2019 -- H 5335

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LC001294

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

     Introduced By: Representative Alex D. Marszalkowski

     Date Introduced: February 07, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 42-9.4

PUBLIC CORRUPTION AND WHITE COLLAR CRIME UNIT

     42-9.4-1. Legislative Findings.

     The general assembly finds and declares that:

     (1) Government integrity is the backbone of efficient and effective state and municipal

governments.

     (2) Abuse of the public trust erodes the public's confidence in public servants, as well as,

undermines the ability of government to work towards the public good.

     (3) Recent and historical cases of the abuse of public trust have a negative impact on the

operation of state and municipal government and the state's economy.

     (4) All citizens of Rhode Island have the right to open, honest and ethical government.

     (5) The public needs an advocate to ensure that the policy goals and laws established to

protect Rhode Islanders from abuse of the public trust are enforced.

     (6) In order to provide a safeguard against abuses of the public trust by public servants,

the general assembly finds it necessary to establish a public corruption and white collar crime unit

within the department of attorney general.

     42-9.4-2. Definitions.

     As used in this chapter:

     (1) "Abuse of public trust" means any conduct, criminal or unethical in nature, that

deprives the citizens of the state of Rhode Island and its municipalities of a government that

operates in furtherance of the public interest.

     (2) "Public servant" means:

     (i) Any full-time or part-time employee in the classified, nonclassified or unclassified

service of the state or of any city or town within the state, any individuals serving in any

appointed state or municipal position, any employees of any public or quasi-public state or

municipal board, commission or corporation, and any contractual employees of the state or of any

city or town within the state;

     (ii) Any officer or member of a state or municipal agency as defined in § 36-14-2 who is

appointed for a term of office specified by the constitution or a statute of this state or a charter or

ordinance of any city or town or who is appointed by or through the governing body or highest

official of state or municipal government; or

     (iii) Any person holding any elective public office pursuant to a general or special

election.

     42-9.4-3. Establishment.

     There shall be established within the department of attorney general a public corruption

and white collar crime unit. The unit shall consist of at least an assistant or special assistant

attorney general designated by the attorney general. The unit is authorized to perform the

following duties as the attorney general may direct, including, but not limited to:

     (1) Investigate potential cases of abuse of the public trust in accordance with the Rhode

Island general laws;

     (2) Prosecute cases of abuse of the public trust in accordance with the Rhode Island

general laws;

     (3) Cooperate with the United States Attorney's Office, the Federal Bureau of

Investigation, the Rhode Island state police and the Rhode Island ethics commission on

investigations and prosecutions related to the abuse of the public trust; or

     (4) Establish a whistleblower hotline for reports of potential violations regarding abuse of

the public trust.

     42-9.4-4. Whistleblower protections.

     (a) Prohibition against discrimination. No person may discharge, demote, threaten or

otherwise discriminate against any person or employee with respect to compensation, terms,

conditions or privileges of employment as a reprisal because the person or employee, or any

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person acting pursuant to the request of the employee, provided or attempted to provide

information to the attorney general or their designee or other law enforcement entities regarding

possible violations of the Rhode Island general laws by public servants.

     (b) Enforcement. Any person or employee or former employee that believes that they

have been discharged or discriminated against in violation of subsection (a) of this section may

file a civil action within three (3) years of the date of the discharge or discrimination.

     (c) Remedies. If the court determines that a violation has occurred, the court may order

the person who committed the violation to:

     (1) Reinstate the employee to the employee's former position;

     (2) Pay compensatory damages, costs of litigation and attorneys' fees; and/or

     (3) Take other appropriate actions to remedy any past discrimination.

     (d) Limitation. The protections of this section shall not apply to any person or employee

who:

     (1) Deliberately causes or participates in the alleged violation of law or regulation; or

     (2) Knowingly or recklessly provides substantially false information to the attorney

general or their designees.

     42-9.4-5. No derogation of attorney general.

     No provision of this chapter shall derogate from the common law or statutory authority of

the attorney general nor shall any provision be construed as a limitation on the common law or

statutory authority of the attorney general.

     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

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     This act would codify the public corruption and white collar crime unit within the

department of attorney general.

     This act would take effect upon passage.

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