2013 -- S 0290

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LC00727

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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 CRIMINAL PROCEDURE - ARREST

     Introduced By: Senator P Fogarty

     Date Introduced: February 12, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-7-21 of the General Laws in Chapter 12-7 entitled "Arrest" is

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hereby amended to read as follows:

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     12-7-21. "Peace officer" defined. -- "Peace officer", as used within this chapter, means

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the following individuals or members of:

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     (1) Rhode Island state police;

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     (2) Any member of a municipal or local police department;

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     (3) Rhode Island airport corporation police;

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     (4) Rhode Island park police;

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     (5) Rhode Island capitol police;

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     (6) Rhode Island conservation officers;

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     (7) Rhode Island department of environmental management officers;

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     (8) Rhode Island fire marshals;

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     (9) Brown University police officers;

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     (10) University of Rhode Island campus police officers;

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     (11) Rhode Island College campus security;

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     (12) Campus security at the Community College of Rhode Island;

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     (13) Rhode Island sheriff's department;

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     (14) The investigators of the department of attorney general appointed pursuant to section

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42-9-8.1;

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     (15) Any federal law enforcement officer;

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     (16) Correctional investigators and correctional officers of the Rhode Island department

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of corrections;

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     (17) The witness protection coordinator of the department of attorney general;

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     (18) The warden, associate wardens, majors, captains, lieutenants, sergeants, correctional

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officers and investigators employed by a project operated by a municipal detention facility

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corporation, including, but not limited to, the Donald W. Wyatt Detention Facility; provided, such

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parties listed in this subsection (18) herein shall be deemed to be peace officers while in

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performance of their duties for the municipal detention facility only, and shall not be deemed to

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be peace officers at any time when they are not in performance of said duties;

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     (19) Retired non-permanent sworn members of any municipal police department shall be

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deemed to be peace officers only while in the performance of their duties for any municipal

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police department, and shall be permitted to carry their firearm while in the performance of their

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duties for the municipal police department, and shall be subject to in-service training

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requirements of title 42, chapter 28;

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     (20) Workers' Compensation investigators of the department of public safety appointed

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pursuant to section 42-7.3-3.1;

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     (21) Auto theft investigators appointed pursuant to section 31-50-1;

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     (22) Providence fire department arson investigators; provided, that the arson investigator

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is a graduate of a police-training academy;

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     (23) Rhode Island School of Design police officers. ; and

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     (24) Juvenile program workers and shift coordinators of the Rhode Island department of

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children, youth, and families.

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     SECTION 2. This act shall take effect upon passage.

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LC00727

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE - ARREST

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     This act would add juvenile program workers and shift coordinators of the department of

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children, youth, and families to the definition of peace officer.

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     This act would take effect upon passage.

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LC00727

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