2023 -- S 1059

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LC003056

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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: Senator Dominick J. Ruggerio

     Date Introduced: May 19, 2023

     Referred To: Senate 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, 42-28.6-13, 42-28.6-14 and 42-28.6-15 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

municipal 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 deliberative body, which is authorized, empowered,

and constituted as described herein to act in a quasi-judicial capacity to hear and decide whether a

law enforcement officer deserved discipline and, if so, what the appropriate measure of discipline

is. A hearing committee which is authorized to hold a hearing on a complaint against a law

enforcement officer and which consists of three (3) shall consist of five (5) individuals, including

two (2) whom are 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; one member

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

selected by the aggrieved accused 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., one member who shall be the chair of the Rhode Island commission for

human rights, or designee, one member who shall be the Executive Director of the Rhode Island

Center for Justice or designee, and one member who shall be dean of the Roger Williams University

School of Law, or designee, the last mentioned whom 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 mentioned

three (3) 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 member 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. Such obligation shall remain in effect throughout the hearing. 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. 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 law enforcement officer under investigation, or

his or her labor organization, 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 written

application 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.

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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.

     (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 material to and probative of

whether a law enforcement officer deserves discipline and, if so, what the appropriate discipline is.

     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 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 law enforcement officer under investigation shall, prior to any interrogating, be

informed in writing of the nature of the complaint and of the names of all complainants.

     (6) Interrogating 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 shall be completely informed of all his

or her rights prior to the commencement of the interrogation.

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

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

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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 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 officer

unless the officer has an opportunity to review and receive a copy of the material in writing, unless

the officer waives these rights in writing.

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

committee and no public statement shall be made if the officer is found innocent unless the officer

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

law enforcement officer, the officer’s status of employment and the identity of any administrative

charges brought against said officer as a result of said criminal charges.

     (i) If a law enforcement agency’s imposed discipline is less than termination, then the law

enforcement agency shall make no public statement about any charges against a law enforcement

officer until after a decision is rendered by the hearing committee, and even then, only if that

decision found that the law enforcement officer deserved some form of discipline. The prohibitions

contained herein do not apply to the law enforcement agency’s defending or filing of any civil

action necessary to invoke the superior court’s jurisdiction.

     (ii) If a law enforcement agency’s imposed discipline is termination, then the law

enforcement agency may make a limited public statement indicating that the law enforcement

officer’s termination is sought, that a hearing committee will decide whether such is deserved after

conducting a quasi-judicial hearing, whether and what (if any) criminal charges have been brought

against the law enforcement officer, and that the law enforcement officer has (or has not) been

suspended during the pendency of the hearing. After the hearing committee has decided the charges

against the law enforcement officer, the law enforcement agency may make additional public

statements disclosing the charges, and the hearing committee’s decision, and it may also release

the hearing committee’s decision. The prohibitions contained herein do not apply to the law

enforcement agency’s defending or filing of any civil action necessary to invoke the superior

court’s jurisdiction.

     (iii) In either subsection 12(i) or 12(ii) of this section, if a law enforcement officer makes

a public statement about the charges against him or her, then the law enforcement agency may

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respond with public statements of its own.

     (iv) In a criminal matter, a law enforcement agency may make a public statement indicating

whether and what, if any, criminal charges have been filed against a law enforcement officer, the

officer’s employment status and the identity of any administrative charges brought against the

officer as a result of or related to the criminal charges.

     (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 -- Notice request for hearing --

Selection of hearing committee.

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

recommendation imposition of some employment disciplinary action, such as demotion, transfer,

dismissal, loss of pay, reassignment, suspension, termination, or similar action which would be

considered a punitive measure, then, before after having provided the officer with a pre-deprivation,

Loudermill hearing and 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, appealing such action

before 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 nothing herein shall be construed or implied to limit, impede or deter a

law enforcement agency from reassigning or transferring a law enforcement officer for operational,

performance deficiency or remedial training purposes.

     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 incident(s), event(s) or circumstance(s) warranting such action, except where such the

incident incident(s), event(s) or circumstance(s) involve involves involves a potential criminal

offense, in which case disciplinary action under this chapter may be whether or not charged or

prosecuted, instituted at any time within the statutory period of limitations for such offense

offense(s).

     (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 discipline imposed;

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

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submit a written request for a hearing appealing the imposition of discipline; 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 a hearing appealing the imposition

of discipline 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 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

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

Jointly send written notice to the chair of the Rhode Island commission for human rights, the

Executive Director Rhode Island Center for Justice, and the dean of the Roger Williams University

School of Law requesting them to confirm their participation or make their respective selections to

the hearing committee within fifteen (15) calendar days of their respective receipts of said notice;

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     (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) 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. 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 chapter. Any provision in

a CBA or contract modifying, changing or contravening the provisions of this chapter 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.

     (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.

     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. Upon petition and for good cause shown, the presiding justice

of the superior court may order a hearing under this chapter to be held in abeyance pending the

outcome of any criminal investigation and/or criminal charges against a 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

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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

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 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 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: 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 officer at that time, to be called by the officer to

testify at the hearing;

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

the officer; and

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

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written and/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.

     (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 and/or other evidence and no copies of any statements,

documents 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 officer or his or her labor organization. A copy of the record shall be provided to the law

enforcement officer or his or her 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 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 the investigating authority law enforcement agency, as provided

in § 42-28.6-4; 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 a 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

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police shall terminate said law enforcement officer's employment; and if a hearing committee

sustains any charges of committing or engaging in such behavior, in addition to termination of

employment, the 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 law enforcement officer or to his or her attorney or

representative of record and to the 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 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.

     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.

Discipline of one to up to fifteen (15) days’ suspension without pay may be imposed upon a law

enforcement officer for any violation(s) of departmental rules and regulations, and is not subject to

this chapter’s provisions pertaining to the filing of a civil action, notice, and hearings before a

hearing committee. However, suspensions under this subsection may be subject to the grievance

and arbitration provisions of any applicable collective bargaining agreement if it expressly allows

for such; provided however, that an arbitrator shall give complete deference to the suspension

imposed by the chief of police, and is not empowered to modify it to any degree or extent, unless

he or she finds, by clear and convincing evidence, that the imposition of said suspension was

arbitrary and capricious.

     (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

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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 without

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 continue to 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

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) calendar days;

provided however, that such a suspension may be extended for ten (10) calendar days should

additional time be reasonably necessary to complete such an investigation 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 suspended without pay and

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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; 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) 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 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; 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) 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.

     42-28.6-14. Retaliation for exercising rights Retaliation for exercising rights or denial

of rights.

     (a) No law enforcement officer shall be discharged, demoted, disciplined, or denied

promotion, transfer or reassignment, or otherwise discriminated against in regard to his or her

employment or be threatened with any such treatment, by reason of his or her exercise of or demand

for rights granted in this subtitle, or by reason of the lawful exercise of his or her constitutional

rights.

     (b) Any law enforcement officer who is denied any right afforded by this subtitle may

apply, either individually or through his or her certified or recognized employee organization, to

the superior court where he or she resides or is regularly employed for any order directing the law

enforcement agency to show cause why the right should not be afforded.

     42-28.6-15. Exclusivity of remedy Exclusivity of remedy -- Retention of discipline

records and reporting of same.

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     The remedies contained herein shall be the sole and exclusive remedies for all law

enforcement officers subject to the provisions of this chapter. A law enforcement agency shall

retain all records of an officer’s disciplinary history, including, but not limited to, oral and written

reprimands, up to and including all records of suspension(s) and termination. A law enforcement

agency shall fully comply with any reporting obligations imposed by federal law to report and

document a law enforcement officer’s misconduct. No provision or section in this chapter shall be

construed or applied to conflict with or impede any such reporting obligations.

     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 as the "Law Enforcement Officers' Accountability Act."

     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 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 law enforcement. The hearing committee will be

comprised of five (5) members. The members are the chair of the Rhode Island commission for

human rights or designee, the Executive Director of the Rhode Island Center for Justice or designee,

dean of the Roger Williams University School of Law, or designee, a member selected by the chief

of police and a member selected by the accused officer.

     This act would take effect upon passage.

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LC003056

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LC003056 - Page 14 of 14