2016 -- S 2118 AS AMENDED

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LC003958

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO TOWNS AND CITIES -- EMERGENCY POLICE POWER

     Introduced By: Senator Gayle L. Goldin

     Date Introduced: January 21, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-42-1 of the General Laws in Chapter 45-42 entitled "Emergency

Police Power" is hereby amended to read as follows:

     45-42-1. Emergency police power. -- (a) When the police chief of a city or town within

the state or his or her designee requests emergency police assistance from another city or town

police department within the state, the officers responding to the request shall be subject to the

authority of the requesting chief and have the same authority, powers, duties, privileges, and

immunities as a duly appointed police officer of the city or town making the request, until the

requesting chief of police discharges and releases the assisting police officers to their own city or

town departments.

      (b) Law enforcement officers from out-of-state shall have limited emergency police

powers to transport, guard and maintain custody of any person who is arrested out of state, but

transported to a Rhode Island medical facility for emergency medical treatment. Prior to entry

into Rhode Island, the out-of-state police department maintaining custody of said arrested person

shall notify the Rhode Island state police of the transport and the site of the emergency medical

treatment. The emergency police powers granted shall cease immediately upon the expiration of

eight (8) hours from the time of notification, or upon a fugitive-from-justice warrant being

executed, whichever shall arise first.

     SECTION 2. Chapter 45-42 of the General Laws entitled "Emergency Police Power" is

hereby amended by adding thereto the following section:

     45-42-3. Mutual aid; Campus police officer. -- (a) Any public or private educational

institution of higher learning located in this state, with a police or other public safety department

consisting of campus police officers appointed pursuant to chapter 52 of title 16, may enter a

mutual aid agreement with the city or town in which the institution is primarily located, solely for

the purpose of providing emergency assistance in response to specific incidents at the request of

the police chief of the city or town. Officers appointed under this chapter must have satisfactorily

completed a training academy certified by the police officer's commission on standards and

training.

     (b) The mutual aid agreement will not be effective until formally approved by the city or

town council in which the institution is located, after a public hearing and by the governing body

or office of the institution of higher learning.

     (c) The special police officers responding to a request for emergency assistance pursuant

to a duly approved mutual aid agreement shall have the same authority, powers, duties, privileges,

and immunities for jurisdictional purposes as a duly appointed police officer of the city or town

making the request.

     (d) The special police officers responding to the request for emergency assistance under

the mutual aid agreement shall be subject to, and considered within, the control and authority of

the requesting chief of police for the duration of the emergency, and until released by the

requesting chief of police.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- EMERGENCY POLICE POWER

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     This act would amend the provisions of the general laws delineating emergency police

powers to include other municipal police officers who would be subject to the authority of the

requesting police chief, and would authorize campus police officers, special police officers, and

municipal police departments to enter into mutual aid agreements which would allow campus

police to respond to requests for assistance within the city or town in which they are located. Any

mutual aid agreements must be approved by the city or town council prior to being executed.

     This act would take effect upon passage.

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