Chapter 542

2016 -- S 2118 AS AMENDED Enacted 09/26/2016

A N   A C T

RELATING TO TOWNS AND CITIES -- EMERGENCY POLICE POWER

Introduced By: Senator Gayle L. Goldin

Date Introduced: January 21, 2016

It is enacted by the General Assembly as follows:

SECTION 1. Section 45-42-1 of the General Laws in Chapter 45-42 entitled "Emergency

Police Power" is hereby amended to read as follows:

45-42-1. Emergency police power. -- (a) When the police chief of a city or town within

the state, or his or her designee, requests emergency police assistance from another city or town

police department within the state, the officers responding to the request shall be subject to the

authority of the requesting chief and have the same authority, powers, duties, privileges, and

immunities as a duly appointed police officer of the city or town making the request, until the

requesting chief of police discharges and releases the assisting police officers to their own city or

town departments.

(b) Law enforcement officers from out-of-state out of state shall have limited

emergency police powers to transport, guard, and maintain custody of any person who is arrested

out of state, but transported to a Rhode Island medical facility for emergency medical treatment.

Prior to entry into Rhode Island, the out-of-state police department maintaining custody of said

arrested person shall notify the Rhode Island state police of the transport and the site of the

emergency medical treatment. The emergency police powers granted shall cease immediately

upon the expiration of eight (8) hours from the time of notification, or upon a fugitive-from-

justice warrant being executed, whichever shall arise first.

SECTION 2. Chapter 45-42 of the General Laws entitled "Emergency Police Power" is

hereby amended by adding thereto the following section:

45-42-3. Mutual aid; Campus police officer. -- (a) Any public or private educational

institution of higher learning located in this state, with a police or other public safety department

consisting of campus police officers appointed pursuant to chapter 52 of title 16, may enter a

mutual aid agreement with the city or town in which the institution is primarily located, solely for

the purpose of providing emergency assistance in response to specific incidents at the request of

the police chief of the city or town. Officers appointed under this chapter must have satisfactorily

completed a training academy certified by the Police Officer's Commission on Standards and

Training.

(b) The mutual aid agreement will not be effective until formally approved by the city or

town council in which the institution is located, after a public hearing and by the governing body

or office of the institution of higher learning.

(c) The special police officers responding to a request for emergency assistance pursuant

to a duly approved mutual aid agreement shall have the same authority, powers, duties, privileges,

and immunities for jurisdictional purposes as a duly appointed police officer of the city or town

making the request.

(d) The special police officers responding to the request for emergency assistance under

the mutual aid agreement shall be subject to, and considered within, the control and authority of

the requesting chief of police for the duration of the emergency and until released by the

requesting chief of police.

SECTION 3. This act shall take effect upon passage.

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LC003958

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