2023 -- S 0811

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LC002554

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT

OFFICER SCREENING, DISCIPLINE AND DECERTIFICATION

     

     Introduced By: Senators Acosta, Quezada, Britto, Mack, and Euer

     Date Introduced: March 23, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 28.11

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LAW ENFORCEMENT OFFICER SCREENING, DISCIPLINE, AND DECERTIFICATION

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     42-28.11-1. Definitions.

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     As used in this chapter:

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     (1) “Board” or “POST board” means peace officer standards and training board in § 42-

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28.11-2.

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     (2) “Conviction” means and includes a finding or a verdict of guilt, a plea of guilty, or a

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plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or

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sentence is withheld or not entered thereon.

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     (3) “Employing agency” means the law enforcement agency employing or appointing the

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police officer.

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     (4) “Law enforcement agency” or “agency” means any police department, sheriff’s

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department, the police department of any campus of any college or university within the state and

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the state police.

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     (5) “Officer” means an agent, operative, or official of this state, a subdivision or

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municipality thereof, who, as an employee for hire or as a volunteer of a law enforcement agency

 

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or other governmental entity, is vested either expressly by law or by virtue of public employment

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or service with authority to enforce the criminal or traffic laws through the power of arrest and

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whose duties include the preservation of public order, the protection of life and property, and the

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prevention, detection, or investigation of crime. "Officer" shall also include certified private police.

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     (6) “Serious bodily injury” means bodily injury that results in a permanent disfigurement,

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extreme physical pain, loss or impairment of a bodily function, limb or organ, or a significant risk

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of death. Examples of serious bodily injury include: broken bones, closed head injuries, loss of

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consciousness, as well as any other injuries that could result in death or disfigurement.

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     42-28.11-2. The police officer standards and training board - composition and

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appointment.

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     (a) There is hereby stablished a police officer standards and accreditation board ("board").

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All appointments of members to the board shall be for a term of three (3) years commencing the

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first day of February next following their respective appointment(s) and until their respective

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successors shall be appointed and qualified to succeed the person or persons whose term next

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expires. There shall be fifteen (15) members of said board as follows:

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     (1) The colonel of the Rhode Island state police, or designee;

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     (2) The commissioner of public safety for the city of Providence, or designee;

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     (3) One chief of police selected by the Rhode Island police chiefs' association;

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     (4) One law enforcement officer selected by the Rhode Island minority police association;

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     (5) One law enforcement officer below the rank of sergeant appointed by the governor;

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     (6) One law enforcement officer of any rank appointed by the governor;

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     (7) One law enforcement officer with an educational or law enforcement training

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background to be appointed by the governor;

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     (8) The attorney general, or designee;

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     (9) Seven (7) non-law enforcement persons appointed by the governor. A minimum of

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three (3) whom shall be from the office of diversity, equity and opportunity.

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     (b) Members of the board shall be eligible for reappointment.

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     (c) The governor shall appoint a chairperson of the board.

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     (d) None of the board members outlined in subsection (a) of this section shall be employed,

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or have been previously employed, as an officer.

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     (e) When a board member may have an actual, perceived, or potential conflict of interest

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or appearance of bias that could prevent the board member from making a fair and impartial

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decision in a suspension or decertification proceeding, the board member shall recuse themself; or

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if the board member fails to recuse themself, then the board may, by a simple majority, vote to

 

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recuse the board member from the proceeding.

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     (f) A “conflict of interest or appearance of bias” in subsection (c) of this section may

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include, but is not limited to, matters where a party in a disciplinary proceeding is: an individual

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with whom the member has an employment relationship; the member’s relatives or friends, or an

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individual belonging to a professional organization, association, or a union in which the member

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now actively serves.

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     (g) A board member may be removed if the member:

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     (1) Is guilty of malfeasance in office or commits gross misconduct;

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     (2) Substantially neglects the duties of a board member;

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     (3) Is unable to discharge the powers and duties of the board;

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     (4) Is convicted of a felony; or

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     (5) Engaged in any conduct that could be a basis for board.

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     (h) During the term of their tenure, board members may not hold or seek office in any state

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or local legislature, or serve as the chief executive of any state or local government.

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     42-28.11-3. Board powers.

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     The board is vested with the following powers:

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     (1) To meet at such times and places as it may deem necessary;

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     (2) To hire staff persons to assist the board in carrying out its duties and functions;

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     (3) To contract with other agencies, public or private, or persons as it deems necessary for

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the rendering and affording of such services, facilities, studies, and reports as will best assist it to

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carry out its duties and responsibilities;

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     (4) To cooperate with and secure the cooperation of every department, agency, or

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instrumentality in the state government or its political subdivisions in the furtherance of the

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purposes of this chapter;

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     (5) To refuse to grant a certificate to or to discipline a certified officer under this chapter

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or any antecedent law;

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     (6) To compel the attendance of witnesses and the production of any book, writing, or

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document by issuing a subpoena therefor; and

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     (7) To do any and all things necessary or convenient to enable it to perform wholly and

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adequately its duties and to exercise the power granted to it.

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     42-28.11-4. Background checks and other agency investigation obligations.

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     (a) For purposes of this section, the term “employment-related information” means written

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information contained in an employer's records or personnel files that relates to an applicant’s

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performance or behavior while employed by such employer, including all performance evaluations,

 

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complaints (regardless if deemed unfounded or unsubstantiated), disciplinary records and records

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concerning investigations of misconduct (regardless of the result of the investigation), and records

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concerning eligibility for rehire. “Employment-related information” shall not include information

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prohibited from disclosure by federal law.

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     (b) Any applicant who has been offered a conditional offer of employment as an officer

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shall submit to a background investigation by the agency looking to employ the applicant (the

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“employing agency”) to determine the applicant’s suitability for employment and good character.

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Employing agencies shall only make an offer of employment that is conditional on the completion

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of a background investigation of the applicant.

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     (c) Employing agencies shall not make a nonconditional offer of employment to an

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applicant who has satisfied any of the grounds for discipline of this chapter, or upon finding that

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the applicant lacks good character.

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     (d) Employing agencies shall disclose to the board any information it uncovers that could

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provide grounds for discipline by the board.

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     (e) The board may inspect and copy the documentation of an employing agency to ensure

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compliance with this section.

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     (f) The agency chief, or designee, shall verify in writing to the board under penalty of

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perjury that they have complied with all background check requirements and have found the

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applicant not to have satisfied any of the grounds for discipline except for if at least five (5) years

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have passed since the applicant engaged in the conduct that formed the basis for the criminal

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conviction and the conduct occurred before the applicant was certified as a law enforcement officer;

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     (g) If they have found an applicant:

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     (1) To have satisfied any of the grounds for discipline; or

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     (2) To have satisfied any of the grounds for discipline and that at least five (5) years have

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passed since the applicant engaged in the conduct that formed the basis for the conviction and the

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conduct occurred before the applicant was certified as a law enforcement officer, the agency chief,

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or designee, have considered and evaluated the circumstances of the officer’s conduct in light of

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the factors; and

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     (3) To have good moral character, before making any nonconditional offer of employment.

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     (h) The board shall adopt rules that establish procedures for conducting background

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investigations. The rules must specify a form for employing agencies to use to document the

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findings of the background investigation. The background check must include, at a minimum:

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     (1) A criminal history check;

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     (2) Review of the National Decertification Index (and/or other similar national or regional

 

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indices specified by the board),

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     (3) Review of board decertification, disciplinary, and any other records the board possesses

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concerning the applicant;

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     (4) Review of disciplinary records held by any other state or local agency or entity;

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     (5) Review of all employment-related information from each of the applicant’s previous

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and current law enforcement or correctional agency employers;

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     (6) Communication with the local prosecuting authority in any jurisdiction in which an

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officer has served to determine whether the officer is on any potential impeachment disclosure list;

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     (7) Fingerprinting the applicant for the purpose of conducting a fingerprint-based search of

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the Federal Bureau of Investigation, and other relevant databases to determine the existence of any

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warrants, arrests, or criminal records;

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     (8) Written communication with each of the applicant’s references, including a written

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reference from each law enforcement, correctional, and private safety agency that has employed

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the applicant. Each agency providing a reference must include in their reference whether the agency

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is aware of any conduct committed by the applicant that could satisfy any of the grounds for

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discipline, including any conduct the agency was investigating, even if the agency did not complete

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its investigation because the applicant resigned from his or her position at the agency while the

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investigation was pending; and

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     (9) Verification of the applicant’s education and military history.

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     (i) The applicant must provide the employing agency with at least the following

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information:

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     (1) A complete list of all law enforcement, correctional, and private safety agencies that

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have employed the applicant as well as a reference from each agency;

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     (2) Information setting forth the facts and reasons for any of the applicant's previous

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separations from private or public employment or appointment, as the applicant understands them.

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For the purposes of this subsection, the term “separation from employment or appointment”

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includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave

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of absence from any salaried or non-salaried position;

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     (3) A signed declaration verifying under penalty of perjury that all of the information the

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applicant has provided during the background investigation is true and correct to the best of the

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applicant’s knowledge; and

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     (4) A signed release allowing background investigation information to be shared with other

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law enforcement or correctional agencies, or private safety agencies of which the applicant may

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become affiliated.

 

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     (j) For each applicant, the employing agency must ask each of the applicant’s current and

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previous employers in writing to disclose all employment-related information to the employing

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agency, and each employer must disclose all employment-related information upon receiving a

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written request from the employing agency.

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     (1) Each employer shall also disclose the reason for the applicant’s separation from the

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employer.

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     (2) Any person or entity who discloses information to the board in good-faith pursuant to

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this section is immune from civil liability arising from the disclosure.

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     (k) Post-hire.

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     (1) The employing agency shall annually run a criminal history, arrest, and warrant check

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for each officer it employs.

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     (2) Employing agencies must have a policy requiring officers to immediately report to their

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employing agency any pending criminal charges against them, and any conviction, plea, or other

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case disposition.

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     (l) Enforcement.

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     (1) In order for a law enforcement agency to be eligible to receive any state law

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enforcement funding or any state-administered federal grant, the chief law enforcement officer of

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that agency must certify annually in writing to the board that the agency complied with all of the

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requirements set forth in this section in the previous calendar year. If the chief law enforcement

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officer submits a written certification while knowing that the agency has not complied with all of

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the requirements set forth under this section, they shall be fined no more than one-quarter (1/4) or

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one-half (1/2) of their annual salary.

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     (m) The board also may impose a civil penalty on employing agencies not to exceed five

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thousand dollars ($5,000) per violation for the failure of an employing agency to follow the

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requirements of this section.

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     42-28.11-5. Reporting misconduct and other information.

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     (a) For purposes of this section, “police oversight agency” means any agency, board, or

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commission created by a political subdivision to accept and review complaints against law

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enforcement officers employed by the political subdivision.

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     (b) Any person or entity who discloses information to the board in good-faith pursuant to

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this section is immune from civil liability arising from the disclosure.

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     (c) Permissive reporting

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     (1) Any person or entity may notify the board of any conduct the person believes an officer

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has committed that could give rise to discipline from the board. Upon written request, the board

 

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shall disclose to the person or entity who filed a notice of violation the status of the board’s review.

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     (2) The notice of violation reported under subsection (a) of this section shall be on a form

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prescribed by the board. The board shall make the form publicly available by paper and electronic

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means.

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     (3) Nothing in this subsection shall preclude the board from receiving, investigating, or

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acting upon allegations made anonymously.

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     (4) The identity of any person or entity reporting a notice of violation shall be kept

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confidential and may not be disclosed without the written consent of that person. The

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confidentiality granted by this subsection does not preclude the disclosure of the identity of a person

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in any capacity other than as the source of an allegation.

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     (d) Mandatory agency and officer reporting. An officer and his or her employing agency

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both shall report to the board, on a form provided by the board, any of the following within five (5)

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business days:

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     (1) Separation of an officer from an employing agency for any reason, including

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termination, resignation, or retirement. If the employing agency accepts an officer’s resignation or

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retirement in lieu of termination, the employing agency shall report its reasons and rationale to the

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board, including the findings from any internal or external investigations into misconduct.

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     (2). Any disciplinary action taken against an officer by the employing agency or any other

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federal, state, or municipal agency, organization, or department. Disciplinary action includes any

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suspension, demotion, or reprimand. The agency must make available to the board any records

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concerning the disciplinary action.

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     (3) Any arrest of the officer for any crime.

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     (e) Any law enforcement agency that arrests anyone the agency knows to be an officer

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must report the arrest to the board within five (5) business days of the arrest.

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     (f) The employing agency, as well as any police oversight agency, shall transmit to the

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board any complaint it receives alleging officer conduct that could give rise to officer discipline

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pursuant to any grounds for discipline specified in subsection (c) of this section, in a form to be

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determined by the board, no later than seven (7) days after the complaint is filed. The board,

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however, may establish a streamlined process for the reporting or handling of minor complaints

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that do not involve allegations involving the use of force or officer conduct that could give rise to

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criminal liability.

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     (g) The employing agency and officer both shall notify the board within two (2) days of

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any incident involving the use of physical force by the officer that resulted in death or serious bodily

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injury; or of learning that an officer has been charged with a crime, and any subsequent case

 

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dispositions following the charge(s).

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     (h) The employing agency shall report to the board on a form provided by the board any

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other officer conduct or information that could give rise to officer discipline and any other officer

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conduct or information that board chooses to require, including the remaining grounds for

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discipline no later than seven (7) days from the date the agency learns of the information.

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     (i) An officer’s employing agency must submit any investigative findings and supporting

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information and documentation to the board related to the triggering events or conduct. The board

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may inspect and copy an employing agency’s records to ensure compliance with this subsection.

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     (j) Enforcement.

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     (1) In order for a law enforcement agency to be eligible to receive any state law

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enforcement funding or any state-administered federal grant, the chief law enforcement officer of

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that agency must certify annually in writing to the board that the agency complied with all of the

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requirements set forth in this section in the previous calendar year. If the chief law enforcement

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officer submits a written certification while knowing that the agency has not complied with all of

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the requirements set forth under this section, they shall be fined no more than one-quarter (1/4) or

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one-half (1/2) of their annual salary.

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     (2) The attorney general may investigate, and if warranted, bring a civil action against any

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law enforcement agency to obtain equitable or declaratory relief to enforce the provisions of this

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section.

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     (3) The board may impose a civil penalty on officers and employing agencies not to exceed

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five thousand dollars ($5,000) per violation for the failure of an officer or an employing agency to

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timely and accurately report information as required by this section.

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     42-28.11-6. Investigations and board data tracking.

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     (a) Preliminary review.

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     (1) When the board learns of alleged officer conduct or information that could give rise to

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officer discipline, the board shall complete a preliminary review of the allegations to determine if

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there is sufficient information to warrant further investigation.

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     (2) Upon initiating a preliminary review of the allegations, the board shall notify the head

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of the agency that employs the officer who is subject of the allegations that the board is conducting

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a preliminary review.

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     (3) At the board’s request, the employing agency must submit copies of any relevant

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investigative findings, evidence, or documentation to the board to facilitate the board’s preliminary

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review, in accord with rules adopted by the board.

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     (b) If, after a preliminary review of the allegations, the board believes an officer may have

 

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engaged in conduct or the board learns that a law enforcement agency terminated the officer’s

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employment for-cause or that the officer resigned in lieu of termination or retired in lieu of

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termination, then the board shall assign the allegations for further investigation.

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     (c) The board shall either conduct the further investigation itself or assign the further

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investigation to the agency that employs the officer or the attorney general.

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     (1) The board shall set a deadline of six (6) months from the date of assignment for the

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entity assigned to conduct further investigation to complete its investigation.

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     (2) The entity conducting further investigation shall, within seven (7) days of completing

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an investigation, deliver an investigative summary report and copies of any evidence to the board.

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     (d) Proceeding with charges. If the board elects to prepare and serve upon the officer a

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statement of charges, the board shall do so no later than four (4) months after receiving the

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investigative summary report, associated evidence, and any supplementary materials that the board

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requests from the investigating entity.

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     (e) Data tracking and agency reporting obligations. The board shall create and maintain a

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database containing records for each certified officer that includes:

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     (1) The date of initial certifications and date(s) of any recertifications;

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     (2) All charges brought by the board and any discipline imposed by the board against the

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officer, including suspension and decertification;

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     (3) The date(s) of any suspensions or decertification and the reason for said suspension or

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decertification;

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     (4) All separations of an officer from an employing agency and the nature of the separations

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(e.g. resignation, retirement, termination, resignation in lieu of termination);

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     (5) The reasons for any separation of an officer from an employing agency, including

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whether the separation was based on misconduct or occurred while the employing agency was

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investigating the officer for violating the employing agency’s rules or policies, or for other

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misconduct or improper action.

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     (6) The nature and outcome of any disciplinary proceedings taken against the officer by an

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employing agency;

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     (7) All complaints received by the board and the basis for the complaint;

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     (8) Any incident involving the use of force by the officer that resulted in death or serious

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bodily injury;

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     (9) All arrests and criminal charges brought against the officer, as well as any subsequent

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case dispositions following the charges;

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     (10) Any other officer conduct reported to the board that could give rise to discipline; and

 

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     (11) any other information the board deems appropriate.

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     (f) The board shall actively monitor the database to identify patterns of alleged officer

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misconduct that could provide a basis for investigation and could inform the appropriate discipline

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to impose.

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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

OFFICER SCREENING, DISCIPLINE AND DECERTIFICATION

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     This act would create an officer discipline board and would require law enforcement

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personnel to comply with this act.

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     This act would take effect upon passage.

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