2018 -- H 7864

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LC005054

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT

OFFICERS' BILL OF RIGHTS

     Introduced By: Representative Michael Morin

     Date Introduced: February 28, 2018

     Referred To: House Judiciary

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-28.6-1 of the General Laws in Chapter 42-28.6 entitled "Law

Enforcement Officers' Bill of Rights" is hereby amended to read as follows:

     42-28.6-1. Definitions -- Payment of legal fees.

     As used in this chapter, the following words have the meanings indicated:

     (1) "Law enforcement officer" means any permanently employed city or town police

officer, state police officer, permanent law enforcement officer of the department of

environmental management, sworn law enforcement members of the state fire marshal's office or

those employees of the airport corporation of Rhode Island who have been granted the authority

to arrest by the director of said corporation. However this shall not include the chief of police

and/or the highest ranking sworn officer of any of the departments including the director and

deputy director of the airport corporation of Rhode Island.

     (2) (i) "Hearing committee" means a committee which is authorized to hold a hearing on

a complaint against a law enforcement officer and which consists of three (3) active or retired law

enforcement officers from within the state of Rhode Island, other than chiefs of police, who have

had no part in the investigation or interrogation of the law enforcement officer. The committee

shall be composed of three (3) members; one member selected by the chief or the highest ranking

officer of the law enforcement agency, one member selected by the aggrieved law enforcement

officer and the third member shall be selected by the other two (2) members. In the event that the

other two (2) members are unable to agree within five (5) days, then either member will make

application to the presiding justice of the superior court and the presiding justice shall appoint the

third member who shall be an active law enforcement officer. Upon written application by a

majority of the hearing committee, the presiding justice, in his or her discretion, may also appoint

legal counsel to assist the hearing committee.

     (ii) The law enforcement agency and the law enforcement officer under investigation

shall each be responsible to pay fifty percent (50%) of the legal fee of the appointed legal counsel

for the hearing committee; provided, however, that on motion made by either party, the presiding

justice shall have the authority to make a different disposition as to what each party is required to

pay toward the appointed legal counsel's legal fee.

     (3) "Hearing" means any meeting in the course of an investigatory proceeding, other than

an interrogation at which no testimony is taken under oath, conducted by a hearing committee for

the purpose of taking or adducing testimony or receiving evidence.

     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 STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT

OFFICERS' BILL OF RIGHTS

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     This act would provide that sworn law enforcement members of the state fire marshal's

office be subject to the state law enforcement officers' bill of rights.

     This act would take effect upon passage.

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