2023 -- H 5944

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LC002027

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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 TOWNS AND CITIES -- RELIEF OF INJURED AND DECEASED FIRE

FIGHTERS AND POLICE OFFICERS

     Introduced By: Representatives Craven, and Bennett

     Date Introduced: March 01, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 45-19 of the General Laws entitled "Relief of Injured and Deceased

Fire Fighters and Police Officers" is hereby amended by adding thereto the following section:

     45-19-6.1. Presumption for heart disease and hypertension.

     (a) Notwithstanding the provisions of any general or special law to the contrary, any police

officer, as defined in § 45-19-1, who is unable to perform the duties required thereof because of an

impairment of health caused by heart disease, stroke or hypertension is presumed to have suffered

an in-the-line-of-duty injury/disability, unless the contrary can be proven by clear and convincing

evidence; and the police officer shall be entitled to all benefits provided for in chapters 19, 21, 21.2

and 21.3 of this title.

     (b) This presumption shall not apply to police hired after July 1, 2023 in the following

situations:

     (1) If a physical examination was conducted at the time the police officer was hired and

the examination revealed that person was suffering from heart disease or hypertension; or

     (2) If the police officer had regularly or habitually used tobacco products during the five

(5) years prior to any diagnosis of heart disease or hypertension or suffering a stroke.

     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 TOWNS AND CITIES -- RELIEF OF INJURED AND DECEASED FIRE

FIGHTERS AND POLICE OFFICERS

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     This act would allow a police officer who is unable to perform duties as a result of heart

disease, stroke or hypertension to be presumed to have suffered an in-the-line-of-duty disability,

unless the police officer was hired after July 1, 2023, and there is clear and convincing evidence

that the police officer suffered the condition at the time of hire or regularly used tobacco products

for the five (5) years prior to diagnosis.

     This act would take effect upon passage.

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