2019 -- H 5138

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LC000368

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO EDUCATION -- MAINTENANCE OF ORDER ON CAMPUS [SEE TITLE 16

CHAPTER 97 - THE RHODE ISLAND BOARD OF EDUCATION ACT]

     Introduced By: Representatives O'Brien, Ucci, Amore, Millea, and Craven

     Date Introduced: January 17, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-52-2 of the General Laws in Chapter 16-52 entitled

"Maintenance of Order on Campus [See Title 16 Chapter 97 - The Rhode Island Board of

Education Act]" is hereby amended to read as follows:

     16-52-2. Appointment of campus police.

     (a) The board of governors for higher education may appoint one or more persons who

may act as police officers upon the property and highways of state colleges and universities

subject to the control of the board. The campus police officers shall protect the property of each

college or university, suppress nuisances and disturbances and breaches of the peace, and enforce

laws and regulations for the preservation of good order. They shall have the same powers and

authority as that conferred upon municipal police officers, including the power to arrest persons

for violations of state criminal statutes or for violations of city or town ordinances of the city or

town in which the institution is located. They shall not carry firearms unless expressly authorized

by the board of governors subject to the training requirements of this section. Additionally, any

campus police officer observing the violation of any rule or regulation of the board adopted

pursuant to this chapter, including but not limited to parking and traffic regulations, may issue a

summons in the manner and form set forth in § 31-27-12 or § 31-41.1-1 returnable to the district

court, the police court of the city or town where the violation occurs, or the traffic tribunal as

provided by law.

     (b) Notwithstanding any other provision of law, all fines and penalties recovered for

violation of rules and regulations made under authority of this section shall be accounted for by

the appropriate authority, which shall forward all fines or penalties for nonmoving traffic

violations to the general treasurer for use by the college or university on whose campus the

citation or violation was issued in accordance with § 16-32-27.

     (c) Campus police and peace officers shall, prior to October 1, 2019, complete a course of

firearm instruction as provided by the Rhode Island police officers commission on standards and

training, with approval of the commissioner of public safety and shall be subject to in service

training requirements of chapter 28 of title 42, the standardized training requirements of § 42-

28.2-8.3, and shall be afforded all rights, duties and responsibility of chapter 28.6 of title 42 (

"law enforcement officers' bill of rights").

     (d) The board of education shall adopt rules and regulations for the purposes of

implementing the provisions of this chapter.

     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" means any permanently employed city or town police

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

environmental management, campus police officer as set forth in § 16-52-2, or those employees

of the airport corporation of Rhode Island who have been granted the authority to arrest by the

director of said corporation. However 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

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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. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- MAINTENANCE OF ORDER ON CAMPUS [SEE TITLE 16

CHAPTER 97 - THE RHODE ISLAND BOARD OF EDUCATION ACT]

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     This act would mandate arming campus police at public higher educational institutions

and would include campus police in the definition of "law enforcement officer" for the purposes

of the "Law Enforcement Officers' Bill of Rights."

     This act would take effect upon passage.

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