2016 -- S 2842

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LC005019

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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 CRIMINAL PROCEDURE - ARREST

     

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: March 23, 2016

     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 § 42-

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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) Auto theft investigators appointed pursuant to § 31-50-1;

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

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is a graduate of a police-training academy; and

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

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     (23) The inspectors of the public utilities commission and division of motor carriers,

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appointed by the administrator pursuant to §39-1-15.1.

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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 CRIMINAL PROCEDURE - ARREST

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     This act would include inspectors of the public utilities commission and division of motor

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carriers in the definition of peace officers.

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     This act would take effect upon passage.

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