2023 -- H 5299

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LC000815

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO EDUCATION -- MAINTENANCE OF ORDER ON CAMPUS

     Introduced By: Representatives O'Brien, Dawson, Shanley, Hull, Vella-Wilkinson,
Craven, Corvese, Azzinaro, Cardillo, and Solomon

     Date Introduced: February 01, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-52-2 of the General Laws in Chapter 16-52 entitled "Maintenance

of Order on Campus [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is

hereby amended to read as follows:

     16-52-2. Appointment of campus police.

     (a) The board of governors for higher education may appoint one or more persons who may

act as police officers upon the property and highways of state colleges and universities subject to

the control of the board. The campus police officers shall protect the property of each college or

university, suppress nuisances and disturbances and breaches of the peace, and enforce laws and

regulations for the preservation of good order. They shall have the same powers and authority as

that conferred upon municipal police officers, including the power to arrest persons for violations

of state criminal statutes or for violations of city or town ordinances of the city or town in which

the institution is located. They shall not carry firearms unless expressly authorized by the board of

governors subject to the training requirements of this section. Additionally, any campus police

officer observing the violation of any rule or regulation of the board adopted pursuant to this

chapter, including but not limited to parking and traffic regulations, may issue a summons in the

manner and form set forth in § 31-27-12 or § 31-41.1-1 returnable to the district court, the police

court of the city or town where the violation occurs, or the traffic tribunal as provided by law.

     (b) Notwithstanding any other provision of law, all fines and penalties recovered for

violation of rules and regulations made under authority of this section shall be accounted for by the

appropriate authority, which shall forward all fines or penalties for nonmoving traffic violations to

the general treasurer for use by the college or university on whose campus the citation or violation

was issued in accordance with § 16-32-27.

     (c) Campus police and peace officers shall, prior to October 1, 2023, complete a course of

firearm instruction as provided by the Rhode Island police officers commission on standards and

training, with approval of the commissioner of public safety and shall be subject to in service

training requirements of chapter 28 of title 42, the standardized training requirements of § 42-28.2-

8.3, and shall be afforded all rights, duties and responsibility of chapter 28.6 of title 42 ("law

enforcement officers' bill of rights").

     (d) The board of education shall adopt rules and regulations for the purposes of

implementing the provisions of this chapter.

     SECTION 2. Section 42-28.6-1 of the General Laws in Chapter 42-28.6 entitled "Law

Enforcement Officers’ Bill of Rights" is 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, campus police officer as set forth in § 16-52-2, 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) 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) members; one member selected by the chief or the highest ranking officer

of the law enforcement agency, 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.

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     (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.

     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

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     This act would mandate arming campus police at public higher educational institutions and

would include campus police in the definition of "law enforcement officer" for the purposes of the

"Law Enforcement Officers' Bill of Rights."

     This act would take effect upon passage.

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