2024 -- H 7310

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LC004171

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- COMPREHENSIVE COMMUNITY --

POLICE RELATIONSHIP ACT OF 2015

     Introduced By: Representatives Batista, Sanchez, Knight, Morales, Potter, and Cruz

     Date Introduced: January 26, 2024

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-21.2-5 of the General Laws in Chapter 31-21.2 entitled

"Comprehensive Community-Police Relationship Act of 2015" is hereby amended to read as

follows:

     31-21.2-5. Law enforcement practices.

     (a) Unless there exists reasonable suspicion or probable cause of criminal activity, no motor

vehicle stopped for a traffic violation shall be detained beyond the time needed to address the

violation. Nothing contained herein shall prohibit the detention of a motor vehicle for a reasonable

period of time for the arrival of a canine unit or subsequent criminal investigation if there is

reasonable suspicion or probable cause of criminal activity.

     (b) No operator or owner-passenger of a motor vehicle shall be requested to consent to a

search by a law enforcement officer of his or her motor vehicle, that is stopped solely for a traffic

violation, unless there exists reasonable suspicion or probable cause of criminal activity. No

passenger of a motor vehicle or pedestrian shall be requested to consent to a search by a law

enforcement officer of his or her person, unless there exists reasonable suspicion or probable cause

of criminal activity. No juvenile shall be requested to consent to a search by a law enforcement

officer unless there exists reasonable suspicion or probable cause of criminal activity. In those

instances in which a warrant would be required, a law enforcement officer must advise the juvenile

that he or she may refuse to consent to, or limit the scope of, any requested search. The

determination of age of the individual shall be based on the perception of the officer making a good

faith effort in advance of requesting consent. Nothing contained in this subsection shall be

construed to prohibit a law enforcement officer from conducting a pat down search for weapons

based upon a reasonable belief that the person is armed and that the officer’s personal safety may

be jeopardized.

     (c) Each search conducted by a law enforcement officer that does not result in criminal

charges shall be documented in a computer-aided dispatch (CAD) entry or other police-generated

report. Each search conducted by a law enforcement officer that results in criminal charges shall

be documented in a police-generated report. The CAD entry or formal police report shall include

the date, time, and location of the stop/search, along with the “reasonable suspicion” or “probable

cause” leading to the search. The CAD entry or formal police report shall also include the race, age,

and gender of the individual(s) searched and the results of the search. The document, exclusive of

information identifying the law enforcement officer, shall be a public record, subject to the access

to public records act, § 38-2-2(4)(D), law enforcement exemptions. For purposes of this section,

“computer-aided dispatch” (CAD) means an electronic system used by public safety agencies to

facilitate incident response and communications in the field that electronically records information

on call taking, dispatching, location verification, mapping, and other functions for public safety.

     (d) With the exception of operators who are subject to federal motor carrier regulations, no

operator of a motor vehicle shall be requested to provide any documentation or identification other

than a driver’s license, motor vehicle registration, and/or proof of insurance when the motor vehicle

has been stopped solely for a traffic violation, unless there exists reasonable suspicion or probable

cause of criminal activity or the operator has failed to produce a valid driver’s license. No passenger

of a stopped motor vehicle or pedestrian shall be required to identify themselves to law enforcement

unless there exists reasonable suspicion or probable cause that the passenger or pedestrian is

engaged in criminal activity.

     (e) If a violation of the traffic laws in this title is used to stop a motor vehicle for non-

related investigatory reasons, the law enforcement officer shall document in writing or

electronically the investigatory basis for the stop. The documentation of such stops shall commence

no later than twelve (12) months after passage of this act and shall be assessed every six (6) months

by the respective police department as to whether the suspicion was justified and the data be made

publicly available, subject to the access to public records act, § 38-2-2(4)(D), law enforcement

exemptions.

     (f) Any evidence obtained as a result of a search prohibited by subsection (a) or (b) shall

be inadmissible in any judicial proceeding. Nothing contained herein shall be construed to preclude

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any search otherwise based upon any legally sufficient cause.

     (g) Law enforcement agencies using video and/or audio surveillance cameras in their

vehicles, or equipping their officers with body worn cameras shall adopt written policies and

procedures regarding the use of such cameras, which shall be public records, and which shall

include, but not be limited to, the following standards:

     (1) All motor vehicle stops conducted by police vehicles with such equipment shall be

recorded barring exceptions outlined below. In an effort to objectively memorialize relevant

observations, the recording shall begin no later than when an officer first signals the vehicle to stop;

and, barring conditions that could compromise a sensitive investigation, jeopardize the safety of a

vehicle occupant or cooperating victim/witness and/or unforeseen equipment malfunction, the

recording shall continue until the motor vehicle stop is completed and the stopped vehicle departs,

or until the officer’s participation in the motor vehicle stop ends;

     (2) Law enforcement agencies that acquire video and/or audio surveillance cameras for use

in their vehicles shall:

     (i) Notify the office of highway safety of the Rhode Island department of transportation

that such equipment has been acquired and will be in use and the department of transportation shall

post notice of such use on its website;

     (ii) Issue a press release advising the public that such equipment will be in use; and

     (iii) Post notice on its website that such equipment will be in use;

     (3) A chain of custody of the video/audio recordings, hereafter referred to as

“recording(s),” shall be maintained;

     (4)(i) A driver of a motor vehicle who was recorded by a video/audio surveillance camera,

and/or his or her legal counsel, shall have the right to view the in-car recording at the police station,

receive a copy of any such recording provided that the viewing does not compromise an active

investigation;

     (ii) A passenger of a motor vehicle who was recorded by a video/audio surveillance camera,

and/or his or her legal counsel, shall have the right to view the in-car recording at the police station

if that passenger became the subject of the police interaction recorded, provided that the viewing

does not compromise an active investigation;

     (5) The policy shall address the period of retention for such recordings, and procedures to

be used to ensure that the recording equipment is in proper working order, and shall bar the

destruction of any recording of an incident that is the subject of a pending complaint, misconduct

investigation, or civil or criminal proceeding. Such recordings shall be retained for a minimum of

ten (10) days after the final resolution of such investigation or proceeding, including the time for

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any appeal;

     (6) The policy shall explicitly prohibit any violation of these requirements, including any

attempts to disengage or tamper with the video/audio surveillance equipment, deliberately and

prematurely erase or alter a recording, or to otherwise fail to record stops as specified herein barring

the aforementioned limited exceptions; and

     (7) The video/audio surveillance recordings regulated by this section shall not be deemed

public records under the access to public records act, § 38-2-1 et seq. A court may impose any

appropriate remedy in any civil or criminal proceeding where a knowing and willful violation of

these standards is found to have been committed.

     (h) Law enforcement officers shall advise any motorist or pedestrian who is stopped of the

reason for the stop prior to engaging in any questioning related to the traffic violation or other

investigation. The officer shall document the reason for the stop on any citation or police report

resulting from the stop.

     (i) Law enforcement agencies with mobile display terminals in police vehicles shall adopt

policies and procedures governing their use that shall include the criteria necessary to initiate a

record check on a motor vehicle license or registrant. All law enforcement agencies must comply

with state and federal guidelines related to the use and access of Rhode Island law enforcement

telecommunication system (RILETS) and National Criminal Identification Center (NCIC).

     (j) The policies and procedures established by this section shall be added to, and

prominently placed in, all relevant departmental policy and training manuals. Other appropriate

training about the requirements of this chapter shall also be provided to all officers.

     (k) A peace officer shall disclose the reason for a traffic or pedestrian stop before engaging

in questioning related to a criminal investigation or traffic violation, unless the officer reasonably

believes that withholding the reason for the stop is necessary to protect life or property from

imminent threat, and shall document the reason for the stop on any citation or police report resulting

from the stop.

     SECTION 2. This act shall take effect upon passage.

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LC004171

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- COMPREHENSIVE COMMUNITY --

POLICE RELATIONSHIP ACT OF 2015

***

     This act would mandate a police officer to disclose the reason for a traffic stop or pedestrian

stop before engaging in questioning related to a criminal investigation or traffic violation.

     This act would take effect upon passage.

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LC004171

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