2016 -- S 2118 AS AMENDED

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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:

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

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Police Power" is hereby amended to read as follows:

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

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

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

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

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

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

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town departments.

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

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

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

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

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

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

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

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executed, whichever shall arise first.

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

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hereby amended by adding thereto the following section:

 

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

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

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

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

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

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

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

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training.

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

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

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or office of the institution of higher learning.

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

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

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

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making the request.

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

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

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

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requesting chief of police.

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     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

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

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

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

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

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

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     This act would take effect upon passage.

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