Title 42
State Affairs and Government

Chapter 28.6
Law Enforcement Officers’ Bill of Rights

§ 42-28.6-5. Conduct of hearing. [Effective until January 1, 2025.]

(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.

(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 be extended by the presiding justice of the superior court for good cause shown.

(c) Not less than ten (10) days prior to the 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 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.

(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.

§ 42-28.6-5. Conduct of hearing. [Effective January 1, 2025.]

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

(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 be extended by the chairperson for good cause shown.

(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.

(e) If the charging agency or the accused law enforcement officer fails to comply with the provisions of subsection (c) or (d) of this section, then, upon the request of the other party, the chairperson shall consider the following factors in assessing a discretionary sanction, if any:

(1) The reason for the nondisclosure;

(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.

(f) The permissible sanctions the chairperson may impose pursuant to subsection (e) of this section are: exclusion of a witness from testifying; exclusion of a witness from testifying about certain matters; and/or the exclusion of written or recorded statements, documents, or other items from evidence. The chairperson shall give due deference to serving the public interest and the interest of justice when imposing any such sanctions and shall make findings on the record consistent with the factors enumerated herein.