Courts and Civil Procedure – Procedure Generally

Writs, Summons and Process

SECTION 9-5-10.3

§ 9-5-10.3. Powers and authority of certified constables.

(a) No certified constable shall display any badge, emblem, or certification in the course of his or her duties except that which is issued or authorized by the department of business regulation, nor shall any certified constable misrepresent himself or herself as a law enforcement officer or peace officer.

(b) Certified constables shall have no power or authority other than to serve process and execute writs as provided by this section.

(c) The powers and authority of any constable who is presently approved to serve process by the district court shall continue in full force and effect until such time that his or her application for certification is approved in accordance with the certification process set forth in § 9-5-10.5, but in no event shall such period exceed two (2) years.

(d) No certified constable, while serving or executing any process or writ issued by or returnable to the court, is liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising directly out of his or her negligent serving or executing the process or writ except as provided in § 9-5-10.5. In the event a civil action is brought against a certified constable as the result of the performance of his or her duties, the constable is entitled to recover all costs and attorney's fees incurred by the certified constable incidental to the civil action.

History of Section.
(P.L. 2015, ch. 260, § 9; P.L. 2015, ch. 275, § 9.)