and empowered to serve any writ and civil or

18-28

criminal process in the town of New Shoreham and the waters adjacent thereto within the

18-29

jurisdiction of the state, the ad damnum of which does not exceed one thousand dollars ($1,000),

18-30

as fully and effectually as a member of the division of sheriffs the sheriff of Newport county;

18-31

provided, that the town sergeant of New Shoreham give bond, with two (2) sufficient sureties, to

18-32

the general treasurer in the sum of two thousand dollars ($2,000). In case any person is injured by

18-33

the breach of the bond, he or she may sue upon the bond in like manner as he or she might do

18-34

upon a sheriff's bond in a like case under the provisions of sections 42-29-12 and 42-29-13.

19-1

     9-5-9. Warrants for commitment to institutions. -- Any warrant or mittimus issued

19-2

from any district court committing any person to the Exeter school or the institute of mental

19-3

health shall be directed to and executed by duly authorized agents of the department of human

19-4

services, who shall make return thereon, the provisions of any other law to the contrary

19-5

notwithstanding.

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     9-5-10. Direction and return of district courts writs and summonses. -- Writs and

19-7

summonses issued by a district court shall be made returnable to the court at the place and on the

19-8

day and hour provided by law, to be named in the writs and summonses, and shall, except as

19-9

otherwise specifically provided, be directed to the division of sheriffs sheriff, the sheriff's

19-10

deputies, or to either of the town sergeants or constables licensed pursuant to section 45-16-4.1 of

19-11

the county in which the action shall be brought, or pursuant to section 45-16-4.3 for statewide

19-12

service; provided, that writs of arrest and writs, summonses, and executions issued by a district

19-13

court in actions for possession of tenements or estates let or held at will or by sufferance shall be

19-14

directed to the division of sheriffs sheriff or the sheriff's deputies in the county in which the

19-15

action shall be brought and service thereof shall be made by a member of the division of sheriffs

19-16

the sheriff or the sheriff's deputies; and provided, further, that in actions wherein the debt or

19-17

damages demanded exceed three hundred dollars ($300), a town sergeant of the county in which

19-18

the action is brought shall have power to serve the writs or summonses only if his or her

19-19

certificate of appointment has been endorsed approving such use thereof by the judge of the

19-20

district court having jurisdiction in the city or town by which the sergeant was appointed or

19-21

elected. In case any person upon whom it is necessary to make service of any writ, summons, or

19-22

execution issued by a district court is, or has estate, in any other county than the one in which the

19-23

action is brought, the writ, summons, or execution may also be directed to and served by the like

19-24

officer of such other county.

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     SECTION 17. Section 9-9-3 of the General Laws in Chapter 9-9 entitled "Jury Lists" is

19-26

hereby amended to read as follows:

19-27

     9-9-3. Persons exempt from service. -- The following persons shall be exempted from

19-28

serving as jurors, unless such persons shall waive their exemption, namely: the members of

19-29

congress from the state of Rhode Island, the general officers of the state, the members and

19-30

officers of the general assembly during their tenure of office irrespective of whether the general

19-31

assembly is in session or not, the jury commissioner and his or her assistants, the justices of the

19-32

state and United States courts, clerks of those courts, practicing attorneys-at-law, correctional

19-33

officers, sheriffs, deputy sheriffs, marshals, deputy marshals, probation and parole officers,

19-34

members of any paid police force of the state or of any city or town, members of any paid fire

20-1

department of any city or town, and members of the armed services on active duty.

20-2

     SECTION 18. Section 9-17-8 of the General Laws in Chapter 9-17 entitled "Witnesses"

20-3

is hereby amended to read as follows:

20-4

     9-17-8. Attachment of witness in criminal proceeding. -- Whenever any witness, duly

20-5

served with a subpoena to testify in any criminal proceeding at any court, shall neglect to appear

20-6

according to the tenor of the subpoena, the court may order a writ of attachment to issue against

20-7

him or her, returnable at such time as the court shall direct, and may direct the writ of attachment

20-8

to each and all sheriffs, deputy sheriffs, town sergeants, and constables within the state.

20-9

     SECTION 19. Sections 9-26-27, 9-26-28 and 9-26-29 of the General Laws in Chapter 9-

20-10

26 entitled "Levy and Sale on Execution" are hereby amended to read as follows:

20-11

     9-26-27. Interest on execution. -- Every sheriff, deputy sheriff, town sergeant, and

20-12

constable charged with the service of any execution for any debt or damages shall levy, collect,

20-13

receive, and pay over interest on the debt or damages, from the date entered on the margin, up to

20-14

the time of its discharge by him or her.

20-15

     9-26-28. Execution against sheriff Execution against a deputy sheriff. -- Whenever

20-16

judgment shall be rendered against any person holding the office of deputy sheriff, the execution

20-17

issued thereon, directed in the ordinary form, may be delivered to the division of sheriffs sheriff

20-18

or a deputy sheriff of some other county, who, within the county of the defendant sheriff, may

20-19

levy on the property, subject to levy on execution, of the defendant, as the proper sheriff of the

20-20

county might do in other cases, and proceed and sell the property according to law.

20-21

     9-26-29. Execution against body of sheriff for want of property Execution against

20-22

body of a deputy sheriff for want of property. -- For want of goods and chattels and real estate

20-23

or other property, subject to levy on execution, the other sheriff or deputy shall director of public

20-24

safety may designate a deputy sheriff to take the body of the defendant sheriff and commit him or

20-25

her to the adult correctional institutions, whenever the writ of execution shall command him or

20-26

her so to do.

20-27

     SECTION 20. Section 9-28-6 of the General Laws in Chapter 9-28 entitled "Proceedings

20-28

in Aid of Execution" is hereby amended to read as follows:

20-29

     9-28-6. Enforcement of decree. -- If the debtor at any time fails to comply with the

20-30

decree, the court entering the decree may cause him or her to be cited to show cause for the

20-31

noncompliance; and unless the debtor shows good cause therefor, the court may order that unless

20-32

he or she complies with the decree, or with such modification thereof as the court may then make,

20-33

within the time stated in the order, the failure shall be a contempt of court; and if at the expiration

20-34

of the time fixed by the court for compliance with the new decree the debtor still fails or refuses

21-1

to comply therewith, the court may enforce its decree by proceedings for contempt. And if a

21-2

defendant is in the custody of or committed to jail by the sheriff a member of the division of

21-3

sheriffs, or imprisoned, either upon execution or by order of the court in contempt proceedings, it

21-4

shall not operate in any degree as a payment or satisfaction of the judgment upon which the

21-5

execution is issued, or concerning which the order is entered, nor shall the custody, commitment

21-6

to jail, or imprisonment be or constitute any bar, delay, or hinderance hindrance to any legal or

21-7

equitable proceedings to discover or reach any assets, legal or equitable, of the defendant.

21-8

     SECTION 21. Sections 9-29-9, 9-29-14 and 9-29-14.1 of the General Laws in Chapter 9-

21-9

29 entitled "Fees" are hereby amended to read as follows:

21-10

     9-29-9. Fees of sheriffs, sergeants, and constables. -- (a) The fees, including mileage,

21-11

of sheriffs, deputy sheriffs, town sergeants, and constables, for which a deposit to insure payment

21-12

may be required, shall not exceed the following:

21-13

     (1) For serving any writ of replevin, or out of state papers ............ $100.00

21-14

     (2) For serving all other writs, citations, or subpoenas ............ $45.00

21-15

     (3) For a writ copy of every one hundred words ............ $2.00

21-16

     (4) For every writ returned when the defendant cannot be found ............ $15.00

21-17

     (5) For serving any writ of arrest or body attachment ............ $100.00

21-18

     (b) The above fees shall be deposited as general revenue.

21-19

     9-29-14. Legal Aid Society and Rhode Island Legal Services, Inc. exempt from fees. -

21-20

- Neither the Legal Aid Society of Rhode Island nor Rhode Island Legal Services, Inc. shall be

21-21

required to pay any fees to the superior court, family court, or district courts or the clerks thereof

21-22

or any fees or charges for the service or travel of sheriffs or deputy sheriffs for serving any writ,

21-23

citation, subpoena or other process or for taking bail, bond, or inventory or for making copies of

21-24

writs for or in behalf of the organizations or their clients; provided, however, that fees and

21-25

charges authorized by law shall nevertheless be taxable as costs.

21-26

     9-29-14.1. The state exempt from fees. -- The state of Rhode Island, its departments,

21-27

agencies, boards, and commissions shall not be required to pay any fees, including appeal fees, to

21-28

the superior court or district courts or the clerks thereof, or any fees or charges for the service or

21-29

travel of sheriffs or deputy sheriffs for serving any writ, citation, subpoena, or other process or for

21-30

taking bail, bond, or inventory or for making copies of writs for or in behalf of the state;

21-31

provided, however, that fees and charges authorized by law shall nevertheless be taxable as costs.

21-32

     SECTION 22. Section 10-1-7 of the General Laws in Chapter 10-1 entitled "Abatement

21-33

of Nuisances" is hereby amended to read as follows:

22-34

     10-1-7. Decree and order of abatement -- Sale of property. -- If the existence of a

22-35

nuisance shall finally be admitted or established in any proceeding under this chapter, a decree

22-36

permanently enjoining the maintenance thereof shall be entered, and, in addition thereto, an order

22-37

of abatement shall be entered, directing the sheriff of the county, or his or her deputies, a deputy

22-38

sheriff to enter the place where the nuisance exists and to sell and remove, in the manner provided

22-39

for the sale of goods and chattels under execution, all personal property used in maintaining the

22-40

nuisance, unless the owner of the personal property shall prove to the satisfaction of the court that

22-41

he or she had no knowledge and by the exercise of reasonable diligence could not have learned of

22-42

the maintenance of the nuisance before the filing of the complaint, and the court may further

22-43

direct that the place where the nuisance exists shall be kept closed for all purposes for a period of

22-44

one year unless otherwise ordered. The proceeds of any sale under this section shall be applied

22-45

first to the payment of all costs incurred in connection with the proceedings brought under this

22-46

chapter in connection with the nuisance, and secondly to the payment of a reasonable counsel fee

22-47

for the plaintiff, and any balance remaining shall be paid to the owner of the property so sold.

22-48

     SECTION 23. Sections 10-5-16, 10-5-17 and 10-5-32 of the General Laws in Chapter 10-

22-49

5 entitled "Attachment" are hereby amended to read as follows:

22-50

     10-5-16. Surrender of attached goods on defendant's bond. -- Every officer having

22-51

goods and chattels attached by him or her in his or her custody shall surrender the goods and

22-52

chattel, at any time after the attachment, and before final judgment or decree, to the person whose

22-53

interest in the goods and chattel has been attached, or from whose possession they have been

22-54

taken, upon being tendered a bond by the defendant or someone in his or her behalf, with

22-55

sufficient surety or sureties to the satisfaction of the officer, in double the value of the goods and

22-56

chattels so attached, the value to be determined by the sworn appraisal of any two (2) or three (3)

22-57

persons, one chosen by the sheriff director of the department of public safety and one by the

22-58

defendant or his or her attorney, and the third by the creditor or his or her attorney, or in the penal

22-59

sum of the amount of damages stated in the writ, with condition that the bond shall be null and

22-60

void if, at any time after final judgment or decree rendered in the action or cause in which the

22-61

attachment shall have been made, upon request therefor, the appraised value of the goods and

22-62

chattels shall be paid, or the goods and chattels shall, in as good order and condition as when

22-63

surrendered, be returned to the officer taking the bond, or to any officer who shall be charged

22-64

with the service of an execution issued upon the judgment or decree rendered in the action or

22-65

cause, unless the judgment or decree shall have been paid, or shall be immediately paid, together

22-66

with the costs upon the execution, upon the making of the request for the return of the goods and

22-67

chattels or the payment of their appraised value.

23-68

     10-5-17. Release of real estate on bond. -- Each sheriff in each county The director of

23-69

the department of public safety or his or her designee wherein any officer commanded by any

23-70

original writ or writ of mesne process to attach the real estate or right, title, and interest in the real

23-71

estate of any defendant has attached the real estate or defendant's right, title, and interest therein,

23-72

whether during his or her tenure as sheriff or during the tenure of a prior sheriff, shall, by himself

23-73

or herself or through his or her deputies, release and discharge the attachment upon the public

23-74

records at any time after the attachment and before final judgment or decree:

23-75

      (1) Upon being tendered a bond, running to the sheriff and his or her successors in office

23-76

division of sheriffs, by the defendant or someone in his or her behalf with sufficient surety, which

23-77

surety shall be a surety corporation authorized so to act in this state, in the penal sum of the

23-78

amount of damages stated in the writ, with condition that the bond shall be null and void if there

23-79

is a settlement or discontinuance of the action or cause, or if the final judgment or decree in the

23-80

action or cause in which the writ of attachment was served shall be immediately paid and satisfied

23-81

after the rendition of the final judgment or decree, or if the execution issued in the writ be

23-82

returned satisfied, or if final judgment or decree in the action or cause is for the defendant, or

23-83

upon the happening of any event which, ipso facto, would have resulted in the extinguishment of

23-84

the lien of the attachment had the attachment not been released and discharged pursuant to the

23-85

provisions of this section; or

23-86

      (2) Upon payment by a defendant, or by someone in his or her behalf, of the amount of

23-87

damages stated in the writ, into the registry of the court in which the action or cause is then

23-88

pending, and the clerk thereof shall immediately notify the sheriff of the fact of the payment and

23-89

thereafter shall pay from the amount so deposited to the plaintiff, if final judgment or decree is in

23-90

his or her favor, so much thereof as may be required to satisfy his or her execution, and shall pay

23-91

the balance, if any, of the amount so deposited, with actual accrued interest, if any, to the

23-92

defendant, and if judgment or decree in the action or cause is for defendant, in the event upon

23-93

presentation of execution in his or her favor, the amount so deposited, with actual accrued

23-94

interest, if any, shall be immediately paid to the defendant, but such amount may at any time be

23-95

paid by the clerk as the parties may by their agreement stipulate, or as the court upon motion of

23-96

any party in interest may direct.

23-97

     10-5-32. Surety on defendant's bond -- Lien on surety's real estate. -- Whenever a

23-98

sheriff or a deputy sheriff member of the division of sheriffs shall take a bond for the release of

23-99

goods and chattels attached on an original writ or a writ of mesne process, in which the ad

23-100

damnum shall be more than one thousand dollars ($1,000), the bond shall be in the penal sum of

23-101

the amount of damages stated in the writ, with some surety company authorized to do business in

23-102

this state as surety, unless the defendant can furnish as surety a resident of the state satisfactory to

24-1

the officer taking the bond, who is the owner of real estate in this state having a value over all

24-2

incumbrances thereon, equal to the penal sum of the amount of damages stated in the writ. In case

24-3

the owner of such real estate is accepted as surety, the bond shall contain a description of the real

24-4

estate, so that the real estate may be readily identified in the records of land evidence of the city

24-5

or town in which it is situated, and also a statement by the surety of the value of the real estate

24-6

free from all incumbrances, and the description and the valuation shall be sworn to by the surety,

24-7

and his or her affidavit shall be made a part of the bond. Before the goods and chattels are

24-8

released, an attested copy of the bond shall be filed with the recorder of deeds, but if there is no

24-9

recorder of deeds, then with a city or town clerk of the city or town in which the real estate is

24-10

situated, and the copy shall be recorded in the same manner as copies of writs of attachment are

24-11

recorded under the provisions of this chapter, and the bond shall be a lien upon the real estate

24-12

described in the bond until the action in which the attachment was made is disposed of, or the

24-13

bond is cancelled by the plaintiff, or by his or her attorney of record, or by order of a court of

24-14

competent jurisdiction. The officer taking the bond shall be allowed a fee of one dollar and fifty

24-15

cents ($1.50) for making a copy of the bond, and the fee for the copy, together with the fee for

24-16

recording, shall be a part of the costs in the case. Any lien created by the provisions of this

24-17

section may be established, foreclosed, and enforced by a civil action, which action may be heard,

24-18

tried, and determined according to the usages in chancery and the principles of equity.

24-19

     SECTION 24. Sections 10-9-12 and 10-9-24 of the General Laws in Chapter 10-9

24-20

entitled "Habeas Corpus" are hereby amended to read as follows:

24-21

     10-9-12. Remand, bail, or commitment pending judgment. -- Until judgment is given,

24-22

the court may remand the party, or may bail him or her to appear from day to day, or may commit

24-23

him or her to the sheriff of the county a member of the division of sheriffs, or place him or her

24-24

under such other care and custody as the circumstances of the case may require.

24-25

     10-9-24. Attachment and commitment of sheriff or deputy Attachment and

24-26

commitment of a member of the division of sheriffs. -- If an attachment shall be issued against

24-27

a sheriff or his or her deputy any deputy sheriff, it may be directed to any town sergeant or to any

24-28

other person, to be designated in the attachment the commissioner of public safety and the

24-29

superintendent of the Rhode Island state police, who shall have full power to execute the

24-30

attachment; and if the deputy sheriff or deputy should be committed upon such process, he or she

24-31

may be committed to the adult correctional institutions in any other county than his or her own.

24-32

     SECTION 25. Sections 10-10-11 and 10-10-12 of the General Laws in Chapter 10-10

24-33

entitled "Imprisonment on Civil Process" are hereby amended to read as follows:

25-34

     10-10-11. Bonds and obligations not provided for void. -- If any sheriff, deputy sheriff,

25-35

town sergeant, constable or the warden of the adult correctional institutions shall take or receive

25-36

from any prisoner in his or her custody any bond, obligation, covenant, promise, or assurance

25-37

whatsoever, to indemnify and save harmless the person taking the bond, obligation, convenant

25-38

covenant, promise, or assurance for the enlargement or ease of the prisoner, in any other form or

25-39

manner than is prescribed by law for taking bail on mesne process in a civil action, or is

25-40

prescribed in this chapter or chapter 12 of this title, every such bond, obligation, covenant,

25-41

promise or assurance whatsoever, shall be utterly void.

25-42

     10-10-12. Payment of prisoner's board. -- Whenever any person shall be imprisoned in

25-43

or committed to the adult correctional institution upon original writ, mesne process, execution, or

25-44

surrender or commitment by bail, in any action whatsoever, the party at whose suit the person is

25-45

imprisoned, or committed for the benefit of or at the request of the United States of America shall

25-46

pay to the warden of the institution in which he or she is imprisoned or committed the sum of two

25-47

hundred ten dollars ($210), per week in advance for the board of the prisoner or person,

25-48

reckoning the board from the time of the commitment; which payment in advance shall continue

25-49

to be made by the creditor or the United States of America during the time the person shall be

25-50

detained at his or her suit; provided, however, that in all cases in which any person shall be

25-51

imprisoned under an original writ, mesne process, execution against the body or because of

25-52

surrender or commitment by bail, in any suit in favor of the state and in all cases where the person

25-53

is held in civil or criminal contempt by any court of the state, or any commitment under section

25-54

15-5-16, no board need be demanded by or paid to the warden. Provided, further, however, that in

25-55

all applicable cases of commitment, the party so committing shall pay the board in advance until

25-56

one week after notice in writing of the commitment shall have been duly served upon the party, or

25-57

his or her attorney of record, by the sheriff, his or her deputy any member of the division of

25-58

sheriffs, or other duly qualified officer and lodged with the warden of the institution where the

25-59

person is committed.

25-60

     SECTION 26. Section 10-11-2 of the General Laws in Chapter 10-11 entitled "Bail of

25-61

Persons Imprisoned on Civil Process" is hereby amended to read as follows:

25-62

     10-11-2. Giving of bail bond. -- Whoever shall become bail for any person may give

25-63

bond to the sheriff a member of the division of sheriffs, if the writ or process shall be served by

25-64

the sheriff or his or her deputy division of sheriffs; and if the writ or process shall be served by a

25-65

town sergeant or constable, the bail bond in such case shall be given to the officer serving the writ

25-66

or process.

25-67

     SECTION 27. Sections 10-12-1, 10-12-2 and 10-12-8 of the General Laws in Chapter 10-

25-68

12 entitled "Liberty of Jail Yard" are hereby repealed.

26-1

     10-12-1. Power of sheriff or warden to grant liberty. -- Whenever any person shall be

26-2

imprisoned for want of bail in any civil action, or upon surrender or commitment by bail in any

26-3

civil action, or on execution in any civil action, except on executions awarded in actions on penal

26-4

statutes or on bonds given in pursuance of the provisions of this chapter, or in any action for

26-5

conversion, all actions sounding in tort other than for replevin and for trespass to land in which

26-6

the title to the land was in dispute, and actions to recover possession of land, or in an action

26-7

prosecuted by bail against his principal, the sheriff or warden of the correctional institution may

26-8

grant the person a chamber or lodging in any of the houses or apartments belonging to the

26-9

institution and the liberty of the yard within the limits thereof, upon reasonable payment to be

26-10

made for chamber room and upon bond being given by the person as provided in section 10-12-2.

26-11

     10-12-2. Bond to secure liberty. -- The person shall first leave with the sheriff or warden

26-12

a bond to the creditor with two (2) or more sufficient sureties, being inhabitants of this state,

26-13

bound jointly and severally at least in double the sum for which he or she is imprisoned, with

26-14

condition in form following: That if the above now a prisoner in the correctional institution in

26-15

within the county of at the suit of shall from henceforth continue to be a true prisoner in the

26-16

custody, guard, and safekeeping of warden of the institution, and in the custody, guard, and

26-17

safekeeping of his or her deputy officers and servants, or, some one of them within the limits of

26-18

the institution and keeping the warden advised of the place of his or her usual residence and

26-19

abode therein until he or she shall be lawfully discharged without committing any manner of

26-20

escape or escapes during the term of his or her restraint, then this obligation shall be void or else

26-21

shall remain in full force and virtue.

26-22

     10-12-8. Surrender of principal by surety on jail yard bond. -- Every person who shall

26-23

become surety in any bond given by any debtor for the liberty of the jail yard as provided in

26-24

section 10-12-2, shall have a right at any time to deliver up the principal in the bond to the sheriff

26-25

of the county in which the debtor shall have been committed, or to the warden of the adult

26-26

correctional institutions, and within the institutions, whereupon he or she shall be detained by the

26-27

sheriff or warden in close jail, in the same manner as though he or she had not been liberated on

26-28

bond, until he or she shall give other bond according to the provisions of this chapter, or be

26-29

otherwise discharged according to law, and none of the sureties, after the principal has been

26-30

delivered up as provided in this section, shall be liable for any escape thereafter committed by the

26-31

principal.

26-32

     SECTION 28. Sections 10-13-4 and 10-13-16 of the General Laws in Chapter 10-13

26-33

entitled "Relief of Poor Debtors" are hereby amended to read as follows:

27-34

     10-13-4. Service of citation on creditor. -- The citation shall be served on the creditor,

27-35

his or her agent or attorney as provided in section 10-13-3, seven (7) days at least before the time

27-36

appointed as provided in section 10-13-3, by reading the citation to him or her, or by leaving an

27-37

attested copy with some person living at his or her last and usual place of abode, by the sheriff,

27-38

his or her deputy a member of the division of sheriffs or either of the town sergeants or constables

27-39

in the county in which the creditor, his or her agent or attorney, shall reside. If the creditor does

27-40

not live or have any agent or attorney within this state, the service shall be made upon the creditor

27-41

by any disinterested person.

27-42

     10-13-16. Service of citation. -- The citation shall be served by any sheriff, deputy

27-43

sheriff, town sergeant, or constable, at least four (4) days before the time therein appointed for

27-44

taking the oath, by reading the citation to the plaintiff or by leaving an attested copy thereof at his

27-45

or her last and usual place of abode in this state, with some person living there, and the citation

27-46

shall be returned to the court in which the action is pending. If the plaintiff does not reside in this

27-47

state, service of the citation may be made in like manner upon the agent or attorney of record of

27-48

the plaintiff in this state.

27-49

     SECTION 29. Sections 11-5-5 and 11-5-15 of the General Laws in Chapter 11-5 entitled

27-50

"Assaults" are hereby amended to read as follows:

27-51

     11-5-5. Assault of police officers and other officials. -- Any person who shall make an

27-52

assault or battery, or both, by knowingly and willfully either (1) striking, or (2) spraying with a

27-53

noxious chemical, commonly used as a personal defense weapon, including Mace and an

27-54

oleoresin capsicum product or like products, a uniformed member of the state police or

27-55

metropolitan park police, environmental police officer, state properties patrol officer, probation

27-56

and parole officers, state government case worker or investigator, judge of the supreme, superior,

27-57

family, district court, traffic tribunal or municipal court, sheriff, deputy sheriff, city or town

27-58

police officer or firefighter, member of the Rhode Island state marshals of the department of

27-59

corrections, member of the capitol police, member of campus security force of state colleges and

27-60

universities, member of the Rhode Island airport police department, member of the Rhode Island

27-61

fugitive task force, Rhode Island public transit authority bus driver, or on-duty plainclothes

27-62

member of the town, city, or state police force, investigator of the department of the attorney

27-63

general appointed pursuant to section 42-9-8.1, or member of the railroad police after proper

27-64

identification is displayed, or uniformed dog officer, or out-of-state police officer called into

27-65

Rhode Island under a cooperative agreement to provide mutual aid at the request of the state of

27-66

Rhode Island pursuant to chapter 37 of title 42, or assistant attorney general or special assistant

27-67

attorney general, or employees of the department of environmental management responsible for

27-68

administrative inspections or any constable authorized by chapter 45-16 of the Rhode Island

28-1

general law causing bodily injury while the officer or official is engaged in the performance of his

28-2

or her duty, shall be deemed to have committed a felony, and shall be imprisoned not exceeding

28-3

three (3) years, or fined not exceeding fifteen hundred dollars ($1,500), or both.

28-4

     11-5-15. Aggravated harassment of a deputy marshal or deputy sheriff by an

28-5

inmate. Aggravated harassment of a deputy sheriff by an inmate -- Every prisoner confined

28-6

in a custodial unit of the adult correctional institutions or in the custody of the warden or other

28-7

correctional employee while outside the confines of the institutions who causes or attempts to

28-8

cause any deputy marshal or deputy sheriff to come into contact with blood, seminal fluid, urine

28-9

or feces, by throwing, tossing or expelling the fluid or material with the intent to harass, annoy,

28-10

threaten or alarm, shall be imprisoned not exceeding two (2) years, or fined not less than five

28-11

hundred dollars ($500) nor more than two thousand dollars ($2,000), or both.

28-12

     SECTION 30. Section 11-8-6 of the General Laws in Chapter 11-8 entitled "Burglary and

28-13

Breaking and Entering" is hereby amended to read as follows:

28-14

     11-8-6. Entry to steal poultry -- Arrest -- Fine. -- Every person who breaks and enters,

28-15

or enters in the nighttime without breaking, any building or enclosure in which are kept or

28-16

confined any kind of poultry, with intent to steal any of the poultry, shall be punished by

28-17

imprisonment for not more than five (5) years, or by a fine of not more than five hundred dollars

28-18

($500), or both. Every person who is discovered in the act of willfully entering any building or

28-19

enclosure in which are kept or confined any kind of poultry, with intent to steal any of the

28-20

poultry, may be arrested without a warrant by a sheriff, deputy sheriff, constable, guard, police

28-21

officer, or other person and detained in jail or otherwise until a complaint can be made against

28-22

him or her for the offense, and until he or she is taken on a warrant issued upon the complaint, but

28-23

detention without a warrant shall not continue more than twenty-four (24) hours. One-half ( 1/2)

28-24

of any fine imposed under this section shall inure to the complainant.

28-25

     SECTION 31. Section 11-12-9 of the General Laws in Chapter 11-12 entitled "Dueling

28-26

and Fighting" is hereby amended to read as follows:

28-27

     11-12-9. Arrest of fighters. -- Every sheriff, A deputy sheriff, town sergeant, constable

28-28

or police officer shall immediately arrest in any county any person violating any of the provisions

28-29

of sections 11-12-6 -- 11-12-8, and shall detain the person until a warrant can be obtained for his

28-30

or her arrest.

28-31

     SECTION 32. Section 11-14-1 of the General Laws in Chapter 11-14 entitled "False

28-32

Personation" is hereby amended to read as follows:

28-33

     11-14-1. Impersonation of public officer. -- Every person who shall falsely assume or

28-34

pretend to be a judge, justice of the peace, warden, sheriff, deputy sheriff, alderman, member of

29-1

any city or town council, city or town clerk, city sergeant, constable, correctional officer, marshal

29-2

or deputy marshal, or any other officer of any city or town in this state as well as any out-of-state

29-3

police, and shall act as such, shall be imprisoned not exceeding one year or be fined not

29-4

exceeding one thousand dollars ($1,000).

29-5

     SECTION 33. Section 11-17-11 of the General Laws in Chapter 11-17 entitled "Forgery

29-6

and Counterfeiting" is hereby amended to read as follows:

29-7

     11-17-11. Seizure and destruction of counterfeits and counterfeiting devices. --

29-8

Whenever the existence of any false, forged, or counterfeit bank bills or notes, or any plates, dies,

29-9

or other tools, instruments, or implements used by counterfeiters or designed for the forging or

29-10

making of any false or counterfeit notes, coin, or bills, shall come to the knowledge of any

29-11

sheriff, deputy sheriff, constable or police officer in this state, the officers shall immediately seize

29-12

and take possession of it and deliver it into the custody of the superior court for the county in

29-13

which it shall be, and the court shall, as soon as the ends of justice will permit, cause it to be

29-14

destroyed by an officer of the court, which officer shall make a return to the court of his or her

29-15

doings in the premises.

29-16

     SECTION 34. Sections 11-25-20 and 11-25-21 of the General Laws in Chapter 11-25

29-17

entitled "Jails and Prisons" are hereby amended to read as follows:

29-18

     11-25-20. Habeas corpus for production of prisoner. -- Whenever a writ of habeas

29-19

corpus shall issue from either the supreme or superior court for the production and appearance

29-20

before it of a prisoner confined in the adult correctional institutions, the writ shall be delivered to

29-21

the division of sheriffs sheriff of the county where the prisoner shall be required to be produced

29-22

or appear, or to his or her deputy. Whenever the writ is issued from any other court, it shall be

29-23

delivered to the division of sheriffs sheriff of the county, the deputy, or to any town sergeant or

29-24

chief of police or police constable in the sheriff's county, who shall duly present it to the director

29-25

of corrections of the institutions. The director of corrections shall upon receipt of the writ deliver

29-26

the prisoner to the custody of the officer. The officer shall take and receive the prisoner into his or

29-27

her custody, shall duly present the prisoner before the court pursuant to the command of the writ,

29-28

and shall keep and hold the prisoner until by order of the court he or she shall be recommitted to

29-29

the institutions or otherwise disposed of. Upon the delivery of the custody of the prisoner by the

29-30

director of corrections to the officer, the director of corrections shall endorse the delivery upon

29-31

the writ, and the officer shall receipt on the books of the institutions for custody. The officer,

29-32

upon the production of the prisoner in court, shall further endorse that fact on the writ and deliver

29-33

it to the clerk or (if there is no clerk) the presiding justice; but shall, as an officer of the court,

29-34

maintain safe custody of the prisoner until he or she is, by further order, recommitted or

30-1

discharged.

30-2

     11-25-21. Habeas corpus -- Training school for youth. -- Whenever a writ of habeas

30-3

corpus shall issue from either the supreme, superior or family court for the production and

30-4

appearance before it of a prisoner confined in the training school for youth, the writ shall be

30-5

delivered to the division of sheriffs sheriff of the county where the prisoner shall be required to be

30-6

produced or appear, or to the sheriff's deputy. Whenever the writ is issued from any other court, it

30-7

shall be delivered to the division of sheriffs sheriff of the county, the sheriff's deputy, or to any

30-8

town sergeant or chief of police or police constable in the county, who shall duly present it to the

30-9

superintendent of the training school for youth. The superintendent shall upon receipt of the writ

30-10

deliver the prisoner to the custody of the officer. The officer shall take and receive the prisoner

30-11

into his or her custody, shall duly present him or her before the court pursuant to the commands

30-12

of the writ, and shall keep and hold the prisoner until by order of the court the prisoner shall be

30-13

recommitted to the institution or otherwise disposed of. Upon the delivery of the custody of the

30-14

prisoner by the superintendent to the officer, the superintendent shall endorse the delivery upon

30-15

the writ, and the officer shall receipt on the books of the training school for youth for the custody.

30-16

The officer, upon the production of the prisoner in court, shall further endorse that fact on the writ

30-17

and deliver it to the clerk or (if there is no clerk) the presiding justice; but shall, as an officer of

30-18

the court, maintain safe custody of the prisoner until he or she is, by further order, recommitted or

30-19

discharged.

30-20

     SECTION 35. Section 11-28-4 of the General Laws in Chapter 11-28 entitled

30-21

"Malfeasance and Misfeasance in Office" is hereby amended to read as follows:

30-22

     11-28-4. Omission or delay of duty by sheriff, sergeant, or constable. -- Every sheriff,

30-23

A deputy sheriff, town sergeant, city sergeant or constable, who shall receive from any defendant

30-24

or any other person any money or other valuable thing as a consideration, reward, or inducement

30-25

for omitting or delaying to perform any duty pertaining to his or her office, shall be imprisoned

30-26

not exceeding six (6) months or be fined not exceeding five hundred dollars ($500).

30-27

     SECTION 36. Section 11-31-8 of the General Laws in Chapter 11-31 entitled "Obscene

30-28

and Objectionable Publications and Shows" is hereby amended to read as follows:

30-29

     11-31-8. Entry of premises by sheriff or deputies . Entry of premises by deputies --

30-30

The sheriff of any county or any of his deputies Any deputy sheriff, when so directed by him or

30-31

her the director of the department of public safety, may, in the discharge of their duties, enter any

30-32

exhibition, performance, or place mentioned in this chapter or chapter 22 of title 5.

30-33

     SECTION 37. Section 11-32-1 of the General Laws in Chapter 11-32 entitled

30-34

"Obstructing Justice" is hereby amended to read as follows:

31-1

     11-32-1. Obstructing officer in execution of duty. -- Every person who shall obstruct

31-2

any officer, civil, military, or otherwise, including any state, city, or town police, deputy sheriff,

31-3

or fire fighter, while in the execution of his or her office or duty, shall be imprisoned not

31-4

exceeding one year or be fined not exceeding five hundred dollars ($500).

31-5

     SECTION 38. Section 11-37.2-5 of the General Laws in Chapter 11-37.2 entitled "Sexual

31-6

Assault Protective Orders" is hereby amended to read as follows:

31-7

     11-37.2-5. Return of service -- Alternate service. -- (a) The complaint and any order

31-8

issued under this chapter shall be personally served upon the defendant by a sheriff or constable

31-9

except as provided in subsection (c), (d) and (f) of this section. Service shall be made without

31-10

payment of any fee when service is made by a deputy sheriff. At the election of the plaintiff,

31-11

service pursuant to this subsection may also be made by a constable licensed to serve process of

31-12

the district court pursuant to section 45-16-4.1. The constable shall be entitled to receive the fee

31-13

allowed by law for the service of a district court summons.

31-14

      (b) Return of service shall be forwarded by the deputy sheriff or constable to the clerk of

31-15

the court prior to the date set down for hearing on the complaint. If service has not been made, the

31-16

deputy sheriff or constable shall indicate on the summons the reason therefor and the attempts

31-17

made to serve the defendant.

31-18

      (c) At the time the return of service is sent to the clerk of the court, the deputy sheriff or

31-19

constable shall cause a copy of the return of service to be sent to the plaintiff and to the

31-20

appropriate law enforcement agency.

31-21

      (d) If, at the time of hearing on the complaint, the court determines that after diligent

31-22

effort the deputy sheriff or constable has been unable to serve the defendant personally, the judge

31-23

may order an alternate method of service designed to give reasonable notice of the action to the

31-24

defendant and taking into consideration the plaintiff's ability to afford the means of service

31-25

ordered. Alternative service shall include, but not be limited to: service by certified and regular

31-26

mail at defendant's last known address (excluding the residence which he or she has been ordered

31-27

to vacate) or place of employment, leaving copies at the defendant's dwelling or usual place of

31-28

abode with a person of suitable age and discretion residing therein, or by publication in a

31-29

newspaper for two (2) consecutive weeks. The court shall set a new date for hearing on the

31-30

complaint and shall extend the temporary order until that date.

31-31

      (e) If the defendant appears in person before the court, the necessity for further service is

31-32

waived and proof of service of that order is not necessary.

31-33

      (f) If the defendant is served notice regarding the complaint and hearing, but does not

31-34

appear at the hearing, the clerk of the district court shall mail the defendant a copy of the resulting

32-1

order.

32-2

      (g) When service of the temporary order issued pursuant to this section has not been

32-3

made and/or after a permanent order is entered, a police officer shall give notice of the order to

32-4

the defendant by handing him or her a certified copy of the order. The officer shall indicate that

32-5

he or she has given notice by writing on the plaintiff's copy of the order and the police

32-6

department's copy of the order the date and time of giving notice and the officer's name and badge

32-7

number. The officer shall indicate on the offense report that actual notice was given.

32-8

     SECTION 39. Section 11-43-10 of the General Laws in Chapter 11-43 entitled "Treason

32-9

and Related Offenses" is hereby amended to read as follows:

32-10

     11-43-10. Arrest and commitment of persons charged. -- Whenever any person shall

32-11

be adjudged to be probably guilty of any offense under this chapter, he or she may be committed

32-12

to the adult correctional institutions in any county, there to remain until discharged by order of

32-13

law, and warrant of commitment shall issue accordingly, directed to the sheriff or the sheriff 's

32-14

deputy division of sheriffs or to either of the city or town sergeants or constables in the same

32-15

county with himself or herself, and to the warden of the adult correctional institutions, which

32-16

warrant may be executed by the officer charged with it, although beyond his or her precinct, and

32-17

shall constitute him or her, while charged with it, an officer, the obstructing of whom, while in

32-18

the execution of this office, shall be punished as is or may be by law in other cases provided.

32-19

     SECTION 40. Section 11-44-3 of the General Laws in Chapter 11-44 entitled "Trespass

32-20

and Vandalism" is hereby amended to read as follows:

32-21

     11-44-3. Arrest and detention of persons taking fruits and vegetables. -- Every

32-22

sheriff, deputy sheriff, town or city sergeant, constable, or police officer, who shall discover any

32-23

person or persons in the act of taking and carrying away any growing fruit or vegetables as

32-24

prohibited by section 11-44-2, shall arrest that person or persons and detain the person or persons

32-25

in custody until a complaint can be made against him, her, or them for the offense for which he,

32-26

she, or they shall have been arrested and until he, she, or they be taken on a warrant issued upon

32-27

the complaint; provided, that the arrest and detention without a warrant shall not continue longer

32-28

than the space of twenty-four (24) hours.

32-29

     SECTION 41. Sections 11-47-21, 11-47-51 and 11-47-55 of the General Laws in Chapter

32-30

11-47 entitled "Weapons" are hereby amended to read as follows:

32-31

     11-47-21. Restrictions on possession or carrying of explosives or noxious substances.

32-32

-- Any person, except a member of the state police, the sheriff or the sheriff 's deputies division of

32-33

sheriffs, a member of the police force of any city or town, or a member of the Army, Navy, Air

32-34

Force, or Marine Corps of the United States, or of the National Guard or organized reserves when

33-1

on duty, who possesses, or carries on or about his or her person or in a vehicle, a bomb or

33-2

bombshell, except for blasting or other commercial use, or who, with intent to use it unlawfully

33-3

against the person or property of another, possesses or carries any explosive substance, or any

33-4

noxious liquid, gas, or substance, shall be guilty of a violation of this chapter and punished as

33-5

provided in section 11-47-26.

33-6

     11-47-51. Loaded weapons in vehicles. -- It is unlawful for any person to have in his or

33-7

her possession a loaded rifle or loaded shotgun or a rifle or shotgun from the magazine of which

33-8

all shells and cartridges have not been removed in or on any vehicle or conveyance or its

33-9

attachments while upon or along any public highway, road, lane, or trail within this state;

33-10

provided, that the provisions of this section shall not apply to sheriffs, deputy sheriffs, the

33-11

superintendent and members of the state police, prison or jail wardens or their deputies, members

33-12

of the city or town police force, investigators of the department of attorney general appointed

33-13

pursuant to section 42-9-8.1, the director, assistant director and other inspectors and agents at the

33-14

Rhode Island state fugitive task force appointed pursuant to section 12-6-7.2, nor to other duly

33-15

appointed law enforcement officers, including conservation officers, nor to members of the

33-16

Army, Navy, Air force, or Marine Corps of the United States, or the National Guard or organized

33-17

reserves, when on duty, nor to officers or employees of the United States authorized by law to

33-18

carry a concealed firearm, nor to any civilian guard or criminal investigator carrying sidearms or

33-19

a concealed firearm in the performance of his or her official duties under the authority of the

33-20

commanding officer of the military establishment in the state of Rhode Island where he or she is

33-21

employed by the United States.

33-22

     11-47-55. Enforcement of chapter. -- Sheriffs, deputy Deputy sheriffs, the

33-23

superintendent and members of the state police, members of the city or town police force, or other

33-24

duly appointed law enforcement officers, including conservation officers, shall have the power to

33-25

enforce the provisions of this chapter.

33-26

     SECTION 42. Sections 12-5-3 and 12-5-8 of the General Laws in Chapter 12-5 entitled

33-27

"Search Warrants" are hereby amended to read as follows:

33-28

     12-5-3. Issuance and contents. -- (a) A warrant shall issue only upon complaint in

33-29

writing, under oath of:

33-30

      (1) A chief of police, deputy chief of police or other members of the police force of any

33-31

city or town, sheriff, or deputy sheriff of any county, member of the division of state police, full

33-32

time conservation officer of the department of environmental management, or other person

33-33

specifically authorized by law to bring complaints for violation of the law which it is his or her

33-34

responsibility to enforce;

34-1

      (2) Additionally, in the case of property stolen, embezzled, or obtained by fraud or false

34-2

pretenses, any person who has a right to the possession of the property.

34-3

      (b) Within fourteen (14) days of the issuance of any warrant under this chapter, whether

34-4

or not executed, the warrant, accompanied by any supporting affidavits and an inventory of any

34-5

property seized, shall be returned to the district court having jurisdiction over the place of the

34-6

search or, in the event of a warrant that is not executed, the court from which it was issued. The

34-7

returns shall be maintained by the district court according to the date of issuance. If not otherwise

34-8

indicated, the return shall note whether the warrant was executed.

34-9

     12-5-8. Hearing upon seizure of matter alleged to be obscene. -- Whenever any

34-10

sheriff, deputy sheriff, municipal or state police officer, or any other person authorized by law to

34-11

execute a search warrant shall seize any property alleged to be obscene, pursuant to a search

34-12

warrant issued under the provisions of this chapter, the person in whose possession it is found or

34-13

who claims a proprietary interest in it shall be entitled to a hearing before the superior court on

34-14

the question of whether or not the property is obscene within three (3) days of the time a written

34-15

demand is submitted to a judge of the superior court and notice served upon the attorney general,

34-16

or in the case of towns and cities the chief legal officer of the town or city, and if a hearing is

34-17

held, the court shall render a decision on the question within forty-eight (48) hours of the

34-18

conclusion of the hearing. If by the decision the court determines that the matter is not obscene, it

34-19

shall be immediately returned to the person.

34-20

     SECTION 43. Sections 12-6-7 and 12-6-7.1 of the General Laws in Chapter 12-6 entitled

34-21

"Warrants for Arrest" are hereby amended to read as follows:

34-22

     12-6-7. Warrants issued to other divisions. -- Whenever any judge of the district court,

34-23

or any justice of the peace, shall issue his or her warrant against any person charged with an

34-24

offense committed in a division of the district court, and the person so charged shall escape into,

34-25

reside, or be in any other county than the one in which the division is, the judge or justice of the

34-26

peace may direct his or her warrant to each and all sheriffs, deputy sheriffs, city or town

34-27

sergeants, and constables within the state, requiring them to apprehend the person and bring him

34-28

or her before the division of the district court having jurisdiction of the offense, to be dealt with

34-29

according to law; the officers shall obey and execute the warrant, and be protected from

34-30

obstruction and assault in executing the warrant as in service of other process.

34-31

     12-6-7.1. Service of arrest warrants. -- (a) Whenever any judge of any court shall issue

34-32

his or her warrant against any person for failure to appear or comply with a court order, or for

34-33

failure to make payment of a court ordered fine, civil assessment, or order of restitution, the judge

34-34

may direct the warrant to each and all sheriffs and deputy sheriffs, the warrant squad, or any

35-1

peace officer as defined in section 12-7-21, requiring them to apprehend the person and bring him

35-2

or her before the court to be dealt with according to law; and the officers shall obey and execute

35-3

the warrant, and be protected from obstruction and assault in executing the warrant as in service

35-4

of other process. The person apprehended shall, in addition to any other costs incurred by him or

35-5

her, be ordered to pay a fee for service of this warrant in the sum of one hundred twenty-five

35-6

dollars ($125). Twenty-five dollars ($25.00) of the above fee collected as a result of a warrant

35-7

squad arrest shall be divided among the local law enforcement agencies assigned to the warrant

35-8

squad. Any person apprehended on a warrant for failure to appear for a cost review hearing in the

35-9

superior court may be released upon posting with a justice of the peace the full amount due and

35-10

owing in court costs as described in the warrant or bail in an other amount or form that will

35-11

ensure the defendant's appearance in the superior court at an ability to pay hearing, in addition to

35-12

the one hundred twenty-five dollars ($125) warrant assessment fee described above. Any person

35-13

detained as a result of the actions of the justice of the peace in acting upon the superior court cost

35-14

warrant shall be brought before the superior court at its next session. Such monies shall be

35-15

delivered by the justice of the peace to the court issuing the warrant on the next court business

35-16

day.

35-17

      (b) Any person arrested pursuant to a warrant issued by a municipal court may be

35-18

presented to a judge of the district court, or a justice of the peace authorized to issue warrants

35-19

pursuant to section 12-10-2, for release on personal recognizance or bail when the municipal

35-20

court is not in session. The provisions of this section shall apply only to criminal and not civil

35-21

cases pending before the courts.

35-22

      (c) Any person arrested pursuant to a warrant issued hereunder shall:

35-23

      (1) be immediately brought before the court;

35-24

      (2) if the court is not in session then the person shall be brought before the court at its

35-25

next session;

35-26

      (3) be afforded a review hearing on his/her ability to pay within forty-eight (48) hours;

35-27

and

35-28

      (4) if the court is not in session at the time of the arrest, a review hearing on his/her

35-29

ability to pay will be provided at the time for the first court appearance, as set forth in subsection

35-30

(c)(3) of this section.

35-31

     SECTION 44. Section 12-13-2 of the General Laws in Chapter 12-13 entitled "Bail and

35-32

Recognizance" is hereby amended to read as follows:

35-33

     12-13-2. Warrant for apprehension of accused person. -- Any court before which an

35-34

indictment or information shall be found or be pending, and any court before which a complaint

36-1

shall be made or be pending, against any person for an offense of which the court has cognizance,

36-2

may issue a warrant directed to each and all sheriffs, deputy sheriffs, town sergeants, and

36-3

constables within the state requiring them to apprehend the person and bring him or her before the

36-4

court, if the court is in session, or if not, to commit him or her to jail in the county in which the

36-5

indictment, information, or complaint is pending, there to be kept until he or she shall be brought

36-6

before the court, or until he or she shall give recognizance before some person authorized to take

36-7

recognizance for the offense, with sufficient surety or sureties in the sum named in the warrant, if

36-8

any sum is named in the warrant, and, if not, in the sum as the person taking the recognizance

36-9

shall deem reasonable if the offense is bailable, to appear before the court in which the

36-10

indictment, information, or complaint is pending, at the time required by the person so taking the

36-11

recognizance, and to answer the indictment, information, or complaint; provided, that the prisoner

36-12

may give the recognizance while in the custody of the officer before he or she is committed to jail

36-13

before some person authorized to take recognizance for the offense, and upon taking

36-14

recognizance the officer shall discharge the prisoner from his or her custody. The officers to

36-15

whom the warrant shall be directed are required to obey and execute it, and in its execution shall

36-16

be protected from obstruction and assault, as in the service of other process.

36-17

     SECTION 45. Sections 12-19-25 and 12-19-27 of the General Laws in Chapter 12-19

36-18

entitled "Sentence and Execution" are hereby amended to read as follows:

36-19

     12-19-25. Warrant for commitment to institutions. -- Whenever any person shall be

36-20

sentenced to imprisonment, the clerk of the court passing the sentence shall immediately issue a

36-21

warrant, under the seal of the court, directed to the sheriff or the sheriff 's deputy of the county in

36-22

which the court is held the division of sheriffs, reciting the sentence and requiring the sheriff or

36-23

the sheriff 's deputy a deputy sheriff to take the person and deliver to the warden of the adult

36-24

correctional institutions and the warden to receive the person into his or her custody and safely

36-25

keep him or her in the institutions during the term specified in the sentence, and the warrant shall

36-26

constitute the officer charged with it, while he or she has it in his or her possession for service, an

36-27

officer in any county in this state into which it may be necessary for him or her to go, to all

36-28

intents and purposes whatsoever.

36-29

     12-19-27. Commitment to training school for youth. -- Whenever any person shall be

36-30

sentenced to imprisonment in the state training school for youth, the court passing the sentence

36-31

shall immediately issue a warrant, under the seal of the court, directed to the sheriff or the sheriff

36-32

's deputy of the county the division of sheriffs, or to any town sergeant or constable of any county

36-33

in which the court is held, reciting the sentence and requiring the sheriff or deputy a deputy

36-34

sheriff, town sergeant, or constable to take the person so sentenced and deliver him or her to the

37-1

superintendent of the training school, and the warrant shall constitute the officer charged with it,

37-2

while he or she has the warrant in his or her possession for service, an officer in any county in

37-3

this state into which it may be necessary for him to go, to all intents and purposes whatsoever.

37-4

     SECTION 46. Section 12-20-4 of the General Laws in Chapter 12-20 entitled "Costs" is

37-5

hereby amended to read as follows:

37-6

     12-20-4. Sheriff's fees on scire facias. -- The fees chargeable by sheriffs and deputy

37-7

sheriffs for serving writs and executions in scire facias against bail in criminal cases shall be the

37-8

same as provided for similar service of writs and executions in civil cases.

37-9

     SECTION 47. Section 12-21-23 of the General Laws in Chapter 12-21 entitled

37-10

"Recovery of Fines, Penalties, and Forfeitures" is hereby amended to read as follows:

37-11

     12-21-23. Seizure and retention of forfeited property. -- Whenever any personal

37-12

property shall be forfeited for any violation of law, any sheriff, deputy sheriff, town sergeant, or

37-13

constable within his or her precinct, or any person by law authorized to seize the property, may

37-14

take and retain the property until he or she shall deliver it to a proper officer having a warrant to

37-15

take and detain the property.

37-16

     SECTION 48. Section 15-15-4.1 of the General Laws in Chapter 15-15 entitled

37-17

"Domestic Abuse Prevention" is hereby amended to read as follows:

37-18

     15-15-4.1. Return of service/alternate service. -- (a) The complaint and any order

37-19

issued under this chapter shall be personally served upon the defendant by a sheriff member of

37-20

the division of sheriffs except as provided in subsections (c), (d) and (f) of this section. Service

37-21

shall be made without payment of any fee when service is made by a deputy sheriff. At the

37-22

election of the plaintiff, service, pursuant to the subsection, may also be made by a constable

37-23

authorized to serve process of the family court pursuant to section 45-16-4.3. The constable shall

37-24

be entitled to receive the fee allowed by law for the service of a family court summons. Where

37-25

the defendant is a minor, the complaint and any order issued under this chapter shall also be

37-26

personally served upon a parent or guardian of the minor.

37-27

      (b) Return of service shall be forwarded by the deputy sheriff or constable to the clerk of

37-28

court prior to the date set down for a hearing on the complaint. If service has not been made, the

37-29

deputy sheriff or constable shall indicate on the summons the reason and the attempts made to

37-30

serve the defendant.

37-31

      (c) At the time the return of service is sent to the clerk of the court, the deputy sheriff or

37-32

constable shall cause a copy of the return of service to be sent to the plaintiff and to the

37-33

appropriate law enforcement agency.

38-34

      (d) If, at the time of the hearing on the complaint, the court determines that after diligent

38-35

effort the deputy sheriff or constable has been unable to serve the defendant personally, the judge

38-36

may order an alternate method of service designed to give reasonable notice of the action to the

38-37

defendant and taking into consideration the plaintiff's ability to afford the means of service

38-38

ordered. Alternative service shall include, but not be limited to: service by certified and regular

38-39

mail at defendant's last known address (excluding the residence which he or she has been ordered

38-40

to vacate) or place of employment, leaving copies at the defendant's dwelling or usual place of

38-41

abode with a person of suitable age and discretion residing at the defendant's dwelling or usual

38-42

place of abode, or by publication in a newspaper for two (2) consecutive weeks. The court shall

38-43

set a new date for the hearing on the complaint and shall extend the temporary order until that

38-44

date.

38-45

      (e) If the defendant appears in person before the court, the necessity for further service is

38-46

waived and proof of service of that order is not necessary.

38-47

      (f) If the defendant is served notice regarding the complaint and hearing, but does not

38-48

appear at the hearing, the clerk of the family court will mail the defendant a copy of the resulting

38-49

order.

38-50

     SECTION 49. Section 19-26-13 of the General Laws in Chapter 19-26 entitled

38-51

"Pawnbrokers" is hereby amended to read as follows:

38-52

     19-26-13. Search of premises on warrant. -- Whenever complaint shall be made by any

38-53

person, on oath to a judge, that any property belonging to that person has been lodged or pledged

38-54

without his or her consent with any pawnbroker and that the complainant believes the property to

38-55

be in some house or place within the county where the complaint is made, the judge shall, if

38-56

satisfied of the reasonableness of that belief, issue a warrant directed to the sheriff, the sheriff's

38-57

deputy division of sheriffs, or to either of the town sergeants or constables in the county,

38-58

commanding them to search for the property alleged to have been so lodged or pledged and to

38-59

seize and bring the property before the division of the district court. The warrant shall be issued

38-60

and served as search warrants are now by law required to be issued and served.

38-61

     SECTION 50. Section 20-13-8 of the General Laws in Chapter 20-13 entitled "Hunting

38-62

and Hunting Safety" is hereby amended to read as follows:

38-63

     20-13-8. Loaded weapons in vehicles. -- It is unlawful for any person to have in his or

38-64

her possession a loaded rifle or loaded shotgun or a rifle or shotgun from the magazine of which

38-65

all shells and cartridges have not been removed, in or on any vehicle or conveyance or its

38-66

attachments while upon or along any public highway, road, lane, or trail within this state;

38-67

provided, however, that the provisions of this section shall not apply to sheriffs, deputy sheriffs,

38-68

the superintendent and members of the state police, prison or jail wardens or their deputies,

39-1

members of the city or town police force, or other duly appointed law enforcement officers

39-2

including conservation officers and park police, nor to members of the army, navy, air force, and

39-3

marine corps of the United States, the national guard or organized reserves, when on duty, or

39-4

officers or employees of the United States authorized by law to carry a concealed firearm, nor to

39-5

any civilian guard or criminal investigator carrying sidearms or a concealed firearm in the

39-6

performance of his or her official duties under the authority of the commanding officer of the

39-7

military establishment in the state of Rhode Island where he or she is employed by the United

39-8

States.

39-9

     SECTION 51. Section 22-4-1 of the General Laws in Chapter 22-4 entitled "Exemptions

39-10

and Liabilities of Members" is hereby amended to read as follows:

39-11

     22-4-1. Warrants to compel attendance. -- The attendance of senators elect and

39-12

representatives elect, and of senators and representatives, may be compelled by warrant for that

39-13

purpose under the hand of the presiding officer for the time being of the senate or house of

39-14

representatives, as the case may be, directed to any sheriff or deputy sheriff, which warrant may

39-15

be executed by that officer in any county.

39-16

     SECTION 52. Section 22-6-1 of the General Laws in Chapter 22-6 entitled "Committees

39-17

and Staff" is hereby amended to read as follows:

39-18

     22-6-1. Sheriffs and deputies in attendance Deputy sheriffs in attendance. -- The

39-19

number of deputy sheriffs or their deputies who shall attend upon the general assembly, at any

39-20

session of it, shall not exceed three (3) in both chambers, unless by special order of the general

39-21

assembly.

39-22

     SECTION 53. Section 24-12-13 of the General Laws in Chapter 24-12 entitled "Rhode

39-23

Island Turnpike and Bridge Authority" is hereby amended to read as follows:

39-24

     24-12-13. Deposits in court on eminent domain -- Notice to owners -- Agreement as

39-25

to price. -- No sum paid into the court as provided in section 24-12-12 shall be charged with

39-26

clerk's fees of any nature. After the filing of the copy, plat, and statement, notice of the taking of

39-27

the land, or interest therein, shall be served upon the owners of and persons having an estate in

39-28

and interested in the land by the sheriff or the sheriff's deputies of the county in which the land, or

39-29

interest therein, lies a member of the division of sheriffs, leaving a true and attested copy of the

39-30

description and statement with each of the persons personally, or at their last and usual place of

39-31

abode in this state with some person living there, and in case any of the persons are absent from

39-32

this state and have no last and usual place of abode therein occupied by any person, the copy shall

39-33

be left with the persons, if any, in charge of or having possession of the land, or interest therein,

39-34

taken of the absent persons if the same are known to the officer; and after the filing of the

40-1

resolution, plat and statement, the secretary of the authority shall cause a copy of the resolution

40-2

and statement to be published in some newspaper published in the county where the land, or

40-3

interest therein, may be located, at least once a week for three (3) successive weeks. If any person

40-4

shall agree with the authority for the price of the land, or interest therein, so taken, the court upon

40-5

the application of the parties in interest, may order that the sum agreed upon be paid immediately

40-6

from the money deposited, as the just compensation to be awarded in the proceeding.

40-7

     SECTION 54. Section 28-2-8 of the General Laws in Chapter 28-2 entitled "Duty of Law

40-8

Enforcement Officers" is hereby amended to read as follows:

40-9

     28-2-8. Duty of law enforcement officers to seek unemployed persons. -- After the

40-10

issuance of the proclamation in section 28-2-1, it shall be the duty of the sheriffs and deputy

40-11

sheriffs of the respective counties a member of the division of sheriffs and of any other officer,

40-12

state, county, or municipality charged with enforcing the law, to seek and continue to seek

40-13

diligently the names and places of residence of able-bodied male persons within their respective

40-14

jurisdictions between the ages of eighteen (18) and fifty (50) not regularly or continuously

40-15

employed.

40-16

     SECTION 55. Section 28-10-6 of the General Laws in Chapter 28-10 entitled "Labor

40-17

Disputes" is hereby amended to read as follows:

40-18

     28-10-6. "Person" defined. -- Whenever used in sections 28-10-7 and 28-10-8, the word

40-19

"person" means any individual, firm, association, corporation, or law enforcement agency,

40-20

provided, that the word does not include any member of a city or town police department, any

40-21

member of the division of state police, any sheriff or deputy sheriff, or any member of the militia

40-22

of this state while acting in the course of duty and under the direction and order of any superior

40-23

officer.

40-24

     SECTION 56. Sections 28-14-26, 28-14-27 and 28-14-29 of the General Laws in Chapter

40-25

28-14 entitled "Payment of Wages" are hereby amended to read as follows:

40-26

     28-14-26. Service of process. -- Any sheriff or deputy sheriff requested by the director to

40-27

serve summons, writs, complaints, orders, including any garnishment papers and all necessary

40-28

and legal papers, within his or her jurisdiction, shall do so without requiring the director to

40-29

advance the fees or furnish any security or bond.

40-30

     28-14-27. Attachment of property. -- Whenever the director requires the sheriff or a

40-31

deputy sheriff whose duty it is to seize property or levy on property in any attachment

40-32

proceedings to satisfy any wage claim judgment to perform any duty, the officer shall do so

40-33

without requiring the director to furnish any security or bond in the action, and the officer in

40-34

carrying out the provisions of this section shall not be responsible in damages for any wrongful

41-1

seizure made in good faith.

41-2

     28-14-29. Order of payment of fees and claims. -- Out of any recovery on a judgment

41-3

in a suit there shall be paid:

41-4

      (1) First, the garnishee's and witness fees;

41-5

      (2) Second, the wage claims involved;

41-6

      (3) Third, the sheriff's or deputy sheriff's fees; and

41-7

      (4) Fourth, the court costs.

41-8

     SECTION 57. Section 30-1-7 of the General Laws in Chapter 30-1 entitled "Militia" is

41-9

hereby amended to read as follows:

41-10

     30-1-7. Persons exempt. -- The following persons shall be exempt from militia duty:

41-11

      (1) Persons exempt from militia duty by the laws of the United States;

41-12

      (2) Persons who have held the office of governor or lieutenant-governor of the state; and

41-13

      (3) Persons of the following description, so long as they shall remain of the description:

41-14

      (A) The lieutenant-governor;

41-15

      (B) The secretary of state;

41-16

      (C) The attorney general and the assistant attorneys general;

41-17

      (D) The general treasurer;

41-18

      (E) Director of administration;

41-19

      (F) The budget officer and the controller both of the department of administration;

41-20

      (G) The commissioner of the department of education;

41-21

      (H) The members of both houses of the general assembly and the officers of those

41-22

houses;

41-23

      (I) The justices and clerks of courts of record;

41-24

      (J) The recorder of deeds;

41-25

      (K) Sheriffs and deputy Deputy sheriffs;

41-26

      (L) The director of the department of human services;

41-27

      (M) The assistant director of social and rehabilitative services in charge of the

41-28

community services division;

41-29

      (N) Mayors of cities;

41-30

      (O) Members of the city and town councils;

41-31

      (P) City and town clerks;

41-32

      (Q) City and town treasurers;

41-33

      (R) Ministers of the gospel;

42-34

      (S) Practicing physicians;

42-35

      (T) Superintendents, officers and assistants employed in or about any of the state

42-36

hospitals, state infirmaries, state reformatories, state prisons, jails or houses of correction;

42-37

      (U) Keepers of lighthouses;

42-38

      (V) Marine pilots;

42-39

      (W) Seamen actually employed on board of any vessel; and

42-40

      (X) Active members of fire companies who are part of the active fire department of the

42-41

town or city in which they reside, not exceeding twenty (20) persons to any one company, unless

42-42

otherwise provided by special enactment.

42-43

     SECTION 58. Section 30-9-11 of the General Laws in Chapter 30-9 entitled "Military

42-44

Property" is hereby amended to read as follows:

42-45

     30-9-11. Search warrant. -- Any court of the state empowered to issue search warrants,

42-46

on complaint on oath made to it by the adjutant general, by any commissioned officer authorized

42-47

by the adjutant general, or by, any commanding officer of any organization, unit, or separate

42-48

detachment of the national guard, that any arms, ammunition, uniforms, equipment, supplies, or

42-49

other military property of the state or for which the state is responsible is unlawfully being

42-50

withheld by any person within the jurisdiction of the court, and where the military property is

42-51

believed to be in a particular place specified in the complaint, shall issue to any sheriff, deputy

42-52

sheriff, town sergeant, member of any municipal or state police, or constable a warrant in the

42-53

nature of a search warrant, commanding him or her in the name of the state diligently to search

42-54

the house or place described therein, in the daytime and upon the finding of the military property

42-55

the court issuing the warrant shall order the property to be delivered to the officer making the

42-56

complaint.

42-57

     SECTION 59. Section 30-13-126 of the General Laws in Chapter 30-13 entitled "Rhode

42-58

Island Code of Military Justice" is hereby amended to read as follows:

42-59

     30-13-126. Execution of processes and sentences. -- In addition to the officers

42-60

prescribed under the laws and regulations of the United States and in section 30-13-127(b), all

42-61

processes and sentences of the military courts of the state military forces shall be directed to and

42-62

executed by any sheriff or deputy sheriff, town sergeant, constable, member of the state police, or

42-63

member of the police department of any municipality, or any officer or enlisted person of the

42-64

state military forces appointed by the court to serve or execute processes and sentences.

42-65

     SECTION 60. Section 31-1-21 of the General Laws in Chapter 31-1 entitled "Definitions

42-66

and General Code Provisions" is hereby amended to read as follows:

42-67

     31-1-21. Enforcement officers. -- (a) "Police Officer" means every officer authorized to

42-68

direct or regulate traffic or to make arrests for violations of traffic regulations or the administrator

43-1

of the division of motor vehicles and up to five (5) subordinates designated by the administrator

43-2

under the provisions of section 31-2-3.

43-3

      (b) "Proper Officer" means for the purposes of chapters 1 -- 50 of this title, any member

43-4

of the state or municipal police, sheriff or deputy sheriff, city or town sergeant, the administrator

43-5

of the division of motor vehicles, or any subordinate appointed by the administrator of the

43-6

division of motor vehicles under the provisions of section 31-2-3.

43-7

     SECTION 61. Section 32-2-11 of the General Laws in Chapter 32-2 entitled

43-8

"Metropolitan Park District" is hereby amended to read as follows:

43-9

     32-2-11. Powers of park police. -- All full time park policemen assigned to the division

43-10

of enforcement within the department of environmental management, including the chief of the

43-11

division and the chief of the metropolitan park police, shall have and may exercise, on any

43-12

property under the jurisdiction of the department of environmental management, with regard to

43-13

the enforcement of the criminal laws and all rules and regulations of the department of

43-14

environmental management, all the powers of sheriffs, deputy sheriffs, town police officers, and

43-15

constables, provided, however, that when any person is suspected of having committed a felony,

43-16