2021 -- H 5815

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LC001888

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO TOWNS AND CITIES -- EMERGENCY POLICE POWER

     Introduced By: Representatives Hull, McLaughlin, Barros, Perez, and Costantino

     Date Introduced: February 24, 2021

     Referred To: House Municipal Government & Housing

     (University of Rhode Island)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-42-2 of the General Laws in Chapter 45-42 entitled "Emergency

Police Power" is hereby amended to read as follows:

     45-42-2. Nonemergency police power.

     (a) Notwithstanding any law to the contrary, and consistent with the provisions of chapter

40.1 of this title entitled "Interlocal Contracting and Joint Enterprises", where the territories of one

city or town lies adjacent to another city or town, the chiefs of police of the adjacent any city or

town or any police department of a higher education institution may enter into an agreement, which

is subject to approval by each the appropriate city or town council by adoption of a resolution in

support of it or by approval by the president of the higher education institution, by which the chief

may request that the other city of, town or higher education institution police force provide

assistance in a nonemergency situation for all those police services prescribed by law within any

portion of the jurisdiction of the city or town, or campus of the chief granting the authority.

     (b) The officers responding to the request and 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, or higher education institution making the request.

     (c) All wage and disability payments, pension, workers' compensation claims, medical

expenses or other employment benefits will be the responsibility of the employing agency, unless

the requesting agency is reimbursed for those costs from any other source. Each agency shall be

responsible for the negligence of its employees to the extent specified by law.

     (d) A copy of any agreement entered into pursuant to this section shall be provided to the

superintendent of the Rhode Island state police.

     (e) The governor shall have the authority to suspend an agreement entered into pursuant to

this section upon a finding that the suspension is in the interest of public safety.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- EMERGENCY POLICE POWER

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     This act would authorize police departments of a higher education institution to enter into

an agreement with any city or town to provide assistance in a nonemergency situation for police

services.

     This act would take effect upon passage.

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