2022 -- H 6651

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LC003589

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT

OFFICERS' BILL OF RIGHTS

     Introduced By: Representatives Noret, and Hull

     Date Introduced: January 06, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-28.6-1, 42-28.6-4, 42-28.6-5 and 42-28.6-13 of the General Laws

in Chapter 42-28.6 entitled "Law Enforcement Officers' Bill of Rights" are 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, 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) five (5) 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) five (5) members; three (3) of whom shall be permanent members

and chosen the Rhode Island Police Chiefs' Association for three (3) year terms, and one of which

will serve as chair of the committee; one member selected by the chief or the highest ranking officer

of the law enforcement agency of which the accused officer is a member, and, 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.

     42-28.6-4. Right to hearing -- Notice request for hearing -- Selection of hearing

committee.

     (a) If the investigation or interrogation of a law enforcement officer results in the

recommendation of some action, such as demotion, transfer, dismissal, loss of pay, reassignment,

or similar action which would be considered a punitive measure, then, before taking such action,

the law enforcement agency shall give notice to the law enforcement officer that he or she is entitled

to a hearing on the issues by a hearing committee. The law enforcement officer may be relieved of

duty subject to § 42-28.6-13 of this chapter, and shall receive all ordinary pay and benefits as he or

she would have if he or she were not charged.

     Disciplinary action for violation(s) of departmental rules and/or regulations shall not be

instituted against a law enforcement officer under this chapter more than three (3) years after such

incident, except where such incident involves a potential criminal offense, in which case

disciplinary action under this chapter may be instituted at any time within the statutory period of

limitations for such offense.

     (b) Notice under this section shall be in writing and shall inform the law enforcement

officer of the following:

     (i) The nature of the charge(s) against him or her and, if known, the date(s) of the alleged

offense(s);

     (ii) The recommended penalty;

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     (iii) The fact that he or she has five (5) days from receipt of the notice within which to

submit a written request for a hearing; and

     (iv) The name and address of the officer to whom a written request for a hearing (and other

related written communications) should be addressed.

     (c) The law enforcement officer shall, within five (5) days of his or her receipt of notice

given pursuant to subsection (b) herein, file a written request for hearing with the officer designated

in accordance with subdivision (b)(iv). Failure to file a written request for a hearing shall constitute

a waiver of his or her right to a hearing under this chapter; provided, however, that the presiding

justice of the superior court, upon petition and for good cause shown, may permit the filing of an

untimely request for hearing.

     (d) The law enforcement officer shall provide the charging law enforcement agency with

the name of one active or retired law enforcement officer to serve on the hearing committee, within

five (5) days of the filing of his or her request for a hearing. Failure by the law enforcement officer

to file his or her filing committee selection within the time period shall constitute a waiver of his

or her right to a hearing under this chapter; provided, however, that the presiding justice of the

superior court, upon petition and for good cause shown, may permit the filing of an untimely

hearing committee selection by the officer. The charging law enforcement agency may impose the

recommended penalty during the pendency of any such petition.

     (e) The charging law enforcement agency shall provide the law enforcement officer with

the name of one active or retired law enforcement officer to serve on the hearing committee, within

five (5) days of its receipt of the officer's request for a hearing. Failure by the charging law

enforcement agency to file its hearing committee selection within that time period shall constitute

a dismissal of all charges against the law enforcement officer, with prejudice; provided, however,

that the presiding justice of the superior court, upon petition and for good cause shown, and permit

the filing of an untimely hearing committee selection by the agency. Except as expressly provided

in § 42-28.6-13 of this chapter, no disciplinary action shall be taken against the officer by virtue of

the stated charges during the pendency of any such petition.

     (f) Within five (5) days of the charging law enforcement agency's selection of a hearing

committee member, the hearing committee members selected by the officer and by the agency

shall:

     (i) Jointly select a third hearing committee member, who shall serve as chairperson of the

hearing committee;

     (ii) Petition the presiding justice of the superior court to select a third hearing committee

member, who shall be an active law enforcement officer, and who shall serve as chairperson of the

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hearing committee; or

     (iii) Agree to an extension of time, not to exceed thirty (30) days, for the selection of a third

hearing committee member.

     (g) Law enforcement officers selected to serve on a hearing committee under this chapter,

including those permanent members, shall be relieved of duty for each day of actual hearing and

shall be compensated by their respective agencies at their ordinary daily rate of pay for each day

actually spent in the conduct of the hearing hereunder.

     (h) Two (2) lists of active police officers available to serve as chairpersons of hearing

committees under this chapter shall be provided annually to the presiding justice of the superior

court. One list shall be provided by the Rhode Island Police Chiefs' Association; the other shall be

appointed, jointly, by the Fraternal Order of Police and the International Brotherhood of Police

Officers. In selecting officers to serve as chairpersons of hearing committees under this chapter,

the presiding justice shall alternate between the two (2) lists so provided.

     (i) Whenever a law enforcement officer faces disciplinary action as a result of criminal

charges, the provisions of subsections (c), (d), and (e) and (f) shall be suspended pending the

adjudication of said criminal charges.

     42-28.6-5. Conduct of hearing.

     (a) The hearing shall be conducted by the hearing committee selected in accordance with

§ 42-28.6-4 of this chapter. Both the law enforcement agency and the law enforcement officer shall

be given ample opportunity to present evidence and argument with respect to the issues involved.

Both may be represented by counsel.

     (b) The hearing shall be convened at the call of the chair; shall commence within thirty

(30) fifteen (15) days after the selection of a chairperson of the hearing committee; and shall be

completed within sixty (60) thirty (30) days of the commencement of the hearing. The hearing

committee shall render a written decision within thirty (30) days after the conclusion of the hearing.

The time limits established in this subsection may be extended by the presiding justice of the

superior court for good cause shown.

     (c) Not less than ten (10) days prior to the hearing date, the charging law enforcement

agency shall provide to the law enforcement officer:

     (i) A list of all witnesses, known to the agency at that time, to be called by the agency to

testify at the hearing;

     (ii) Copies of all written and/or recorded statements by such witnesses in the possession of

the agency; and

     (iii) A list of all documents and other items to be offered as evidence at the hearing.

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     (d) Not less than five (5) days prior to the hearing date, the law enforcement officer shall

provide to the charging law enforcement agency a list of all witnesses, known to the officer at that

time, to be called by the officer to testify at the hearing.

     (e) Failure by either party to comply with the provisions of subsections (c) and (d) of this

section shall result in the exclusion from the record of the hearing of testimony and/or evidence not

timely disclosed in accordance with those subsections.

     42-28.6-13. Suspensions.

     (a) The provisions of this chapter are not intended to prohibit suspensions by the chief or

the highest ranking officer of the law enforcement agency.

     (b) Summary punishment of two (2) five (5) days' suspension without pay may be imposed

for minor violations of departmental rules and regulations. Appeals of suspension under this

subsection shall be subject to the grievance provisions of any applicable collective bargaining

agreement.

     (c) Suspension may be imposed by the chief or the highest ranking sworn officer of the law

enforcement agency when the law enforcement officer is under investigation for a criminal felony

matter. Any suspension shall consist of the law enforcement officer being relieved of duty, and he

or she shall receive all ordinary pay and benefits as he or she would receive if he or she were not

suspended. Suspension under this subsection shall not exceed one hundred eighty (180) days.

     (d) Suspension may be imposed by the chief or highest ranking sworn officer of the law

enforcement agency when the law enforcement officer in under investigation for a misdemeanor

criminal matter. Any such suspension shall consist of the law enforcement officer being relieved

of duty, and he or she shall receive all ordinary pay and benefits as he or she would receive if he or

she were not suspended. Suspension under this subsection shall not exceed thirty (30) days;

provided, however, that if an officer is charged with a misdemeanor offense the chief or highest

ranking sworn officer of the law enforcement agency may continue said suspension with pay up to

a total of one hundred and eighty (180) days. If the disposition of the criminal matter does not take

place within one hundred eighty (180) days of the commencement of such suspension, the law

enforcement officer may be suspended without pay and benefits; provided, however, that the

officer's entitlement to such medical insurance, dental insurance, disability insurance and life

insurance as is available to all other officers within the agency shall not be suspended. The law

enforcement officer may petition the presiding justice of the superior court for a stay of the

suspension without pay, and such stay shall be granted upon a showing that said delay in the

criminal disposition was outside the law enforcement officer's control. In the event the law

enforcement officer is acquitted of any misdemeanor related thereto, the officer shall be forthwith

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reinstated and reimbursed all salary and benefits that have not been paid during the suspension

period.

     (e) Suspension may be imposed by the chief or highest ranking sworn officer of the law

enforcement agency when the law enforcement officer is under investigation for a noncriminal

matter. Any such suspension shall consist of the law enforcement officer being relieved of duty,

and he or she shall receive all ordinary pay and benefits as he or she would receive if he or she were

not suspended. Suspension under this subsection shall not exceed fifteen (15) days or any other

time frame established under the provisions of any applicable collective bargaining agreement.

     (f) Suspension may be imposed by the chief or highest ranking sworn officer of the law

enforcement agency upon receipt of notice or disciplinary action in accordance with § 42-28.6-4(b)

of this chapter in which termination or demotion is the recommended punishment. Any such

suspension shall consist of the law enforcement officer being relieved of duty, and he or she shall

receive all ordinary pay and benefits as he or she would receive if he or she were not so suspended.

     (g) Any law enforcement officer who is charged, indicted or informed against for a felony

or who is convicted of and incarcerated for a misdemeanor may be shall be suspended without pay

and benefits at the discretion of the agency or chief or highest ranking sworn officers; provided,

however, that the officer's entitlement to medical insurance, dental insurance, disability insurance

and life insurance as is available to all other officers within the agency shall not be suspended. In

the event that the law enforcement officer is acquitted of any felony related thereto, the officer shall

be reinstated and reimbursed forthwith for all salary and benefits that have not been paid during the

suspension period.

     (h) Any law enforcement officer who is convicted of a felony shall, pending the prosecution

of an appeal, be suspended without pay and benefits; provided, however, that the officer's

entitlement to such medical insurance, dental insurance, disability insurance and life insurance as

is available to all other officers within the agency shall not be suspended. Whenever, upon appeal,

such conviction is reversed, the suspension under this subsection shall terminate and the law

enforcement officer shall forthwith be paid the salary and benefits that would have been paid to

him or her during that period of suspension.

     (i) Any law enforcement officer who pleads guilty or no contest to a felony charge or whose

conviction of a felony has, after or in the absence of a timely appeal, become final may be dismissed

by the law enforcement agency and, in the event of such dismissal, other provisions of this chapter

shall not apply.

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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 STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT

OFFICERS' BILL OF RIGHTS

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     This act would increase the number of committee members in a law enforcement officers’

bill of rights hearing to five (5), three of whom would be permanent. It would also mandate that

any hearing be commenced within fifteen (15) days of the selection of the committee, allow for

summary punishment of up to five (5) days suspension and would mandate that any officer charged

with a felony or imprisoned on a misdemeanor have their pay suspended while the case is pending.

     This act would take effect upon passage.

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