2020 -- S 2137 | |
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LC003839 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO EDUCATION -- MAINTENANCE OF ORDER ON CAMPUS [SEE TITLE 16 | |
CHAPTER 97 -- THE RHODE ISLAND BOARD OF EDUCATION ACT] | |
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Introduced By: Senators Ciccone, Lombardo, and Lombardi | |
Date Introduced: January 22, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 16-52-2 of the General Laws in Chapter 16-52 entitled |
2 | "Maintenance of Order on Campus [See Title 16 Chapter 97 - The Rhode Island Board of |
3 | Education Act]" is hereby amended to read as follows: |
4 | 16-52-2. Appointment of campus police. |
5 | (a) The board of governors for higher education may appoint one or more persons who |
6 | may act as police officers upon the property and highways of state colleges and universities |
7 | subject to the control of the board. The campus police officers shall protect the property of each |
8 | college or university, suppress nuisances and disturbances and breaches of the peace, and enforce |
9 | laws and regulations for the preservation of good order. They shall have the same powers and |
10 | authority as that conferred upon municipal police officers, including the power to arrest persons |
11 | for violations of state criminal statutes or for violations of city or town ordinances of the city or |
12 | town in which the institution is located. They shall not carry firearms unless expressly authorized |
13 | by the board of governors subject to the training requirements of this section. Additionally, any |
14 | campus police officer observing the violation of any rule or regulation of the board adopted |
15 | pursuant to this chapter, including but not limited to parking and traffic regulations, may issue a |
16 | summons in the manner and form set forth in § 31-27-12 or § 31-41.1-1 returnable to the district |
17 | court, the police court of the city or town where the violation occurs, or the traffic tribunal as |
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1 | provided by law. |
2 | (b) Notwithstanding any other provision of law, all fines and penalties recovered for |
3 | violation of rules and regulations made under authority of this section shall be accounted for by |
4 | the appropriate authority, which shall forward all fines or penalties for nonmoving traffic |
5 | violations to the general treasurer for use by the college or university on whose campus the |
6 | citation or violation was issued in accordance with § 16-32-27. |
7 | (c) Campus police and peace officers shall, prior to October 1, 2020, complete a course of |
8 | firearm instruction as provided by the Rhode Island police officers commission on standards and |
9 | training, with approval of the commissioner of public safety and shall be subject to in service |
10 | training requirements of chapter 28 of title 42, the standardized training requirements of § 42- |
11 | 28.2-8.3, and shall be afforded all rights, duties and responsibility of chapter 28.6 of title 42 ("law |
12 | enforcement officers' bill of rights"). |
13 | (d) The board of education shall adopt rules and regulations for the purposes of |
14 | implementing the provisions of this chapter. |
15 | SECTION 2. Section 42-28.6-1 of the General Laws in Chapter 42-28.6 entitled "Law |
16 | Enforcement Officers' Bill of Rights" is hereby amended to read as follows: |
17 | 42-28.6-1. Definitions -- Payment of legal fees. |
18 | As used in this chapter, the following words have the meanings indicated: |
19 | (1) "Law enforcement officer" means any permanently employed city or town police |
20 | officer, state police officer, permanent law enforcement officer of the department of |
21 | environmental management, campus police officer as set forth in § 16-52-2, or those employees |
22 | of the airport corporation of Rhode Island who have been granted the authority to arrest by the |
23 | director of said corporation. However this shall not include the chief of police and/or the highest |
24 | ranking sworn officer of any of the departments including the director and deputy director of the |
25 | airport corporation of Rhode Island. |
26 | (2)(i) "Hearing committee" means a committee which is authorized to hold a hearing on a |
27 | complaint against a law enforcement officer and which consists of three (3) active or retired law |
28 | enforcement officers from within the state of Rhode Island, other than chiefs of police, who have |
29 | had no part in the investigation or interrogation of the law enforcement officer. The committee |
30 | shall be composed of three (3) members; one member selected by the chief or the highest ranking |
31 | officer of the law enforcement agency, one member selected by the aggrieved law enforcement |
32 | officer and the third member shall be selected by the other two (2) members. In the event that the |
33 | other two (2) members are unable to agree within five (5) days, then either member will make |
34 | application to the presiding justice of the superior court and the presiding justice shall appoint the |
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1 | third member who shall be an active law enforcement officer. Upon written application by a |
2 | majority of the hearing committee, the presiding justice, in his or her discretion, may also appoint |
3 | legal counsel to assist the hearing committee. |
4 | (ii) The law enforcement agency and the law enforcement officer under investigation |
5 | shall each be responsible to pay fifty percent (50%) of the legal fee of the appointed legal counsel |
6 | for the hearing committee; provided, however, that on motion made by either party, the presiding |
7 | justice shall have the authority to make a different disposition as to what each party is required to |
8 | pay toward the appointed legal counsel's legal fee. |
9 | (3) "Hearing" means any meeting in the course of an investigatory proceeding, other than |
10 | an interrogation at which no testimony is taken under oath, conducted by a hearing committee for |
11 | the purpose of taking or adducing testimony or receiving evidence. |
12 | 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 EDUCATION -- MAINTENANCE OF ORDER ON CAMPUS [SEE TITLE 16 | |
CHAPTER 97 -- THE RHODE ISLAND BOARD OF EDUCATION ACT] | |
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1 | This act would mandate arming campus police at public higher educational institutions |
2 | and would include campus police in the definition of "law enforcement officer" for the purposes |
3 | of the "Law Enforcement Officers' Bill of Rights." |
4 | This act would take effect upon passage. |
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