2020 -- S 2678

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LC005135

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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 COURTS AND CIVIL PROCEDURE - PROCEDURE GENERALLY -

WRITS, SUMMONS AND PROCESS

     Introduced By: Senators Ciccone, Lombardo, Lombardi, and Nesselbush

     Date Introduced: February 27, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

     9-5-10.1. Certification of constables.

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

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

file an application with the department requesting that the applicant be certified as a constable.

Once issued by the department, such certification shall be effective for a period of two (2) years or

until such approval is withdrawn by the department. Such certified constable shall be entitled to

serve or execute writs and process in such capacity for any court of the state, anywhere in the state,

subject to any terms and limitations as set forth by the court, and in such number as determined by

the chief judge of the district court.

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

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

minimum qualifications to include:

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

or

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

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

agency; and

     (iv) United State citizenship; and

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

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

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

business regulation.

     (b) Certification process.

     (1) Application.

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

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

such applications.

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

to licensure and shall include a national criminal background check.

     (2) Referral to certified constables' board.

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

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

to the chief judge of the district court.

     (3) Training.

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

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

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

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

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

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

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

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

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

a police or law enforcement officer.

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

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

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

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

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

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.

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

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

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

the board.

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

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

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

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

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

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

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

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

     SECTION 2. This act shall take effect upon passage.

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LC005135

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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

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

     This act would take effect upon passage.

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