2021 -- H 5993 | |
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LC002010 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
____________ | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- RISHOD K. GORE JUSTICE IN | |
POLICING ACT OF 2021 | |
| |
Introduced By: Representatives Batista, Williams, Morales, Felix, and Alzate | |
Date Introduced: February 26, 2021 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
2 | GOVERNMENT" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 160 |
4 | RISHOD K. GORE JUSTICE IN POLICING ACT OF 2021 |
5 | 42-160-1. Short title. |
6 | This chapter shall be known and may be cited as the "Rishod K. Gore Justice in Policing |
7 | Act of 2021". |
8 | 42-160-2. Definitions. |
9 | As used in this chapter, the following words, terms and phrases have the meanings |
10 | indicated: |
11 | (1) "Contacts" means an interaction with an individual, whether or not the person is in a |
12 | motor vehicle, initiated by a peace officer, whether consensual or nonconsensual, for the purpose |
13 | of enforcing the law or investigating possible violations of the law. "Contacts" do not include |
14 | routine interactions with the public at the point of entry or exit from a controlled area. |
15 | (2) "Demographic information" means race, ethnicity, sex, and approximate age. |
16 | (3) "Peace officer" means the following individuals as defined in § 12-7-21. |
17 | (4) "Physical force" means the application of physical techniques or tactics, chemical |
18 | agents, or weapons to another person. |
| |
1 | (5) "Serious bodily injury" means physical injury that creates a substantial risk of death or |
2 | causes serious permanent disfigurement or protracted loss or impairment of the function of any |
3 | bodily member or organ. |
4 | (6) "Tamper" means to intentionally damage, disable, dislodge, or obstruct the sight or |
5 | sound or otherwise impair functionality of the body-worn camera or to intentionally damage, delete, |
6 | or fail to upload some or all portions of the video and audio. |
7 | 42-160-3. Camera use. |
8 | (a) Except as provided in subsections (b) through (d) of this section, a peace officer shall |
9 | wear and activate a body-worn camera or dash camera, if the peace officer's vehicle is equipped |
10 | with a dash camera, when responding to a call for service or during any interaction with the public |
11 | initiated by the peace officer, whether consensual or nonconsensual, for the purpose of enforcing |
12 | the law or investigating possible violations of the law. |
13 | (b) A peace officer may turn off a body-worn camera to avoid recording personal |
14 | information that is not case related; when working on an unrelated assignment; when there is a long |
15 | break in the incident or contact that is not related to the initial incident; and in administrative, |
16 | tactical, and management discussions. |
17 | (c) A peace officer does not need to wear or activate a body-worn camera if the peace |
18 | officer is working undercover. |
19 | (d) The provisions of this section shall not apply to jail peace officers or staff of a local law |
20 | enforcement agency if the jail has video cameras; however, the provisions of subsection (a) of this |
21 | section, shall apply to jail peace officers when performing a task that requires an anticipated use of |
22 | force, including cell extractions and restraint chairs. The provisions of this section shall also not |
23 | apply to the civilian or administrative staff of the Rhode Island state police or a local law |
24 | enforcement agency, the executive detail of the Rhode Island state police, and peace officers |
25 | working in a courtroom. |
26 | (e) If a peace officer fails to activate a body-worn camera or dash camera as required by |
27 | this section or tampers with body-worn or dash-camera footage or operation when required to |
28 | activate the camera, there exists a permissive inference in any investigation or legal proceeding, |
29 | excluding criminal proceedings against the peace officer, that the missing footage would have |
30 | reflected misconduct by the peace officer. If a peace officer fails to activate or reactivate his or her |
31 | body-worn camera as required by this section or tampers with body-worn or dash-camera footage |
32 | or operation when required to activate the camera, any statements sought to be introduced in a |
33 | prosecution through the peace officer related to the incident that were not recorded due to the peace |
34 | officer's failure to activate or reactivate the body-worn camera as required by this section or if the |
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1 | statement was not recorded by other means, creates a rebuttable presumption of inadmissibility. |
2 | Notwithstanding any other provision of law, this subsection does not apply if the body-worn camera |
3 | was not activated due to a malfunction of the body-worn camera and the peace officer was not |
4 | aware of the malfunction, or was unable to rectify it, prior to the incident; provided, that the law |
5 | enforcement agency's documentation shows the peace officer checked the functionality of the body- |
6 | worn camera at the beginning of his or her shift. |
7 | 42-160-4. Discipline for violation. |
8 | In addition to any criminal liability and penalty under the law, if a court, administrative |
9 | law judge, hearing officer, or a final decision in an internal investigation finds that a peace officer |
10 | intentionally failed to activate a body-worn camera or dash-camera or tampered with any body- |
11 | worn or dash-camera, except as permitted in this section, the peace officer's employer shall impose |
12 | discipline up to and including termination, to the extent permitted by the provisions of chapter 28.6 |
13 | of title 42. |
14 | 42-160-5. Retention of recordings. |
15 | A local law enforcement agency and the Rhode Island state police shall establish and |
16 | follow a retention schedule for body-worn camera recordings. |
17 | 42-160-6. Release of recordings. |
18 | (a) For all incidents in which there is a complaint of peace officer misconduct by another |
19 | peace officer, a civilian, or nonprofit organization, through notice to the law enforcement agency |
20 | involved in the alleged misconduct, the local law enforcement agency or the Rhode Island state |
21 | police shall release all unedited video and audio recordings of the incident, including those from |
22 | body-worn cameras, dash-cameras, or otherwise collected through investigation, to the public |
23 | within twenty-one (21) days after the local law enforcement agency or the Rhode Island state police |
24 | received the complaint of misconduct, except as provided in subsections (b) through (g) of this |
25 | section. |
26 | (b) All video and audio recordings depicting a death shall be provided upon request to the |
27 | victim's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or |
28 | other lawful representative, and such person shall be notified of his or her right, to receive and |
29 | review the recording at least seventy-two (72) hours prior to any public disclosure. This subsection |
30 | shall not apply to a person seventeen (17) years of age and under, unless legally emancipated. |
31 | (c) Notwithstanding any other provision of this section, any video that raises substantial |
32 | privacy concerns for criminal defendants, victims, witnesses, juveniles, or informants, including |
33 | video depicting nudity; a sexual assault; a medical emergency; private medical information; a |
34 | mental health crisis; a victim interview; a minor, including any images or information that might |
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1 | undermine the requirement to keep certain juvenile records confidential; any personal information |
2 | other than the name of any person not arrested, cited, charged, or issued a written warning, |
3 | including a government-issued identification number, date of birth, address, or financial |
4 | information; significantly explicit and gruesome bodily injury, unless the injury was caused by a |
5 | peace officer; or the interior of a home or treatment facility, shall be redacted or blurred to protect |
6 | the substantial privacy interest while still allowing public release. Unredacted footage shall not be |
7 | released without the written authorization of the victim or, if the victim is deceased or incapacitated, |
8 | the written authorization of the victim's next of kin. Unredacted footage shall not be released to a |
9 | person seventeen (17) years of age and under, unless legally emancipated. |
10 | (d) If redaction or blurring is insufficient to protect the substantial privacy interest, the local |
11 | law enforcement agency or the Rhode Island state police shall, upon request, release the video to |
12 | the victim or, if the victim is deceased or incapacitated, to the victim's spouse, parent, legal |
13 | guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative |
14 | within twenty (20) days after receipt of the complaint of misconduct. In cases in which the |
15 | recording is not released to the public pursuant to this section, the local law enforcement agency |
16 | shall notify the person whose privacy interest is implicated, if contact information is known, within |
17 | twenty (20) days after receipt of the complaint of misconduct, and inform the person of his or her |
18 | right to waive the privacy interest. |
19 | (e) A witness, victim, or criminal defendant may waive in writing the individual privacy |
20 | interest that may be implicated by public release. Upon receipt of a written waiver of the applicable |
21 | privacy interest, accompanied by a request for release, the law enforcement agency may not redact |
22 | or withhold release to protect that privacy interest. |
23 | (f) Any video that would substantially interfere with or jeopardize an active or ongoing |
24 | investigation may be withheld from the public; except that the video shall be released no later than |
25 | forty-five (45) days from the date of the allegation of misconduct. In all cases when release of a |
26 | video is delayed in reliance on this subsection, the attorney general shall prepare a written |
27 | explanation of the interference or jeopardy that justifies the delayed release, contemporaneous with |
28 | the refusal to release the video. Upon release of the video, the attorney general shall release the |
29 | written explanation to the public. |
30 | (g) If criminal charges have been filed against any party to the incident, that party shall file |
31 | any constitutional objection to the release of the recording in the pending criminal case before the |
32 | twenty-one (21) day period expires. In cases in which there is a pending criminal investigation or |
33 | prosecution of a party to the incident, the twenty-one (21) day period shall begin from the earliest |
34 | of: |
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1 | (1) The date of appointment of counsel; |
2 | (2) The filing of an entry of appearance by counsel; or |
3 | (3) The election to proceed pro se by the defendant in the criminal prosecution made on |
4 | the record before a judge. If the defendant elects to proceed pro se in the criminal case, the court |
5 | shall advise the defendant of the twenty-one (21) day deadline provided in subsection (a) of this |
6 | section, for the defendant to file any constitutional objection to the release of the recording in the |
7 | pending criminal case as part of the court's advisement. The court shall hold a hearing on any |
8 | objection no later than seven (7) days after it is filed and issue a ruling no later than three (3) days |
9 | after the hearing. |
10 | 42-160-7. Annual reports. |
11 | (a) Beginning July 1, 2023, and every July 1 thereafter, the attorney general shall create an |
12 | annual report including all of the information that is reported to the attorney general pursuant to |
13 | subsection (b) of this section, aggregated and broken down by the law enforcement agency that |
14 | employs peace officers, along with the underlying data. |
15 | (b) Beginning January 1, 2023, and every January 1 thereafter, the Rhode Island state police |
16 | and each local law enforcement agency that employs peace officers shall provide an annual report |
17 | to the attorney general containing the following information: |
18 | (1) All use of force by its peace officers that results in death or serious bodily injury, |
19 | including: |
20 | (i) The date, time, and location of the use of force; |
21 | (ii) The perceived demographic information of the person contacted; provided, that the |
22 | identification of these characteristics is based on the observation and perception of the peace officer |
23 | making the contact and other available data; |
24 | (iii) The names of all peace officers who were at the scene, identified by whether the peace |
25 | officer was involved in the use of force or not; except that the identity of other peace officers at the |
26 | scene not directly involved in the use of force shall be identified by the officer's identification |
27 | number unless the peace officer is charged criminally or is a defendant to a civil suit arising from |
28 | the use of force; |
29 | (iv) The type of force used, the severity and nature of the injury, whether the peace officer |
30 | suffered physical injury, and the severity of the peace officer's injury; |
31 | (v) Whether the peace officer was on duty at the time of the use of force; |
32 | (vi) Whether a peace officer unholstered a weapon during the incident; |
33 | (vii) Whether a peace officer discharged a firearm during the incident; |
34 | (viii) Whether the use of force resulted in a law enforcement agency investigation and the |
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1 | result of the investigation; and |
2 | (ix) Whether the use of force resulted in a citizen complaint and the resolution of that |
3 | complaint; |
4 | (2) All instances when a peace officer resigned while under investigation for violating |
5 | department policy; |
6 | (3) All data relating to contacts conducted by its peace officers, including: |
7 | (i) The perceived demographic information of the person contacted; provided, that the |
8 | identification of these characteristics is based on the observation and perception of the peace officer |
9 | making the contact and other available data; |
10 | (ii) Whether the contact was a traffic stop; |
11 | (iii) The time, date, and location of the contact; |
12 | (iv) The duration of the contact; |
13 | (v) The reason for the contact; |
14 | (vi) The suspected crime; |
15 | (vii) The result of the contact, such as: |
16 | (A) No action, warning, citation, property seizure, or arrest; |
17 | (B) If a warning or citation was issued, the warning provided or violation cited; |
18 | (C) If an arrest was made, the offense charged; and |
19 | (D) If the contact was a traffic stop, the information collected, which is limited to the driver; |
20 | (viii) The actions taken by the peace officer during the contact, including, but not limited |
21 | to, whether: |
22 | (A) The peace officer asked for consent to search the person, and, if so, whether consent |
23 | was provided; |
24 | (B) The peace officer searched the person or any property, and, if so, the basis for the |
25 | search and the type of contraband or evidence discovered, if any; |
26 | (C) The peace officer seized any property and, if so, the type of property that was seized |
27 | and the basis for seizing the property; |
28 | (D) A peace officer unholstered a weapon during the contact; and |
29 | (E) A peace officer discharged a firearm during the contact; |
30 | (4) All instances of unannounced entry into a residence, with or without a warrant, |
31 | including: |
32 | (i) The date, time, and location of the use of unannounced entry; |
33 | (ii) The perceived demographic information of the subject of the unannounced entry; |
34 | provided, that the identification of these characteristics is based on the observation and perception |
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1 | of the peace officer making the entry and other available data; |
2 | (iii) Whether a peace officer unholstered a weapon during the unannounced entry; and |
3 | (iv) Whether a peace officer discharged a firearm during the unannounced entry. |
4 | (c) The Rhode Island state police and local law enforcement agencies shall not report the |
5 | name, address, social security number, or other unique personal identifying information of the |
6 | subject of the use of force, victim of the official misconduct, or persons contacted, searched, or |
7 | subjected to a property seizure. Notwithstanding any provision of law to the contrary, the data |
8 | reported pursuant to this section shall be available to the public. |
9 | (d) The attorney general shall maintain a statewide database with data collected pursuant |
10 | to this section, in a searchable format, and publish the database on its website. |
11 | (e) The Rhode Island state police and any local law enforcement agency that fails to meet |
12 | its reporting requirements pursuant to this section is subject to the suspension of its funding by its |
13 | appropriating authority. |
14 | 42-160-8. Documented excessive force. |
15 | Notwithstanding any provision of law, if any peace officer is convicted of or pleads guilty |
16 | or nolo contendere to a crime involving the unlawful use or threatened use of physical force, a |
17 | crime involving the failure to intervene in the use of unlawful force, or is found civilly liable for |
18 | the use of unlawful physical force, or is found civilly liable for failure to intervene in the use of |
19 | unlawful force, the chief law enforcement officer for the offender's department shall impose |
20 | discipline up to and including termination to the extent permitted by the provisions of chapter 28.6 |
21 | of title 42. |
22 | 42-160-9. Restricted force in response to protests. |
23 | In response to a protest or demonstration, a law enforcement agency and any person acting |
24 | on behalf of the law enforcement agency shall not: |
25 | (1) Discharge kinetic impact projectiles and all other non- or less-lethal projectiles in a |
26 | manner that targets the head, pelvis, or back; |
27 | (2) Discharge kinetic impact projectiles indiscriminately into a crowd; or |
28 | (3) Use chemical agents or irritants, including pepper spray and tear gas, prior to issuing |
29 | an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, |
30 | followed by sufficient time and space to allow compliance with the order. |
31 | 42-160-10. Civil action for deprivation of rights. |
32 | (a) A peace officer, employed by a local government who, under color of law, subjects or |
33 | causes to be subjected, including failing to intervene, any other person to the deprivation of any |
34 | individual rights that create binding obligations on government actors secured by the United States |
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1 | Constitution, or by the state constitution, is liable to the injured party for legal or equitable relief or |
2 | any other appropriate relief. |
3 | (b)(1) Statutory immunities and statutory limitations on liability, damages, or attorneys' |
4 | fees shall not apply to claims brought pursuant to this section. |
5 | (2) Qualified immunity is not a defense to liability pursuant to this section. |
6 | (c) In any action brought pursuant to this section, a court shall award reasonable attorneys' |
7 | fees and costs to a prevailing plaintiff. In actions for injunctive relief, a court shall deem a plaintiff |
8 | to have prevailed if the plaintiff's suit was a substantial factor or significant catalyst in obtaining |
9 | the results sought by the litigation. When a judgment is entered in favor of a defendant, the court |
10 | may award reasonable costs and attorney fees to the defendant for defending any claims the court |
11 | finds frivolous. |
12 | (d) Notwithstanding any other provision of law, a peace officer's employer shall indemnify |
13 | its peace officers for any liability incurred by the peace officer and for any judgment or settlement |
14 | entered against the peace officer for claims arising pursuant to this section; except that, if the peace |
15 | officer's employer determines that the officer did not act upon a good faith and reasonable belief |
16 | that the action was lawful, then the peace officer shall be personally liable and shall not be |
17 | indemnified by the peace officer's employer for five percent (5%) of the judgment or settlement or |
18 | twenty-five thousand dollars ($25,000), whichever is less. Notwithstanding any provision of this |
19 | section to the contrary, if the peace officer's portion of the judgment is uncollectible from the peace |
20 | officer, the peace officer's employer or insurer shall satisfy the full amount of the judgment or |
21 | settlement. A public entity does not have to indemnify a peace officer if the peace officer was |
22 | convicted of a criminal violation for the conduct from which the claim arises. |
23 | (5) A civil action pursuant to this section shall be commenced within three (3) years after |
24 | the cause of action accrues. |
25 | 42-160-11. Use of force by peace officers. |
26 | (a) Peace officers, in carrying out their duties, shall apply nonviolent means, when possible, |
27 | before resorting to the use of physical force. A peace officer may use physical force only if |
28 | nonviolent means would be ineffective in effecting an arrest, preventing an escape, or preventing |
29 | an imminent threat of serious bodily injury or death to the peace officer or another person. |
30 | (b) When physical force is used, a peace officer shall: |
31 | (1) Not use deadly physical force to apprehend a person who is suspected of only a minor |
32 | or nonviolent offense; |
33 | (2) Use only a degree of force consistent with the minimization of injury to others; |
34 | (3) Ensure that assistance and medical aid are rendered to any injured or affected persons |
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1 | as soon as practicable; and |
2 | (4) Ensure that any identified relatives or next of kin of persons who have sustained serious |
3 | bodily injury or death are notified as soon as practicable. |
4 | (c) A peace officer is prohibited from using a chokehold upon another person. For the |
5 | purposes of this subsection, "chokehold" means a method by which a person applies sufficient |
6 | pressure to a person to make breathing difficult or impossible and includes, but is not limited to, |
7 | any pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce intake |
8 | of air. "Chokehold" also means applying pressure to a person's neck on either side of the windpipe, |
9 | but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries. |
10 | (d) A peace officer is justified in using deadly physical force to make an arrest only when |
11 | all other means of apprehension are unreasonable given the circumstances and: |
12 | (1) The arrest is for a felony involving conduct including the use or threatened use of deadly |
13 | physical force; |
14 | (2) The suspect poses an immediate threat to the peace officer or another person; and |
15 | (3) The force employed does not create a substantial risk of injury to other persons. |
16 | (e) A peace officer shall identify himself or herself as a peace officer and give a clear verbal |
17 | warning of his or her intent to use firearms or other deadly physical force, with sufficient time for |
18 | the warning to be observed, unless to do so would unduly place peace officers at risk of injury, or |
19 | would create a risk of death or injury to other persons. Notwithstanding any other provisions in this |
20 | section, a peace officer is justified in using deadly force if the peace officer has an objectively |
21 | reasonable belief that a lesser degree of force is inadequate and the peace officer has objectively |
22 | reasonable grounds to believe, and does believe, that he/she or another person is in imminent danger |
23 | of being killed or of receiving serious bodily injury. |
24 | 42-160-12. Duty to report use of force by peace officers -- Duty to intervene. |
25 | (a) A peace officer shall intervene to prevent or stop another peace officer from using |
26 | physical force that exceeds the degree of force permitted, if any, by the provisions of this chapter. |
27 | This intervention shall include, but not be limited to, circumstances in which the other peace officer |
28 | is carrying out an arrest of any person, placing any person under detention, taking any person into |
29 | custody, booking any person, or in the process of crowd control or riot control, without regard for |
30 | chain of command. |
31 | (b) A peace officer who intervenes as required by subsection (a) of this section, shall report |
32 | the intervention to his or her immediate supervisor. |
33 | (c) At a minimum, the report required by subsection (b) of this section shall include the |
34 | date, time, and place of the occurrence; the identity, if known, and description of the participants; |
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1 | and a description of the intervention actions taken. This report shall be made in writing within ten |
2 | (10) days of the occurrence of the use of such force and shall be appended to all other reports of |
3 | the incident. |
4 | (d) A member of a law enforcement agency shall not discipline or retaliate in any way |
5 | against a peace officer for intervening as required by subsection (a) of this section, or for reporting |
6 | unconstitutional conduct, or for failing to follow what the officer reasonably believes is an |
7 | unconstitutional directive. |
8 | (e) Any peace officer who fails to intervene to prevent the use of unlawful force as |
9 | prescribed in this section commits a misdemeanor punishable by confinement of not more than one |
10 | year and/or a fine of not more than one thousand dollars ($1,000). Nothing in this subsection shall |
11 | prohibit or discourage prosecution of any other criminal offense related to failure to intervene, |
12 | including a higher charge, if supported by the evidence. |
13 | (f) When an internal investigation finds that a peace officer failed to intervene to prevent |
14 | the use of unlawful physical force as prescribed in this section, this finding shall be presented to |
15 | the attorney general in order that he or she can determine whether charges should be filed pursuant |
16 | to this section; provided, however, nothing in this subsection shall prohibit the attorney general |
17 | from charging an officer with failure to intervene before the conclusion of any internal |
18 | investigation. |
19 | (g) In addition to any criminal liability and penalty under the law, when an internal |
20 | investigation finds that a peace officer failed to intervene as required by subsection (a) of this |
21 | section in an incident resulting in serious bodily injury or death to any person, the peace officer's |
22 | employer shall subject the peace officer to discipline, up to and including termination, pursuant to |
23 | the provisions of chapter 28.6 of title 42. |
24 | (h) In a case in which the department of the attorney general charges a peace officer with |
25 | offenses related to and based upon the use of excessive force but does not file charges against any |
26 | other peace officer or officers who were at the scene during the use of force, the attorney general |
27 | shall prepare a written report explaining the attorney general's basis for the decision not to charge |
28 | any other peace officer with any criminal conduct and shall publicly disclose the report to the |
29 | public; except that if disclosure of the report would substantially interfere with or jeopardize an |
30 | ongoing criminal investigation, the attorney general may delay public disclosure for up to forty- |
31 | five (45) days. The attorney general shall post the written report on its website. Nothing in this |
32 | section is intended to prohibit or discourage criminal prosecution of an officer who failed to |
33 | intervene for conduct in which the facts support a criminal charge, including under a complicity |
34 | theory, or for an inchoate offense. |
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1 | 42-160-13. Training. |
2 | Each law enforcement agency in the state shall train its peace officers regarding compliance |
3 | with the provisions of this chapter. |
4 | 42-160-14. Peace officer -- Involved death investigations -- Disclosure. |
5 | Notwithstanding any other law to the contrary, with respect to a peace officer involved in |
6 | an investigation resulting in death, if the attorney general refers the matter under investigation to |
7 | the grand jury, the attorney general shall release a statement at the time the matter is referred to the |
8 | grand jury disclosing the general purpose of the grand jury's investigation. If a no true bill is |
9 | returned, the grand jury shall issue and publish a report. |
10 | 42-160-15. Profiling -- Officer identification. |
11 | (a) If a peace officer shall make a contact, whether consensual or nonconsensual, for the |
12 | purpose of enforcing the law or investigating possible violations of the law, then after making |
13 | contact, a peace officer shall report to the peace officer's employing agency: |
14 | (1) The perceived demographic information of the person contacted; provided, that the |
15 | identification of these characteristics is based on the observation and perception of the peace officer |
16 | making the contact and other available data; |
17 | (2) Whether the contact was a traffic stop; |
18 | (3) The time, date, and location of the contact; |
19 | (4) The duration of the contact; |
20 | (5) The reason for the contact; |
21 | (6) The suspected crime; |
22 | (7) The result of the contact, such as: |
23 | (i) No action, warning, citation, property seizure, or arrest; |
24 | (ii) If a warning or citation was issued, the warning provided or violation cited; |
25 | (iii) If an arrest was made, the offense charged; |
26 | (iv) If the contact was a traffic stop, the information collected, which is limited to the driver; |
27 | (6) The actions taken by the peace officer during the contact, including, but not limited to, |
28 | whether: |
29 | (i) The peace officer asked for consent to search the person, vehicle, or other property, and, |
30 | if so, whether consent was provided; |
31 | (ii) The peace officer searched the person or any property, and, if so, the basis for the search |
32 | and the type of contraband or evidence discovered, if any; |
33 | (iii) The peace officer seized any property, and, if so, the type of property that was seized |
34 | and the basis for seizing the property; |
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1 | (iv) A peace officer unholstered a weapon during the contact; and |
2 | (v) A peace officer discharged a firearm during the contact. |
3 | (b) A peace officer shall provide, without being asked, the peace officer's business card to |
4 | any person whom the peace officer has detained in a traffic stop but has not cited or arrested. The |
5 | business card shall include identifying information about the peace officer, including, but not |
6 | limited to, the peace officer's name, division, precinct, and badge or other identification number; a |
7 | telephone number that may be used, if necessary, to report any comments, positive or negative, |
8 | regarding the traffic stop; and information about how to file a complaint related to the contact. The |
9 | identity of the reporting person and the report of any such comments that constitute a complaint |
10 | shall initially be kept confidential by the receiving law enforcement agency, to the extent permitted |
11 | by law. The receiving law enforcement agency shall be permitted to obtain some identifying |
12 | information regarding the complaint to allow initial processing of the complaint. If it becomes |
13 | necessary for the further processing of the complaint for the complainant to disclose the |
14 | complainant's identity, the complainant shall do so or, at the option of the receiving law |
15 | enforcement agency, the complaint may be dismissed. |
16 | 42-160-15. Public integrity -- Patterns in practice. |
17 | (a) It shall be unlawful for any governmental authority, or any agent thereof, or any person |
18 | acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by peace |
19 | officers or by officials or employees of any governmental agency that deprives persons of rights, |
20 | privileges, or immunities secured or protected by the constitution or laws of the United States or |
21 | the state of Rhode Island. |
22 | (b) Whenever the attorney general has reasonable cause to believe that a violation of this |
23 | section has occurred, the attorney general, for or in the name of the state of Rhode Island, may in a |
24 | civil action obtain any and all appropriate relief to eliminate the pattern or practice. Before filing |
25 | suit, the attorney general shall notify the government authority or any agent thereof, and provide it |
26 | with the factual basis that supports his or her reasonable cause to believe a violation occurred. Upon |
27 | receipt of the factual basis, the government authority, or any agent thereof, has sixty (60) days to |
28 | change or eliminate the identified pattern or practice, if the identified pattern or practice is not |
29 | changed or eliminated after sixty (60) days, the attorney general may file a civil lawsuit. |
30 | SECTION 2. Chapter 11-1 of the General Laws entitled "General Provisions" is hereby |
31 | amended by adding thereto the following section: |
32 | 11-1-12. Criminal offenses for conduct of a peace officer. |
33 | It shall be a felony punishable by imprisonment for not more than ten (10) years if serious |
34 | injury results, and in the event that serious bodily injury does not result, punishment shall be |
| LC002010 - Page 12 of 14 |
1 | imprisonment for not more than three (3) years for any peace officer that uses the following force |
2 | when said force is not justified pursuant to § 42-160-11: |
3 | (1) Conducting a "chokehold" on an alleged suspect or criminal assailant which is defined |
4 | pursuant to § 42-160-11(c). |
5 | (2) Using their foot as a weapon to kick an alleged suspect or criminal assailant in the head |
6 | and/or head area. |
7 | (3) Using a motor vehicle to drive in the immediate direction of an alleged suspect or |
8 | criminal assailant in the manner as to use said vehicle as a weapon against an alleged suspect or |
9 | criminal assailant. |
10 | SECTION 3. This act shall take effect upon passage. |
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| LC002010 - Page 13 of 14 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- RISHOD K. GORE JUSTICE IN | |
POLICING ACT OF 2021 | |
*** | |
1 | This act would provide police reform by requiring body cameras and makes certain |
2 | methods of restraint a felony such as chokeholds and using the foot as a weapon. |
3 | This act would take effect upon passage. |
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| LC002010 - Page 14 of 14 |