2019 -- H 5985

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LC002419

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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 COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY -

WRITS, SUMMONS AND PROCESS

     

     Introduced By: Representatives Almeida, Millea, Speakman, McEntee, and Craven

     Date Introduced: April 11, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 9-5-10.1 of the General Laws in Chapter 9-5 entitled "Writs,

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Summons and Process" is hereby amended to read as follows:

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     9-5-10.1. Certification of constables.

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     (a)(1) A person at least twenty-one (21) years of age who complies with the statute and

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the requirements set forth in any regulations promulgated by the department of business

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regulation may file an application with the department requesting that the applicant be certified as

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a constable. Once issued by the department, such certification shall be effective for a period of

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two (2) years or until such approval is withdrawn by the department. Such certified constable

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shall be entitled to serve or execute writs and process in such capacity for any court of the state,

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anywhere in the state, subject to any terms and limitations as set forth by the court, and in such

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number as determined by the chief judge of the district court.

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     (2) A person to be certified as a constable shall provide documentation and evidence

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satisfactory to the department of business regulations that the person possess the specified

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minimum qualifications to include:

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     (i) Sixty (60) hours of earned credit from an accredited college, university, or institution;

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or

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     (ii) Four (4) years of honorable military service; or

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     (iii) Twenty (20) years of honorable service with a local, state, or federal law

 

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enforcement agency; and

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     (iv) United State citizenship; and

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     (v) Possession of a valid motor vehicle operator's license; and

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     (vi) Successful completion of unlawful drug use screening; and

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     (vii) Successful completion of psychological testing approved by the department of

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business regulation.

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     (b) Certification process.

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     (1) Application.

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     (i) Any person seeking certification pursuant to this section shall complete an application

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and submit it to the department of business regulation in the form designated by the department

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for such applications.

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     (ii) The application shall include information determined by the department to be relevant

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to licensure and shall include a national criminal background check.

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     (2) Referral to certified constables' board.

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     (i) Once the applicant has provided a completed application, the department shall refer

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the applicant to the certified constables' board by providing a copy of the application to the board

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and to the chief judge of the district court.

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     (3) Training.

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     (i) Following review of the application, the board shall determine whether the applicant

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should be recommended for training by the board to be conducted by a volunteer training

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constable. If the board determines that training is appropriate, the applicant shall be assigned to a

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training constable who shall be a constable in good standing for a minimum of ten (10) years and

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who is approved by the chief judge of the district court to train prospective constables.

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     (ii) Training shall consist of a minimum of ninety (90) hours to be completed within no

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sooner than ninety (90) days from the date of the referral by the board. The department may

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waive the training requirement of this section for an applicant who has graduated from a certified

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police or law enforcement academy and who has a minimum of twenty (20) years of honorable

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service as a police or law enforcement officer.

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     (iii) Within thirty (30) days from the conclusion of training, a written report shall be

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submitted by the training constable to the board with a copy to the department that reflects the

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dates and times of training and comments on the aptitude of the trainee.

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     (iv) If the board concludes that training is not appropriate or if the report of the training

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constable concludes that the applicant does not have the aptitude to perform the duties of a

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constable, the board shall so inform the department which shall deny the application on that basis.

 

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     (4) Oral and written tests.

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     (i) Upon the successful completion of the training period and recommendation from the

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training constable, within ninety (90) days, the applicant shall complete an oral examination on

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the legal and practical aspects of certified constables' duties that shall be created and administered

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by the board.

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     (ii) Upon the successful completion of the oral examination, within sixty (60) days the

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applicant must complete a written test created by the board and approved by the chief judge of the

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district court that measures the applicant's knowledge of state law and court procedure.

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     (iii) If the board concludes that the applicant has not successfully passed either the oral or

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written test, the board shall so inform the department which shall deny the application on that

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basis.

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     (5) Final review. The department shall review the application, training record, test scores,

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and such other information or documentation as required and shall determine whether the

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applicant shall be approved for certification and the person authorized to serve process in the

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state.

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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 COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY -

WRITS, SUMMONS AND PROCESS

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     This act would provide for minimum qualifications for court constable to include

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education, military, or law enforcement experience and drug and psychological screening.

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     This act would take effect upon passage.

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