Chapter 519

2007 -- H 5385 AS AMENDED

Enacted 10/30/07

 

A N A C T

RELATING TO CRIMINAL OFFENSES - POLICE OFFICERS

          

     Introduced By: Representatives Jacquard, San Bento, and Gemma

     Date Introduced: February 08, 2007

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 11-47-35 of the General Laws in Chapter 11-47 entitled "Weapons"

is hereby amended to read as follows:

 

     11-47-35. Sale of concealable weapons -- Safety courses and tests -- Review board --

Issuance of permits to certain government officers. -- (a) (1) No person shall deliver a pistol

or revolver to a purchaser until seven (7) days shall have elapsed from twelve o'clock (12:00)

noon of the day following the day of application for the purchase, and when delivered, the pistol

or revolver shall be unloaded and securely wrapped, with the bill of sale to be enclosed within the

wrapper with the pistol or revolver. Any citizen of the United States and/or lawful resident of this

state who is twenty-one (21) years of age or older, and any nonresident member of the armed

forces of the United States who is stationed in this state and who is twenty-one (21) years of age

or older, may upon application purchase or acquire a pistol or revolver. At the time of applying

for the purchase of a concealable firearm, the purchaser shall: (i) complete and sign in triplicate

and deliver to the person selling the pistol or revolver the application form described in this

section, and in no case shall it contain the serial number of the pistol or revolver; and (ii) shall

present to the person selling the pistol or revolver a pistol/revolver safety certificate issued by the

department of environmental management. The certificate shall be retained in the possession of

the buyer. The pistol/revolver safety certificate shall certify that the purchaser has completed a

basic pistol/revolver safety course as shall be administered by the department of environmental

management.

     (Face of application form)

     Application to Purchase Pistol or Revolver

     Date ................................................................... Hour

................................................................. A.M. P.M.

     Name .........................................................................

     Address ......................................................................

     (Street and number) (City or town) (State)

     Date of Birth ................................................ Place of Birth

..............................................................................

     Height ............................................................... Weight

.................................................................. Color hair

..............................................................................

     Color eyes ...................................................................

     Scars ........................................................................

     Tattoos ......................................................................

     Other identifying marks ......................................................

     Are you a citizen of the United States .......................................

     Are you a citizen of Rhode Island ............................................

     How long .....................................................................

     Where stationed ..............................................................

     (Armed Forces only) ..........................................................

     Have you ever been convicted of a crime of violence ..........................

     (See section 11-47-2)

     Have you ever been adjudicated or under confinement as addicted to

     a controlled substance .........................................................

     Have you ever been adjudicated or under confinement for alcoholism ...........

      Have you ever been confined or treated for mental illness ....................

     From whom is pistol or revolver being purchased ..............................

     Seller's address .............................................................

     Seller's signature ...........................................................

     Applicant's signature ........................................................

     (See section 11-47-23 for penalty for false information on this application)

     (Reverse side of application form)

     AFFIDAVIT: I certify that I have read and am familiar with the provisions of sections

11-47-1 - 11-47-55, inclusive, of the general laws of the State of Rhode Island and Providence

Plantations, and that I am aware of the penalties for violation of the provisions of the cited

sections. I further certify that I have completed the required basic pistol/revolver safety course.

Signed ....................................................................... (over)

     County of ....................................................................

     State of Rhode Island

     Subscribed and sworn before me this.... day of.... A.D. 20..

     Notary Public ...................................................................

      (2) The person selling the pistol or revolver shall on the date of application sign and

forward by registered mail or by delivery in person the original and duplicate copies of the

application to the superintendent of the Rhode Island state police or the chief of police in the city

or town in which the person has his or her residence or place of business. The superintendent of

the Rhode Island state police or the chief of police in the city or town in which the person has his

or her residence or place of business shall mark or stamp the original copy of the application form

with the date and the time of receipt and return it by the most expeditious means to the person

who is selling the pistol or revolver. The triplicate copy duly signed by the person who is selling

the pistol or revolver shall within seven (7) days be sent by him or her by registered mail to the

attorney general. The person who is selling the pistol or revolver shall retain the original copy

duly receipted by the police authority to whom sent or delivered for a period of six (6) years with

other records of the sale. It shall be the duty of the police authority to whom the duplicate copy of

the application form is sent or delivered to make a background check of the applicant to ascertain

whether he or she falls under the provisions of section 11-47-5, 11-47-6, 11-47-7, or 11-47-23. If,

after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following

application, no disqualifying information has been received from the investigating police

authority by the person who is selling the pistol or revolver, he or she will deliver the firearm

applied for to the applicant. Upon the finding of no disqualifying information under the

provisions of the above cited sections of this chapter, and in no case later than thirty (30) days

after the date of application, the duplicate and triplicate copies of the application will be

destroyed. Retention of the duplicate and triplicate copies in violation of this section or any

unauthorized use of the information contained in the copies by a person or agency shall be

punishable by a fine of not more than one thousand dollars ($1,000). The provisions of this

section shall not apply to bona fide sales at wholesale to duly licensed retail dealers, nor to

purchases by retail dealers duly licensed under the provisions of section 11-47-39.

     (b) (1) The department of environmental management shall establish the basic

pistol/revolver safety course required by this section. The safety course shall consist of not less

than two (2) hours of instruction in the safe use and handling of pistols and revolvers and the

course shall be available to buyers continually throughout the year at convenient times and places

but at least monthly at locations throughout the state, or more frequently as required. Proficiency

in the use of pistols or revolvers shall not be prerequisite to the issuance of the safety certificate.

No person shall be required to complete the course more than once; provided, that any person

completing the course who is unable to produce the safety certificate issued by the department of

environmental management shall be required to take the course again unless the person provides

evidence to the department that he or she has successfully completed the course.

     (2) The administration of the basic pistol/revolver safety course required by this section

shall not exceed the cost of thirty-five thousand dollars ($35,000) in any fiscal year.

     (c) Proof of passage of the department of environmental management's basic hunter

safety course will be equivalent to the pistol/revolver safety certificate mandated by this section.

(d) Any person who has reason to believe that he or she does not need the required

handgun safety course may apply by any written means to the department of environmental

management to take an objective test on the subject of matter of the handgun safety course. The

test shall be prepared, as well as an instruction manual upon which the test shall be based, by the

department. The manual shall be made available by any means to the applicant who may, within

the time limits for application, take the objective test at the department or at any location where

the handgun safety course is being given. Any person receiving a passing grade on the test shall

be issued a pistol/revolver safety certificate by the department.

     (e) [Deleted by P.L. 2005, ch. 20, section 11 and P.L. 2005, ch. 27, section 11].

     (f) The following persons shall be issued basic pistol/revolver permits by the department

of environmental management: sheriffs, deputy sheriffs, the superintendent and members of the

state police, prison or jail wardens or their deputies, members of the city or town police force,

members of the park police, conservation officers, members of the airport police and officers of

the United States government authorized by law to carry a concealed firearm and, at the

discretion of the department of environmental management, any person who can satisfactorily

establish that he or she formerly held one of these offices or were so authorized.

     (g) Any person who is serving in the Army, Navy, Air Force, Marine Corps or Coast

Guard on active duty shall not be required to obtain a basic pistol/revolver safety certificate or

basic pistol/revolver permit under this section so long as he or she remains on active duty.

     (h) Any person who is serving in the active reserve components of the Army, Navy, Air

Force, Marine Corps or Coast Guard, or any person in an active duty paid status in the Rhode

Island National Guard, shall not be required to obtain a basic pistol/revolver safety certificate

under this section so long as he or she remains in active status.

 

     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" shall mean any permanently employed city or town police

officer, state police officer, or 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. hHowever 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.

      (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. Section 45-19-1 of the General Laws in Chapter 45-19 entitled "Relief of

Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows:

 

     45-19-1. Salary payment during line of duty illness or injury. -- (a) Whenever any

police officer of the Rhode Island Airport Corporation or whenever any police officer, fire

fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal of

any city, town, fire district, or the state of Rhode Island is wholly or partially incapacitated by

reason of injuries received or sickness contracted in the performance of his or her duties, the

respective city, town, or fire district, or state of Rhode Island or Rhode Island Airport Corporation

by which the police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire

marshal, or deputy fire marshal, is employed, shall, during the period of the incapacity, pay the

police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

deputy fire marshal, the salary or wage and benefits to which the police officer, fire fighter, crash

rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, would be

entitled had he or she not been incapacitated, and shall pay the medical, surgical, dental, optical,

or other attendance, or treatment, nurses, and hospital services, medicines, crutches, and

apparatus for the necessary period, except that if any city, town, fire district, or the state of Rhode

Island or Rhode Island Airport Corporation provides the police officer, fire fighter, crash rescue

crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, with insurance

coverage for the related treatment, services, or equipment, then the city, town, fire district, or the

state of Rhode Island or Rhode Island Airport Corporation is only obligated to pay the difference

between the maximum amount allowable under the insurance coverage and the actual cost of the

treatment, service, or equipment. In addition, the cities, towns, fire districts, or the state of Rhode

Island or Rhode Island Airport Corporation shall pay all similar expenses incurred by a member

who has been placed on a disability pension and suffers a recurrence of the injury or illness that

dictated his or her disability retirement.

      (b) As used in this section, "police officer" means and includes any chief or other

member of the police department of any city or town regularly employed at a fixed salary or wage

and any executive high sheriff, sheriff, deputy sheriff, member of the fugitive task force, or

capitol police officer. or airport police officer.

      (c) As used in this section, "fire fighter" means and includes any chief or other member

of the fire department or rescue personnel of any city, town, or fire district, and any person

employed as a member of the fire department of the town of North Smithfield, or fire department

or district in any city or town.

      (d) As used in this section, "crash rescue crewperson" means and includes any chief or

other member of the emergency crash rescue section, division of airports, or department of

transportation of the state of Rhode Island regularly employed at a fixed salary or wage.

      (e) As used in this section, "fire marshal," "chief deputy fire marshal", and "deputy fire

marshal" mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals

regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title

23.

      (f) Any person employed by the state of Rhode Island, except for sworn employees of

the Rhode Island State Police, who is otherwise entitled to the benefits of chapter 19 of this title

shall be subject to the provisions of chapters 29 -- 38 of title 28 for all case management

procedures and dispute resolution for all benefits.

 

     SECTION 4. This act shall take effect upon passage.

     

=======

LC00944

=======