2013 -- H 5235

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - LAW ENFORCEMENT

OFFICERS' BILL OF RIGHTS

     Introduced By: Representatives Almeida, Canario, and Carnevale

     Date Introduced: January 31, 2013

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-28.6-1 of the General Laws in Chapter 42-28.6 entitled "Law

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Enforcement Officers' Bill of Rights" is hereby amended to read as follows:

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     42-28.6-1. Definitions -- Payment of legal fees. -- As used in this chapter, the following

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words have the meanings indicated:

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      (1) "Law enforcement officer" means any permanently employed city or town police

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officer, state police officer, permanent law enforcement officer of the department of

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environmental management, any campus police officer in the state of Rhode Island, or those

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employees of the airport corporation of Rhode Island who have been granted the authority to

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arrest by the director of said corporation. However this shall not include the chief of police and/or

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the highest ranking sworn officer of any of the departments including the director and deputy

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director of the airport corporation of Rhode Island.

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      (2) (i) "Hearing committee" means a committee which is authorized to hold a hearing on

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a complaint against a law enforcement officer and which consists of three (3) active or retired law

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enforcement officers from within the state of Rhode Island, other than chiefs of police, who have

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had no part in the investigation or interrogation of the law enforcement officer. The committee

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shall be composed of three (3) members; one member selected by the chief or the highest ranking

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officer of the law enforcement agency, one member selected by the aggrieved law enforcement

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officer and the third member shall be selected by the other two (2) members. In the event that the

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other two (2) members are unable to agree within five (5) days, then either member will make

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application to the presiding justice of the superior court and the presiding justice shall appoint the

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third member who shall be an active law enforcement officer. Upon written application by a

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majority of the hearing committee, the presiding justice, in his or her discretion, may also appoint

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legal counsel to assist the hearing committee.

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      (ii) The law enforcement agency and the law enforcement officer under investigation

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shall each be responsible to pay fifty percent (50%) of the legal fee of the appointed legal counsel

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for the hearing committee; provided, however, that on motion made by either party, the presiding

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justice shall have the authority to make a different disposition as to what each party is required to

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pay toward the appointed legal counsel's legal fee.

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      (3) "Hearing" means any meeting in the course of an investigatory proceeding, other than

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an interrogation at which no testimony is taken under oath, conducted by a hearing committee for

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the purpose of taking or adducing testimony or receiving evidence.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - LAW ENFORCEMENT

OFFICERS' BILL OF RIGHTS

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     This act would amend the definition of law enforcement officer to include any campus

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police officer in the state.

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     This act would take effect upon passage.

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