2023 -- H 6200

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LC002560

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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 STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT

OFFICERS' BILL OF RIGHTS

     Introduced By: Representatives Batista, Craven, Knight, Felix, Cruz, Ajello, Potter,
Kislak, Morales, and Alzate

     Date Introduced: March 24, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 42-28.6 of the General Laws entitled "Law Enforcement

Officers’ Bill of Rights" is hereby amended to read as follows:

CHAPTER 42-28.6

Law Enforcement Officers’ Bill of Rights

CHAPTER 42-28.6

LAW ENFORCEMENT OFFICERS' ACCOUNTABILITY ACT

     SECTION 2. Sections 42-28.6-1, 42-28.6-2, 42-28.6-4, 42-28.6-5, 42-28.6-6, 42-28.6-8,

42-28.6-11 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) “Accused law enforcement officer" means a law enforcement officer charged, accused

or notified that the law enforcement officer is or has been suspected or under investigation for a

violation of law or departmental rules or regulations and is subjected to the potential imposition of

employment disciplinary action pursuant to the provisions of § 42-28.6-4, and if employment

disciplinary action is imposed then he or she is entitled to appeal the decision for review by a

hearing committee pursuant to the provisions of §§ 42-28.6-4 through 42-28.6-11.

     (3)(2) “Hearing” means any meeting of the hearing committee conducted pursuant to the

provisions of § 42-28.6-5. 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.

     (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.

     (3)(i) "Hearing committee" means a deliberative body, which is authorized, empowered,

and constituted to act in a quasi-judicial capacity to review and approve, modify, or overturn the

imposition of some employment disciplinary action imposed upon an accused law enforcement

officer by the chief or the highest ranking officer of the law enforcement agency pursuant to the

provisions of § 42-28.6-4. A hearing committee shall consist of five (5) members: one member

selected by the chief or the highest ranking officer of the law enforcement agency, one member

selected by the accused law enforcement officer, one member selected by the executive director of

the Rhode Island center for justice, one member selected by the executive director of the Rhode

Island commission for human rights, and one member selected by the presiding justice of the

superior court, which member shall serve as chairperson of the hearing committee and be

responsible to convene the hearing committee, coordinate the hearing dates and locale, and preside

as chairperson at the hearing; provided, however, that none of the last three (3) mentioned member

selectees shall be active or retired law enforcement officers, or active or former members of any

labor organization ("civilian selectees"). Any of the civilian selectees to the hearing committee shall

immediately disclose to the presiding justice of the superior court any circumstance likely to give

rise to justifiable doubt as to said selectee's impartiality or independence, including any bias,

prejudice, financial, or personal interest in the result or outcome of the hearing. The obligation to

disclose shall remain in effect throughout the hearing. Upon written application by a majority of

the hearing committee, the presiding justice, in their discretion, may also appoint legal counsel to

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assist the hearing committee. Any written application made under this subsection may take the form

of a letter to the presiding justice. When acting in response to any written application made under

this subsection, the presiding justice shall be acting in an administrative role and not exercising

traditional judicial authority of the superior court.

     (ii) The law enforcement agency and the accused 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.

     (1)(4) 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; provided, however, "law

enforcement officer" 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.

     42-28.6-2. Conduct of investigation.

     Whenever a law enforcement officer is under investigation or subjected to interrogation by

a law enforcement agency, for a non-criminal matter which could lead to disciplinary action,

demotion, or dismissal, the investigation or interrogation shall be conducted under the following

conditions:

     (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when

the law enforcement officer is on duty.

     (2) The interrogation shall take place at an office within the department previously

designated for that purpose by the chief of police.

     (3) The accused law enforcement officer under interrogation shall be informed of the name,

rank, and command of the officer in charge of the investigation, the interrogating officer, and all

persons present during the interrogation. All questions directed to the officer under interrogation

shall be asked by and through one interrogator.

     (4) No complaint against a law enforcement officer shall be brought before a hearing

committee unless the complaint be duly sworn to before an official authorized to administer oaths.

     (5) The accused law enforcement officer under investigation shall, prior to any

interrogating interrogation, be informed in writing of the nature of the complaint and of the names

of all complainants investigations.

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     (6) Interrogating Interrogation sessions shall be for reasonable periods and shall be timed

to allow for such personal necessities and rest periods as are reasonably necessary.

     (7) Any law enforcement officer under interrogation shall not be threatened with transfer,

dismissal, or disciplinary action.

     (8) If any law enforcement officer under interrogation is under arrest, or is likely to be

placed under arrest as a result of the interrogation, he or she they shall be completely informed of

all his or her their rights prior to the commencement of the interrogation.

     (9) At the request of any law enforcement officer under interrogation, he or she they shall

have the right to be represented by counsel of his or her their choice who shall be present at all

times during the interrogation. The interrogation shall be suspended for a reasonable time until

representation can be obtained.

     (10) No statute shall abridge nor shall any law enforcement agency adopt any regulation

which prohibits the right of a an accused law enforcement officer to bring suit arising out of his or

her duties as a law enforcement officer.

     (11) No law enforcement agency shall insert any adverse material into any file of the

accused officer unless the accused officer has an opportunity to review and receive a copy of the

material in writing, unless the accused officer waives these rights in writing.

     (12) No public statement shall be made prior to a decision being rendered by the hearing

committee imposing employment disciplinary action pursuant to the provisions of § 42-28.6-4 and

no public statement shall be made if the officer is found innocent unless the accused officer requests

a public statement; provided, however, that this subdivision shall not apply if the accused officer

makes a public statement. The foregoing shall not preclude a law enforcement agency, in a criminal

matter, from releasing information pertaining to criminal charges which have been filed against a

an accused law enforcement officer, the accused officer’s status of employment and the identity of

any administrative charges brought against said the accused officer as a result of said the criminal

charges. This subsection shall not be construed to prohibit the release of any video evidence at any

time.

     (13) No law enforcement officer shall be compelled to speak or testify before, or be

questioned by, any non-governmental agency.

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

committee Imposition of discipline -- Right to 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,

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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. Notwithstanding any law or municipal ordinance

to the contrary, the chief or the highest ranking officer of the department may impose employment

disciplinary action up to and including termination of employment upon a finding that an accused

law enforcement officer has violated the law or engaged in conduct in violation of departmental

rules or regulations.

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

instituted against a an accused 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) Prior to imposing any employment disciplinary action, the chief or the highest ranking

officer of the department shall provide the accused law enforcement officer with written notice

specifying the law, rule, or regulation allegedly violated, a copy of the evidence supporting the

alleged violation of the law, rule, or regulation, and the proposed employment disciplinary action

being contemplated. 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;

     (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 accused law enforcement officer shall be provided a reasonable opportunity and

time period, not less than three (3) days after service of the notice, to respond to the notice. The

response submitted by the accused law enforcement officer may be in writing and may include

exculpatory, explanatory, or mitigating evidence or may include a request to provide an oral

explanation or to submit evidence in-person.

     (d) If the chief or the highest ranking officer of the department, after considering the

response and evidence submitted by the accused law enforcement officer, imposes employment

disciplinary action then the law enforcement agency shall give notice to the accused law

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enforcement officer that they are entitled to an appeal of the decision to impose discipline to a

hearing committee.

     (e) If the accused law enforcement officer requests an opportunity to provide an oral

explanation or submit evidence in-person pursuant to the provisions of subsection (c) of this

section, then the chief or highest ranking officer of the department shall arrange a stenographer to

record verbatim the oral explanation or in-person submission of evidence to be conducted in the

presence of the chief or the highest ranking officer of the department within seven (7) days of

receiving the request from the accused law enforcement officer.

     (c)(f) The accused law enforcement officer shall, within five (5) days of his or her their

receipt of notice given pursuant to subsection (b) herein notice that the accused law enforcement

officer is entitled to an appeal of the decision, file a written request for hearing with the officer

designated in accordance with subdivision (b)(iv) law enforcement agency. Failure to file a written

request for a hearing shall constitute a waiver of his or her their 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)(g) The accused 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 their request for a hearing. Failure by the

law enforcement officer to file his or her their filing committee selection within the time period

shall constitute a waiver of his or her their 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 accused officer. The charging law

enforcement agency may impose the recommended penalty during the pendency of any such

petition.

     (e)(h) The charging law enforcement agency shall provide the accused 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 accused 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 Provided, however, that the presiding justice of the superior court, upon petition and for

good cause shown, and may 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

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

agency shall:

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

jointly make written applications to the executive director of the Rhode Island center for justice,

the executive director of the Rhode Island commission for human rights, and the presiding justice

of the superior court, advising them to make their respective selectins to the hearing committee;

within fifteen (15) calendar days of their respective receipts of said applications.

     (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

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

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), (e) and (f) shall be suspended pending the

adjudication of said criminal charges.

     (k) At all proceedings conducted pursuant to the provisions of this section, the accused law

enforcement officer may be represented by an attorney.

     (l) Nothing contained herein shall be construed to prevent the chief or the highest ranking

officer of the department from immediately imposing employment disciplinary action after

considering the response and evidence submitted by the accused law enforcement officer to include

any in-person submission pursuant to subsection (d) of this section.

     (m) No collective bargaining agreement (CBA) or contract entered into or made effective

on or after July 1, 2023 shall contain any provision modifying, changing or contravening the

provisions of this section. Any provision in a CBA or contract modifying, changing, or

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contravening the provisions of this section contained within a CBA or contract entered into or made

effective on or after July 1, 2023 shall be void as a violation of public policy.

     (n) At any time prior to the imposition of an employment disciplinary action by the chief

or highest ranking officer of the department pursuant to the provisions of this chapter, the accused

law enforcement officer may submit a written offer consenting to a specified employment

disciplinary action to be imposed by the chief or highest ranking officer of the department. The

submission of the written offer consenting to a specified employment disciplinary action, if

accepted by the chief or highest ranking officer of the department, shall constitute a waiver by the

accused law enforcement officer of the right to a hearing before a committee pursuant to § 42-28.6-

5 and a waiver of any applicable right to a claim pursuant to a CBA or contract. Upon acceptance

by the chief or highest ranking officer of the department of the terms of the written offer and upon

imposition of discipline in accordance with the terms of the written offer, any further adverse

employment disciplinary action shall be terminated related to the matter identified in the written

notice provided pursuant to subsection (b) of this section. If the written offer submitted by the

accused law enforcement offer is rejected or not accepted by the chief or the highest ranking law

enforcement officer of the department then the offer shall be null and void, and no evidence that an

offer was made shall be considered and there shall be no reference to the offer in any proceeding,

hearing, or appeal subject to the provisions of this chapter.

     42-28.6-5. Conduct of hearing.

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

the provisions of § 42-28.6-4 of this chapter. Both the law enforcement agency and the accused 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. Upon petition and for good

cause shown, the presiding justice of the superior court may order a committee hearing under this

section to be held in abeyance pending the outcome of any criminal investigation or criminal

charges against an accused law enforcement officer.

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

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

within sixty (60) 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, upon written application, be extended by the presiding justice

of the superior court for good cause shown. Any written application made under this subsection

may take the form of a letter to the presiding justice. When acting in response to any written

application made under this subsection, the presiding justice shall be acting in an administrative

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role and not exercising traditional judicial authority of the superior court.

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

agency shall provide to the accused 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.

     (d) Not less than five (5) days prior to the first hearing date, the accused 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.

     (1) A list of all witnesses, known to the accused law enforcement officer at that time, to be

called by the accused officer to testify at the hearing;

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

the accused officer; and

     (3) A list of all documents and other items to be offered as evidence by the accused officer

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. If the agency or the accused law

enforcement officer fails to comply with the provisions of subsections (c) and (d) of this section,

then, upon the request of the other party, the hearing committee shall examine and balance four (4)

factors in assessing a discretionary sanction, if any:

     (1) The reason for the non-disclosure;

     (2) The extent of prejudice to the opposing party;

     (3) The feasibility of rectifying that prejudice by a continuance; and

     (4) Any other relevant factors.

     The permissible sanctions the hearing committee may impose are: exclusion of a witness

from testifying; exclusion of a witness from testifying about certain matters; and exclusion of

written or recorded statements, documents, or other items from evidence; provided, however, the

hearing committee shall give due deference to serving the interests of justice by imposing such

sanctions rarely and sparingly, permitting evidence to be adduced liberally, absent a compelling

public interest to the contrary.

     42-28.6-6. Evidence at hearing — Hearing record.

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     (a) Evidence which possesses probative value commonly accepted by reasonable and

prudent persons in the conduct of their affairs shall be admissible and shall be given probative

effect. The hearing committee conducting the hearing shall give effect to the rules of privilege

recognized by law, and may exclude incompetent, irrelevant, immaterial, and unduly repetitious

evidence. All records and documents which any party desires to use shall be offered and made part

of the record.

     (b) No statements, documents, or and/or other evidence and no copies of any statements,

documents, or and/or other evidence shall be presented to the hearing committee prior to the

hearing.

     (c) All proceedings before the hearing committee shall be recorded by stenographic record,

the expense of which shall be borne equally by the charging law enforcement agency and the

accused law enforcement officer or the accused officer's labor organization. A copy of the record

shall be provided to the accused law enforcement officer or his or her their attorney or

representative of record upon request.

     42-28.6-8. Witness fees.

     Witness fees and mileage, if claimed, shall be allowed the same as for testimony in the

superior court. Witness fees, mileage, and the actual expenses necessarily incurred in securing

attendance of witnesses and their testimony shall be itemized, and shall be paid by the law

enforcement agency if the accused officer is ultimately found innocent of all charges.

     42-28.6-11. Decisions of hearing committee.

     (a) The hearing committee shall be empowered to sustain, modify in whole or in part, or

reverse the complaint or charges of, by majority vote, the investigating authority, as provided in §

42-28.6-4. imposition of discipline or the severity of the employment disciplinary action imposed

by the law enforcement agency; provided, however, the hearing committee shall give complete

deference to the discipline imposed by the chief of police, and is not empowered to modify it to

any degree or extent, unless it finds, by clear and convincing evidence, that the imposition of

employment disciplinary action, such as demotion, transfer, loss of pay, reassignment, suspension,

or termination was arbitrary and capricious. If the investigation determines that an accused law

enforcement officer willfully committed or engaged in any behavior involving or constituting

excessive force, violence, falsification, or untruthfulness in making or submitting any report,

witness statement, narrative, or other document, theft of any kind, misuse of department equipment,

including deliberate failure to activate body worn cameras, or engaged in a hate crime, or racist or

biased behavior, the chief of police shall terminate the accused law enforcement officer's

employment; and if a hearing committee sustains any charges of committing or engaging in such

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behavior, in addition to termination of employment, the accused law enforcement officer's pension,

retirement, and all other post-employment benefits shall be revoked and divested by the appropriate

pension plan administrator, retirement board, or such other authority having jurisdiction over said

pension, retirement, and all other post-employment benefits.

     (b) Any decision, order, or action taken as a result of the hearing shall be in writing and

shall be accompanied by findings of fact. The findings shall consist of a concise statement upon

each issue in the case. Copies of the decision or order and accompanying findings and conclusions

shall be delivered or mailed promptly to the accused law enforcement officer or to his or her their

attorney or representative of record and to the accused law enforcement agency or to its attorney or

representative of record.

     (c) In any proceeding under this chapter, it shall be the burden of the charging accused law

enforcement agency to prove, by a fair preponderance of the evidence, that the law enforcement

officer is guilty of the offense(s) or violation(s) of which he or she is accused and that the

employment disciplinary action imposed was fair, just, and proportional to the offense and to the

circumstances of the accused law enforcement officer's previous service and conduct.

     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) 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)(b) Unless and until discipline is imposed pursuant to the provisions of § 42-28.6-4, a

suspension Suspension may be imposed by the chief or the highest ranking sworn officer of the law

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

felony matter. Any suspension shall consist of the accused law enforcement officer being relieved

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

receive if he or she they were not suspended. Suspension under this subsection shall not exceed one

hundred eighty (180) days.

     (d)(c) Unless and until discipline is imposed pursuant to the provisions of § 42-28.6-4, a

suspension Suspension may be imposed by the chief or highest ranking sworn officer of the law

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

misdemeanor criminal matter. Any such suspension shall consist of the accused law enforcement

officer being relieved of duty, and he or she they shall receive all ordinary pay and benefits as he

or she would receive if he or she they were not suspended. Suspension under this subsection shall

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not exceed thirty (30) days; provided, however, that if an accused 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 accused law enforcement officer may be suspended without

pay and benefits; provided, however, that the accused 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 accused 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

accused law enforcement officer’s control. In the event the accused law enforcement officer is

acquitted of any misdemeanor related thereto, the officer shall be forthwith reinstated and

reimbursed all salary and benefits that have not been paid during the suspension period, unless the

salary or benefits were the subject of discipline imposed pursuant to the provisions of § 42-28.6-4.

     (e)(d) Unless and until discipline is imposed pursuant to the provisions of § 42-28.6-4, a

suspension Suspension be imposed by the chief or highest ranking sworn officer of the law

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

noncriminal matter. Any such suspension shall consist of the accused law enforcement officer being

relieved of duty, and he or she they shall receive all ordinary pay and benefits as he or she they

would receive if he or she they 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)(e) Unless and until discipline is imposed pursuant to the provisions of § 42-28.6-4, a

suspension Suspension may be imposed by the chief or highest ranking sworn officer of the law

enforcement agency upon receipt of serving notice or disciplinary action in accordance with § 42-

28.6-4(b) of this chapter in which termination or demotion is the recommended punishment

contemplated. Any such suspension shall consist of the accused law enforcement officer being

relieved of duty, and he or she they shall receive all ordinary pay and benefits as he or she they

would receive if he or she were not so suspended.

     (g)(f) Unless and until discipline is imposed pursuant to the provisions of § 42-28.6-4, a

suspension of any accused 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 suspended

without pay and benefits at the discretion of the agency or chief or highest ranking sworn officers;

provided, however, that the accused officer’s entitlement to medical insurance, dental insurance,

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disability insurance, and life insurance as is available to all other officers within the agency shall

not be suspended. In the event that the accused law enforcement officer is acquitted of any felony

related thereto, the accused officer shall be reinstated and reimbursed forthwith for all salary and

benefits that have not been paid during the suspension period; provided, however, that

reinstatement and reimbursement shall not be required if the agency proceeds with employment

disciplinary action with charges, notice, and hearing under the provisions of this chapter.

     (h)(g) Unless and until discipline is imposed pursuant to the provisions of § 42-28.6-4, a

suspension of any accused Any law enforcement officer who is convicted of a felony or

misdemeanor shall, pending the prosecution of an appeal, be suspended without pay and benefits;

provided, however, that the accused 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 accused law enforcement officer shall forthwith be

paid the salary and benefits that would have been paid to him or her them during that period of

suspension; provided, however, that reinstatement and reimbursement shall not be required if the

agency proceeds with employment disciplinary action with charges, notice, and hearing under the

provisions of this chapter.

     (i)(h) Any accused 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.

     SECTION 3. Chapter 42-28.6 of the General Laws entitled "Law Enforcement Officers’

Bill of Rights" is hereby amended by adding thereto the following section:

     42-28.6-18. Title.

     This chapter shall be known and maybe cited as the "Law Enforcement Officers'

Accountability Act."

     SECTION 4. 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

***

     This act would amend the Law Enforcement Officers' Bill of Rights to provide greater

accountability in the disciplinary process over accused law enforcement officers. The act would

provide that upon a finding that an accused law enforcement officer has violated a law or

department of rule or regulation then the chief of police may impose discipline up to and including

termination of employment. The accused police officer may appeal the chief's decision to a five (5)

member hearing committee. The act would further provide that the hearing committee may affirm,

reverse, or modify the chief's decision.

     This act would take effect upon passage.

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