2013 -- S 0662 SUBSTITUTE A

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LC01491/SUB A/2

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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 - DEPARTMENT OF PUBLIC

SAFETY

     Introduced By: Senators McCaffrey, and Walaska

     Date Introduced: March 06, 2013

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-7.3-3.1 of the General Laws in Chapter 42-7.3 entitled

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"Department of Public Safety" is hereby repealed.

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     42-7.3-3.1. Workers' compensation investigations unit -- Powers and duties of

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investigators. -- (a) There is established a workers' compensation investigations unit, the purpose

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of which shall be to prevent and detect fraud, abuse, and mismanagement in the expenditure of

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public funds, relating to any and all state programs and operations by agencies, bureaus,

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divisions, sections, departments, offices, commissions, institutions and activities of the State of

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Rhode Island, including those districts, authorities, or political subdivisions created by the general

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assembly or the governor.

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      (b) The workers' compensation investigations unit shall be under the jurisdiction of the

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commissioner of public safety/superintendent of the state police, and shall consist of a director

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and investigators, who shall be selected and who shall be specially-trained to prevent and

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investigate instances of fraud, abuse, and mismanagement in the expenditure of public funds.

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      (c) The director shall be a member of the Rhode Island state police with at least the rank

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of sergeant, and shall remain on the personnel rolls of the Rhode Island state police, with the

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same salary and benefits schedule, and shall retain all powers of a member of the Rhode Island

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state police of that rank. The director, with the approval of the superintendent, shall have the

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authority to appoint, the investigators and staff of the office.

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      (d) The director and the investigators shall have the following powers:

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      (1) To arrest independently or in conjunction with state or federal law enforcement

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agencies;

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      (2) To apply for and execute search warrants; and

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      (3) To serve civil and criminal process.

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      (e) No person shall be appointed as an investigator in the office unless he or she has

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successfully completed the basic course of instruction for police officers at the Providence Police

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Training Academy, the Rhode Island Municipal Police Training Academy, or the Rhode Island

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State Police Training Academy, and has at least three (3) years of active law enforcement

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experience, or has served as a member of the United States Marshal's Service or as a special agent

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of the Federal Bureau of Investigation, a criminal law enforcement agency of the United States

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Department of Justice, the United States Department of State, the United States Department of the

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Treasury or the United States Postal Inspection Service and has at least three (3) years of active

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law enforcement experience, or has been certified as a police officer by the duly-constituted state

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commission on police officer standards and training of another state, and has at least three (3)

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years of active law enforcement experience. Prior to the appointment of any qualified individual,

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a background examination shall be conducted utilizing federal, state and local law enforcement

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agencies, bureau of criminal identification, national crime information center, and any and all

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relevant records existing within the federal and state court systems.

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      (f) The director and investigators shall be indemnified to the extent provided under

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section 9-31-12 for acts committed within the scope of their employment.

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     SECTION 2. Any staff assigned to the workers' compensation investigations unit within

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the department of public safety at the time of passage of this act shall be transferred to the state

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employees' workers' compensation unit within the department of administration.

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     SECTION 3. 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

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section 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)(20) Auto theft investigators appointed pursuant to section 31-50-1;

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

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investigator is a graduate of a police-training academy; and

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      (23)(22) Rhode Island School of Design police officers.

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     SECTION 4. Section 11-47-9 of the General Laws in Chapter 11-47 entitled "Weapons"

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is hereby amended to read as follows:

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     11-47-9. Persons exempt from restrictions. -- The provisions of section 11-47-8 shall

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not apply to sheriffs, deputy sheriffs, the superintendent and members of the state police,

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members of the Rhode Island airport police department, members of the Rhode Island state

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marshals, Rhode Island state fire marshal, chief deputy state fire marshals, deputy state fire

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marshals assigned to the bomb squad, and those assigned to the investigation unit, correctional

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officers, all within the department of corrections, members of the city or town police force,

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capitol police investigators of the department of attorney general appointed pursuant to section

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42-9-8.1, the witness protection coordinator for the witness protection review board as set forth in

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chapter 30 of title 12 and subject to the minimum qualifications of section 42-9-8.1, the director,

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assistant director, investigators of the department of public safety Workers' Compensation

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Investigations unit pursuant to section 42-7.3-3.1 and automobile theft investigators of the Rhode

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Island state police pursuant to section 31-50-1, railroad police while traveling to and from official

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assignments or while on assignments, conservation officers, or other duly appointed law

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enforcement officers, nor to members of the Army, Navy, Air Force, and Marine Corps of the

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United States, the National Guard, or organized reserves, when on duty, nor to members of

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organizations by law authorized to purchase or receive firearms from the United States or this

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state, provided these members are at or going to or from their places of assembly or target

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practice, nor to officers or employees of the United States authorized by law to carry a concealed

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firearm, nor to any civilian guard or criminal investigator carrying sidearms or a concealed

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firearm in the performance of his or her official duties under the authority of the commanding

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officer of the military establishment in the state of Rhode Island where he or she is employed by

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the United States, nor to any civilian guard carrying sidearms or a concealed firearm in the

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performance of his or her official duties under the authority of the adjutant general where he or

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she is employed guarding a national guard facility, provided, that the commanding officer of the

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military establishment shall have on file with the attorney general of this state a list of the names

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and addresses of all civilian guards and criminal investigators so authorized, nor to duly

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authorized military organizations when on duty, nor to members when at or going to or from their

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customary places of assembly, nor to any individual employed in the capacity of warden,

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associate warden, major, captain, lieutenant, sergeant, correctional officer or investigator at any

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project owned or operated by a municipal detention facility corporation, including the Donald W.

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Wyatt Detention Facility, nor to the regular and/or ordinary transportation of pistols or revolvers

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as merchandise, nor to any person while transporting a pistol, or revolvers, unloaded from the

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place of purchase to their residence, or place of business, from their residence to their place of

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business or from their place of business to their residence, or to a Federal Firearms licensee for

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the purpose of sale, to or from a bona fide gunsmith, or firearms repair facility, to any police

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station or other location designated as a site of a bona fide "gun buy-back" program but only if

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said pistol or revolver is unloaded and any ammunition for said pistol or revolver is not readily or

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directly accessible from the passenger compartment of such vehicle while transporting same and

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further provided that in the case of a vehicle without a compartment separate from the passenger

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compartment the firearm or the ammunition shall be stored in a locked container. Persons

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exempted by the provisions of this section from the provisions of section 11-47-8 shall have the

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right to carry concealed firearms everywhere within this state; provided, that this shall not be

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construed as giving the right to carry concealed firearms to a person transporting firearms as

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merchandise or as household or business goods.

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     SECTION 5. This act shall take effect upon passage.

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LC01491/SUB A/2

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF PUBLIC

SAFETY

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     This act would dissolve the workers’ compensation investigation unit as it relates to the

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Rhode Island State Police and would delete references to the unit in other sections of the general

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laws.

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     This act would take effect upon passage.

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LC01491/SUB A/2

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