CHAPTER 142
2002-S 2548A am
Enacted 06/18/2002


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RELATING TO TOWNS AND CITIES -- EMERGENCY POLICE POWER

 

Introduced By: Senators Damiani, Polisena, Celona, J Montalbano, and Algiere

 

Date Introduced: February 05, 2002

It is enacted by the General Assembly as follows:


SECTION 1. Chapter 45-42 of the General Laws entitled "Emergency Police Power" is hereby amended by adding thereto the following section:

45-42-2. Nonemergency police power. - (a) Notwithstanding any law to the contrary and consistent with the provisions of Chapter 40.1 of Title 45 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 city or town may enter into an agreement, which is subject to approval by each city or town council by adoption of a resolution in support thereof, whereby the chief may request the other city or town police force to provide assistance in a nonemergency situation to provide all those police services prescribed by law within any portion of the jurisdiction of the city or town 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 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 such costs from any other source. Each agency shall be responsible for the negligence of its employees to the extent specific 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. Chapter 30-15.8 of the General Laws entitled "Mutual Aid Agreement With Bordering States" is hereby amended by adding thereto the following section:

30-15.8-3. City or town aid agreement. -- (a) The police chief of a city or town in Rhode Island may enter into an agreement, which is subject to approval by each city or town council by adoption of a resolution in support thereof with another city or town, which is adjacent to and borders on the state of Rhode Island, to provide mutual aid and assistance for all police services prescribed by law within any portion of the jurisdiction of the city or town 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 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 such 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 3. This act shall take effect upon passage.

 


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