2013 -- H 5169

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LC00646

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO TOWNS AND CITIES - STATE AFFAIRS AND GOVERNMENT - LAW

ENFORCEMENT OFFICERS - INJURED AND DECEASED FIREFIGHTERS AND POLICE

     Introduced By: Representatives San Bento, Ucci, Johnston, Hull, and Jacquard

     Date Introduced: January 24, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-28.6-1 of the General Laws in Chapter 42-28.6 entitled "Law

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Enforcement Officers' Bill of Rights" is hereby amended to read as follows:

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     42-28.6-1. Definitions -- Payment of legal fees. -- As used in this chapter, the following

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words have the meanings indicated:

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      (1) "Law enforcement officer" means any permanently employed city or town police

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officer, state police officer, permanent law enforcement officer of the department of

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environmental management, campus police officer appointed by the board of governors for

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higher education, or those employees of the airport corporation of Rhode Island who have been

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granted the authority to arrest by the director of said corporation. However this shall not include

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the chief of police and/or the highest ranking sworn officer of any of the departments including

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the director and deputy director of the airport corporation of Rhode Island.

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      (2) (i) "Hearing committee" means a committee which is authorized to hold a hearing on

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a complaint against a law enforcement officer and which consists of three (3) active or retired law

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enforcement officers from within the state of Rhode Island, other than chiefs of police, who have

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had no part in the investigation or interrogation of the law enforcement officer. The committee

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shall be composed of three (3) members; one member selected by the chief or the highest ranking

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officer of the law enforcement agency, one member selected by the aggrieved law enforcement

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officer and the third member shall be selected by the other two (2) members. In the event that the

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other two (2) members are unable to agree within five (5) days, then either member will make

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application to the presiding justice of the superior court and the presiding justice shall appoint the

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third member who shall be an active law enforcement officer. Upon written application by a

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majority of the hearing committee, the presiding justice, in his or her discretion, may also appoint

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legal counsel to assist the hearing committee.

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      (ii) The law enforcement agency and the law enforcement officer under investigation

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shall each be responsible to pay fifty percent (50%) of the legal fee of the appointed legal counsel

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for the hearing committee; provided, however, that on motion made by either party, the presiding

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justice shall have the authority to make a different disposition as to what each party is required to

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pay toward the appointed legal counsel's legal fee.

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      (3) "Hearing" means any meeting in the course of an investigatory proceeding, other than

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an interrogation at which no testimony is taken under oath, conducted by a hearing committee for

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the purpose of taking or adducing testimony or receiving evidence.

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     SECTION 2. Section 45-19-1 of the General Laws in Chapter 45-19 entitled "Relief of

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

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

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

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

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

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

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their rendering of emergency assistance within the physical boundaries of the state of Rhode

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Island at any occurrence involving the protection or rescue of human life which necessitates that

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they respond in a professional capacity when they would normally be considered by their

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employer to be officially off-duty, the respective city, town, fire district, state of Rhode Island or

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Rhode Island Airport Corporation by which the police officer, fire fighter, crash rescue

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crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall,

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during the period of the incapacity, pay the police officer, fire fighter, crash rescue crewperson,

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fire marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to

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

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marshal, or deputy fire marshal, would be entitled had he or she not been incapacitated, and shall

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pay the medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital

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services, medicines, crutches, and apparatus for the necessary period, except that if any city,

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town, fire district, the state of Rhode Island or Rhode Island Airport Corporation provides the

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

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deputy fire marshal, with insurance coverage for the related treatment, services, or equipment,

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then the city, town, fire district, the state of Rhode Island or Rhode Island Airport Corporation is

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only obligated to pay the difference between the maximum amount allowable under the insurance

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coverage and the actual cost of the treatment, service, or equipment. In addition, the cities, towns,

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fire districts, the state of Rhode Island or Rhode Island Airport Corporation shall pay all similar

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expenses incurred by a member who has been placed on a disability pension and suffers a

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recurrence of the injury or illness that dictated his or her disability retirement, subject to the

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provisions of subsection (j) herein.

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

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

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and any deputy sheriff, member of the fugitive task force, or capitol police officer, permanent

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environmental police officer or criminal investigator of the department of environmental

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management, or airport police officer or campus police officer appointed by the board of

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governors for higher education.

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

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

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

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or district in any city or town.

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

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

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

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

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

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

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23.

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

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

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

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procedures and dispute resolution for all benefits.

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      (g) In order to receive the benefits provided for under this section, a police officer or

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firefighter must prove to their employer that he or she had reasonable grounds to believe that

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there was an emergency which required an immediate need for their assistance for the protection

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or rescue of human life.

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      (h) Any claims to the benefits provided for under this section resulting from the

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rendering of emergency assistance in the state of Rhode Island at any occurrence involving the

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protection or rescue of human life while off-duty, shall first require those covered by this section

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to submit a sworn declaration to their employer attesting to the date, time, place and nature of the

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event involving the protection or rescue of human life causing the professional assistance to be

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rendered and the cause and nature of any injuries sustained in the protection or rescue of human

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life. Sworn declarations shall also be required from any available witness to the alleged

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emergency involving the protection or rescue of human life.

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      (i) All declarations required under this section shall contain the following language:

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      "Under penalty of perjury, I declare and affirm that I have examined this declaration,

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including any accompanying schedules and statements, and that all statements contained herein

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are true and correct."

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      (j) Any person receiving injured on-duty benefits pursuant to this section, and subject to

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the jurisdiction of the state retirement board for accidental retirement disability, for an injury

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occurring on or after July 1, 2011, shall be eligible to receive such benefits for a total period of

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eighteen (18) months after the date of the person's injury that resulted in said person's injured on

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duty status, except as provided for in subdivision 45-19-1(j)(2).

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      (1) Within eighteen (18) months of being injured, the person shall apply for an accidental

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disability retirement allowance from the state retirement board. A person who so applies shall

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continue to receive injured on duty payments until the person's application for an accidental

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disability retirement allowance has been allowed or denied, and if denied initially, then upon the

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expiration of the appeal period from such decision to the workers' compensation court pursuant to

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section 45-21.2-9 of the general laws, or, if appealed, then upon a decision from the workers'

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compensation court denying said appeal, whichever is applicable.

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      (2) If a person with injured on duty status fails to apply for an accidental disability

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retirement allowance from the state retirement board within the eighteen (18) month period set

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forth in this subsection, that person's injured on duty payments shall terminate, unless said person

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provides to the applicable municipality a written opinion from a physician that states that it is the

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physician's opinion, to a reasonable degree of medical certainty, that the person will be able to

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return to work within six (6) months. In such event, the injured person may continue to receive

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injured on duty payments for a period, not to exceed six (6) months, after the initial eighteen (18)

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month period expires.

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     SECTION 3. This act shall take effect upon passage.

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LC00646

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - STATE AFFAIRS AND GOVERNMENT - LAW

ENFORCEMENT OFFICERS - INJURED AND DECEASED FIREFIGHTERS AND POLICE

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     This act would amend the definition of “police officer” or “law enforcement officer” to

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include campus police officers.

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     This act would take effect upon passage.

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LC00646

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