2022 -- H 6651

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LC003589

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT

OFFICERS' BILL OF RIGHTS

     

     Introduced By: Representatives Noret, and Hull

     Date Introduced: January 06, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 42-28.6-1, 42-28.6-4, 42-28.6-5 and 42-28.6-13 of the General Laws

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in Chapter 42-28.6 entitled "Law Enforcement Officers' Bill of Rights" are hereby amended to read

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as follows:

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     42-28.6-1. Definitions -- Payment of legal fees.

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     As used in this chapter, the following 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 environmental

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management, or those employees of the airport corporation of Rhode Island who have been granted

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

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

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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 a

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complaint against a law enforcement officer and which consists of three (3) five (5) active or retired

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

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have 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) five (5) members; three (3) of whom shall be permanent members

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and chosen the Rhode Island Police Chiefs' Association for three (3) year terms, and one of which

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will serve as chair of the committee; one member selected by the chief or the highest ranking officer

 

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of the law enforcement agency of which the accused officer is a member, and, one member selected

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by the aggrieved law enforcement officer and the third member shall be selected by the other two

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(2) members. In the event that the other two (2) members are unable to agree within five (5) days,

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then either member will make application to the presiding justice of the superior court and the

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presiding justice shall appoint the third member who shall be an active law enforcement officer.

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Upon written application by a majority of the hearing committee, the presiding justice, in his or her

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discretion, may also appoint legal counsel to assist the hearing committee.

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

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

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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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     42-28.6-4. Right to hearing -- Notice request for hearing -- Selection of hearing

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committee.

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     (a) If the investigation or interrogation of a law enforcement officer results in the

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recommendation of some action, such as demotion, transfer, dismissal, loss of pay, reassignment,

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or similar action which would be considered a punitive measure, then, before taking such action,

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the law enforcement agency shall give notice to the law enforcement officer that he or she is entitled

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to a hearing on the issues by a hearing committee. The law enforcement officer may be relieved of

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duty subject to § 42-28.6-13 of this chapter, and shall receive all ordinary pay and benefits as he or

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she would have if he or she were not charged.

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     Disciplinary action for violation(s) of departmental rules and/or regulations shall not be

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instituted against a law enforcement officer under this chapter more than three (3) years after such

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incident, except where such incident involves a potential criminal offense, in which case

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disciplinary action under this chapter may be instituted at any time within the statutory period of

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limitations for such offense.

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     (b) Notice under this section shall be in writing and shall inform the law enforcement

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officer of the following:

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     (i) The nature of the charge(s) against him or her and, if known, the date(s) of the alleged

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offense(s);

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     (ii) The recommended penalty;

 

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     (iii) The fact that he or she has five (5) days from receipt of the notice within which to

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submit a written request for a hearing; and

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     (iv) The name and address of the officer to whom a written request for a hearing (and other

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related written communications) should be addressed.

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     (c) The law enforcement officer shall, within five (5) days of his or her receipt of notice

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given pursuant to subsection (b) herein, file a written request for hearing with the officer designated

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in accordance with subdivision (b)(iv). Failure to file a written request for a hearing shall constitute

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a waiver of his or her right to a hearing under this chapter; provided, however, that the presiding

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justice of the superior court, upon petition and for good cause shown, may permit the filing of an

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untimely request for hearing.

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     (d) The law enforcement officer shall provide the charging law enforcement agency with

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the name of one active or retired law enforcement officer to serve on the hearing committee, within

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five (5) days of the filing of his or her request for a hearing. Failure by the law enforcement officer

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to file his or her filing committee selection within the time period shall constitute a waiver of his

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or her right to a hearing under this chapter; provided, however, that the presiding justice of the

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superior court, upon petition and for good cause shown, may permit the filing of an untimely

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hearing committee selection by the officer. The charging law enforcement agency may impose the

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recommended penalty during the pendency of any such petition.

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     (e) The charging law enforcement agency shall provide the law enforcement officer with

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the name of one active or retired law enforcement officer to serve on the hearing committee, within

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five (5) days of its receipt of the officer's request for a hearing. Failure by the charging law

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enforcement agency to file its hearing committee selection within that time period shall constitute

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a dismissal of all charges against the law enforcement officer, with prejudice; provided, however,

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that the presiding justice of the superior court, upon petition and for good cause shown, and permit

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the filing of an untimely hearing committee selection by the agency. Except as expressly provided

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in § 42-28.6-13 of this chapter, no disciplinary action shall be taken against the officer by virtue of

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the stated charges during the pendency of any such petition.

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     (f) Within five (5) days of the charging law enforcement agency's selection of a hearing

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committee member, the hearing committee members selected by the officer and by the agency

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shall:

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     (i) Jointly select a third hearing committee member, who shall serve as chairperson of the

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hearing committee;

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     (ii) Petition the presiding justice of the superior court to select a third hearing committee

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member, who shall be an active law enforcement officer, and who shall serve as chairperson of the

 

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hearing committee; or

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     (iii) Agree to an extension of time, not to exceed thirty (30) days, for the selection of a third

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hearing committee member.

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     (g) Law enforcement officers selected to serve on a hearing committee under this chapter,

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including those permanent members, shall be relieved of duty for each day of actual hearing and

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shall be compensated by their respective agencies at their ordinary daily rate of pay for each day

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actually spent in the conduct of the hearing hereunder.

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     (h) Two (2) lists of active police officers available to serve as chairpersons of hearing

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committees under this chapter shall be provided annually to the presiding justice of the superior

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court. One list shall be provided by the Rhode Island Police Chiefs' Association; the other shall be

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appointed, jointly, by the Fraternal Order of Police and the International Brotherhood of Police

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Officers. In selecting officers to serve as chairpersons of hearing committees under this chapter,

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the presiding justice shall alternate between the two (2) lists so provided.

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     (i) Whenever a law enforcement officer faces disciplinary action as a result of criminal

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charges, the provisions of subsections (c), (d), and (e) and (f) shall be suspended pending the

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adjudication of said criminal charges.

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     42-28.6-5. Conduct of hearing.

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

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§ 42-28.6-4 of this chapter. Both the law enforcement agency and the law enforcement officer shall

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be given ample opportunity to present evidence and argument with respect to the issues involved.

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Both may be represented by counsel.

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     (b) The hearing shall be convened at the call of the chair; shall commence within thirty

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(30) fifteen (15) days after the selection of a chairperson of the hearing committee; and shall be

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completed within sixty (60) thirty (30) days of the commencement of the hearing. The hearing

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committee shall render a written decision within thirty (30) days after the conclusion of the hearing.

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The time limits established in this subsection may be extended by the presiding justice of the

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superior court for good cause shown.

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     (c) Not less than ten (10) days prior to the hearing date, the charging law enforcement

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agency shall provide to the law enforcement officer:

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     (i) A list of all witnesses, known to the agency at that time, to be called by the agency to

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testify at the hearing;

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     (ii) Copies of all written and/or recorded statements by such witnesses in the possession of

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the agency; and

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     (iii) A list of all documents and other items to be offered as evidence at the hearing.

 

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     (d) Not less than five (5) days prior to the hearing date, the law enforcement officer shall

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provide to the charging law enforcement agency a list of all witnesses, known to the officer at that

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time, to be called by the officer to testify at the hearing.

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     (e) Failure by either party to comply with the provisions of subsections (c) and (d) of this

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section shall result in the exclusion from the record of the hearing of testimony and/or evidence not

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timely disclosed in accordance with those subsections.

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     42-28.6-13. Suspensions.

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     (a) The provisions of this chapter are not intended to prohibit suspensions by the chief or

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the highest ranking officer of the law enforcement agency.

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     (b) Summary punishment of two (2) five (5) days' suspension without pay may be imposed

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for minor violations of departmental rules and regulations. Appeals of suspension under this

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subsection shall be subject to the grievance provisions of any applicable collective bargaining

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agreement.

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     (c) Suspension may be imposed by the chief or the highest ranking sworn officer of the law

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enforcement agency when the law enforcement officer is under investigation for a criminal felony

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matter. Any suspension shall consist of the law enforcement officer being relieved of duty, and he

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or she shall receive all ordinary pay and benefits as he or she would receive if he or she were not

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suspended. Suspension under this subsection shall not exceed one hundred eighty (180) days.

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     (d) Suspension may be imposed by the chief or highest ranking sworn officer of the law

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enforcement agency when the law enforcement officer in under investigation for a misdemeanor

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criminal matter. Any such suspension shall consist of the law enforcement officer being relieved

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of duty, and he or she shall receive all ordinary pay and benefits as he or she would receive if he or

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she were not suspended. Suspension under this subsection shall not exceed thirty (30) days;

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provided, however, that if an officer is charged with a misdemeanor offense the chief or highest

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ranking sworn officer of the law enforcement agency may continue said suspension with pay up to

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a total of one hundred and eighty (180) days. If the disposition of the criminal matter does not take

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place within one hundred eighty (180) days of the commencement of such suspension, the law

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enforcement officer may be suspended without pay and benefits; provided, however, that the

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officer's entitlement to such medical insurance, dental insurance, disability insurance and life

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insurance as is available to all other officers within the agency shall not be suspended. The law

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enforcement officer may petition the presiding justice of the superior court for a stay of the

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suspension without pay, and such stay shall be granted upon a showing that said delay in the

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criminal disposition was outside the law enforcement officer's control. In the event the law

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enforcement officer is acquitted of any misdemeanor related thereto, the officer shall be forthwith

 

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reinstated and reimbursed all salary and benefits that have not been paid during the suspension

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period.

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     (e) Suspension may be imposed by the chief or highest ranking sworn officer of the law

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enforcement agency when the law enforcement officer is under investigation for a noncriminal

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matter. Any such suspension shall consist of the law enforcement officer being relieved of duty,

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and he or she shall receive all ordinary pay and benefits as he or she would receive if he or she were

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not suspended. Suspension under this subsection shall not exceed fifteen (15) days or any other

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time frame established under the provisions of any applicable collective bargaining agreement.

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     (f) Suspension may be imposed by the chief or highest ranking sworn officer of the law

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enforcement agency upon receipt of notice or disciplinary action in accordance with § 42-28.6-4(b)

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of this chapter in which termination or demotion is the recommended punishment. Any such

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suspension shall consist of the law enforcement officer being relieved of duty, and he or she shall

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receive all ordinary pay and benefits as he or she would receive if he or she were not so suspended.

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     (g) Any law enforcement officer who is charged, indicted or informed against for a felony

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or who is convicted of and incarcerated for a misdemeanor may be shall be suspended without pay

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and benefits at the discretion of the agency or chief or highest ranking sworn officers; provided,

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however, that the officer's entitlement to medical insurance, dental insurance, disability insurance

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and life insurance as is available to all other officers within the agency shall not be suspended. In

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the event that the law enforcement officer is acquitted of any felony related thereto, the officer shall

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be reinstated and reimbursed forthwith for all salary and benefits that have not been paid during the

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suspension period.

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     (h) Any law enforcement officer who is convicted of a felony shall, pending the prosecution

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of an appeal, be suspended without pay and benefits; provided, however, that the officer's

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entitlement to such medical insurance, dental insurance, disability insurance and life insurance as

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is available to all other officers within the agency shall not be suspended. Whenever, upon appeal,

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such conviction is reversed, the suspension under this subsection shall terminate and the law

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enforcement officer shall forthwith be paid the salary and benefits that would have been paid to

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him or her during that period of suspension.

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     (i) Any law enforcement officer who pleads guilty or no contest to a felony charge or whose

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conviction of a felony has, after or in the absence of a timely appeal, become final may be dismissed

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by the law enforcement agency and, in the event of such dismissal, other provisions of this chapter

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shall not apply.

 

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     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 STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT

OFFICERS' BILL OF RIGHTS

***

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     This act would increase the number of committee members in a law enforcement officers’

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bill of rights hearing to five (5), three of whom would be permanent. It would also mandate that

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any hearing be commenced within fifteen (15) days of the selection of the committee, allow for

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summary punishment of up to five (5) days suspension and would mandate that any officer charged

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with a felony or imprisoned on a misdemeanor have their pay suspended while the case is pending.

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     This act would take effect upon passage.

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