2024 -- S 2096 SUBSTITUTE A AS AMENDED | |
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LC003848/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT | |
OFFICERS' BILL OF RIGHTS | |
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Introduced By: Senators Ruggerio, Pearson, Gallo, Tikoian, LaMountain, Kallman, | |
Date Introduced: January 12, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. The title of Chapter 42-28.6 of the General Laws entitled "Law Enforcement |
2 | Officers’ Bill of Rights" is hereby amended to read as follows: |
3 | CHAPTER 42-28.6 |
4 | Law Enforcement Officers’ Bill of Rights |
5 | CHAPTER 42-28.6 |
6 | LAW ENFORCEMENT OFFICERS’ DUE PROCESS, ACCOUNTABILITY, AND |
7 | TRANSPARENCY ACT |
8 | SECTION 2. Sections 42-28.6-1, 42-28.6-2, 42-28.6-4, 42-28.6-5, 42-28.6-6, 42-28.6-11, |
9 | 42-28.6-13 and 42-28.6-15 of the General Laws in Chapter 42-28.6 entitled "Law Enforcement |
10 | Officers’ Bill of Rights" are hereby amended to read as follows: |
11 | 42-28.6-1. Definitions — Payment of legal fees. |
12 | As used in this chapter, the following words have the meanings indicated: |
13 | (1) "Course of training in police discipline" means a course or courses of instruction |
14 | approved by the Rhode Island police officers commission on standards and training ("commission") |
15 | which shall be taught by instructors approved by the commission regarding the provisions of |
16 | chapter 28.6 of this title and the applicable procedure, evidence and rules that apply to police |
17 | discipline as provided pursuant to § 42-28.6-1.2. |
18 | (1)(2) “Law enforcement officer” means any permanently employed city or town police |
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1 | officer, state police officer, permanent law enforcement officer of the department of environmental |
2 | management, or those employees of the airport corporation of Rhode Island who have been granted |
3 | the authority to arrest by the director of said corporation. However this shall not include the chief |
4 | of police and/or the highest ranking sworn officer of any of the departments including the director |
5 | and deputy director of the airport corporation of Rhode Island. |
6 | (2)(3)(i) “Hearing committee” means a committee acting as a deliberative body which is |
7 | authorized to hold a hearing on a complaint against a law enforcement officer and which consists |
8 | of three (3) five (5) members: one member appointed by the chief justice of the supreme court who |
9 | shall be a retired justice or judge of the supreme, superior or district court; one member appointed |
10 | by the chief justice of the supreme court, who is a practicing attorney in good standing with the |
11 | supreme court, in consultation with the court's committee on racial and ethnic fairness and the |
12 | Rhode Island Bar Association and its committee on diversity, equity and inclusion; and three (3) |
13 | active or retired qualified law enforcement officers employed by or retired from the state police or |
14 | a municipal law enforcement agency from within the state of Rhode Island, other than chiefs of |
15 | police, who have had no part in the investigation or interrogation of the law enforcement officer. |
16 | The committee shall be composed of three (3) members; one member selected by the chief or the |
17 | highest ranking officer of the law enforcement agency, one member selected by the aggrieved law |
18 | enforcement officer and the third member shall be selected by the other two (2) members. In the |
19 | event that the other two (2) members are unable to agree within five (5) days, then either member |
20 | will make application to the presiding justice of the superior court and the presiding justice shall |
21 | appoint the third member who shall be an active law enforcement officer who shall be selected at |
22 | random by the Rhode Island police officers commission on standards and training from the certified |
23 | officer pool established pursuant to § 42-28.6-1.1 at an open meeting pursuant to chapter 42 of title |
24 | 46. No law enforcement officer shall be selected that is employed by or retired from the same law |
25 | enforcement agency that employs the accused law enforcement officer or who is employed by or |
26 | retired from the charging law enforcement agency. The retired justice or judge appointed by the |
27 | chief justice of the supreme court shall serve as chairperson of the hearing committee. Upon written |
28 | application by a majority of the hearing committee, the presiding justice chairperson, in his or her |
29 | their discretion, may also appoint legal counsel to assist the hearing committee. |
30 | (ii) The law enforcement agency and the accused law enforcement officer under |
31 | investigation shall each be responsible to pay fifty percent (50%) of the legal fee of the appointed |
32 | legal counsel for the hearing committee; provided, however, that on motion made by either party, |
33 | the presiding justice chair of the hearing committee shall have the authority to make a different |
34 | disposition as to what each party is required to pay toward the appointed legal counsel’s legal fee. |
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1 | (3)(4) “Hearing” means any meeting in the course of an investigatory proceeding, other |
2 | than an interrogation at which no testimony is taken under oath, conducted by a hearing committee |
3 | for the purpose of taking or adducing testimony or receiving evidence. |
4 | (5) "Qualified law enforcement officer" means: |
5 | (i) A sworn law enforcement officer who: |
6 | (A) Has a minimum of five (5) years active service as a law enforcement officer with a law |
7 | enforcement agency within the state; |
8 | (B) Has successfully completed a course(s) of training in police discipline pursuant to this |
9 | chapter and has maintained a current certification of completed training; and |
10 | (C) Has not achieved the rank of chief, colonel, deputy chief, or lieutenant colonel; |
11 | (ii) A retired law enforcement officer who has qualified prior to retirement or during |
12 | retirement and has met the criteria set out herein. |
13 | 42-28.6-2. Conduct of investigation. |
14 | (a) Whenever a law enforcement officer is under investigation or subjected to interrogation |
15 | by a law enforcement agency, for a non-criminal matter which could lead to disciplinary action, |
16 | demotion, or dismissal, the investigation or interrogation shall be conducted under the following |
17 | conditions: |
18 | (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when |
19 | the law enforcement officer is on duty. |
20 | (2) The interrogation shall take place at an office within the department previously |
21 | designated for that purpose by the chief of police. |
22 | (3) The accused law enforcement officer under interrogation shall be informed of the name, |
23 | rank, and command of the officer in charge of the investigation, the interrogating officer, and all |
24 | persons present during the interrogation. All questions directed to the officer under interrogation |
25 | shall be asked by and through one interrogator. |
26 | (4) No complaint against a law enforcement officer shall be brought before a hearing |
27 | committee unless the complaint be duly sworn to before an official authorized to administer oaths. |
28 | (5) The accused law enforcement officer under investigation shall, prior to any |
29 | interrogating interrogation, be informed in writing of the nature of the complaint and of the names |
30 | of all complainants. |
31 | (6) Interrogating Interrogation sessions shall be for reasonable periods and shall be timed |
32 | to allow for such personal necessities and rest periods as are reasonably necessary. |
33 | (7) Any law enforcement officer under interrogation shall not be threatened with transfer, |
34 | dismissal, or disciplinary action. |
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1 | (8) If any law enforcement officer under interrogation is under arrest, or is likely to be |
2 | placed under arrest as a result of the interrogation, he or she they shall be completely informed of |
3 | all his or her their rights prior to the commencement of the interrogation. |
4 | (9) At the request of any accused law enforcement officer under interrogation, he or she |
5 | they shall have the right to be represented by counsel of his or her their choice who shall be present |
6 | at all times during the interrogation. The interrogation shall be suspended for a reasonable time, not |
7 | exceeding seven (7) days, until representation can be obtained. |
8 | (10) No statute shall abridge nor shall any law enforcement agency adopt any regulation |
9 | which prohibits the right of a an accused law enforcement officer to bring suit arising out of his or |
10 | her their duties as a law enforcement officer. |
11 | (11) No law enforcement agency shall insert any adverse material into any file of the officer |
12 | unless the officer has an opportunity to review and receive a copy of the material in writing, unless |
13 | the officer waives these rights in writing. |
14 | (12) No public statement shall be made prior to a decision being rendered by the hearing |
15 | committee and no public statement shall be made if the officer is found innocent unless the officer |
16 | requests a public statement; provided, however, that this subdivision shall not apply if the officer |
17 | makes a public statement. The foregoing shall not preclude a law enforcement agency, in a criminal |
18 | matter, from releasing information pertaining to criminal charges which have been filed against a |
19 | law enforcement officer, the officer’s status of employment and the identity of any administrative |
20 | charges brought against said officer as a result of said criminal charges. |
21 | (13)(12) No law enforcement officer shall be compelled to speak or testify before, or be |
22 | questioned by, any non-governmental agency. |
23 | (b) A chief, or designee shall not be prohibited from releasing any video evidence |
24 | consistent with the provisions of the access to public records act and the rules and regulations |
25 | promulgated pursuant to chapter 161 of title 42, or from making a public statement about or |
26 | concerning an incident or matter of public interest involving any law enforcement officer employed |
27 | by the chief's law enforcement agency. Provided, however, a chief, or designee shall be prohibited |
28 | from making a public statement about or concerning an incident or matter of public interest |
29 | involving any law enforcement officer employed by the chief's law enforcement agency as it relates |
30 | to summary suspensions imposed pursuant to § 42-28.6-13(I)(b). Any release of video as it relates |
31 | to a summary suspension imposed pursuant to § 42-28.6-13(I)(b) shall be consistent with the |
32 | provisions of the access to public records act and the rules and regulations promulgated pursuant |
33 | to chapter 161 of title 42. |
34 | (c) Nothing in this chapter shall be construed as prohibiting the accused law enforcement |
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1 | officer from making any public statement. |
2 | 42-28.6-4. Right to hearing — Notice request for hearing — Selection of hearing |
3 | committee. |
4 | (a) If the investigation or interrogation of a law enforcement officer results in the |
5 | recommendation of some action, such as demotion, transfer, dismissal, loss of pay, reassignment, |
6 | or similar action which would be considered a punitive measure, then, before taking such action, |
7 | the law enforcement agency shall give notice to the law enforcement officer that he or she is entitled |
8 | to a hearing on the issues by a hearing committee. The law enforcement officer may be relieved of |
9 | duty subject to § 42-28.6-13 of this chapter, and shall receive all ordinary pay and benefits as he |
10 | or she would have if he or she were not charged. |
11 | Disciplinary action for violation(s) of departmental rules and/or regulations shall not be |
12 | instituted against a an accused law enforcement officer under this chapter more than three (3) years |
13 | after such incident, except where such incident involves a potential criminal offense, in which case |
14 | disciplinary action under this chapter may be instituted at any time within the statutory period of |
15 | limitations for such offense. |
16 | (b) Notice under this section shall be in writing and shall inform the law enforcement |
17 | officer of the following: |
18 | (i) The nature of the charge(s) against him or her them and, if known, the date(s) of the |
19 | alleged offense(s); |
20 | (ii) The recommended penalty; |
21 | (iii) The fact that he or she the accused law enforcement officer has five (5) days from |
22 | receipt of the notice within which to submit a written request for a hearing; and |
23 | (iv) The name and address of the officer to whom a written request for a hearing (and other |
24 | related written communications) should be addressed. |
25 | (c) The accused law enforcement officer shall, within five (5) days of his or her their receipt |
26 | of notice given pursuant to subsection (b) herein, file a written request for hearing with the officer |
27 | designated in accordance with subdivision subsection (b)(iv) of this section. Failure to file a written |
28 | request for a hearing shall constitute a waiver of his or her their right to a hearing under this chapter; |
29 | provided, however, that the presiding justice of the superior court, upon petition and for good cause |
30 | shown, may permit the filing of an untimely request for hearing. |
31 | (d) The law enforcement officer shall provide the charging law enforcement agency with |
32 | the name of one active or retired law enforcement officer to serve on the hearing committee, within |
33 | five (5) days of the filing of his or her request for a hearing. Failure by the law enforcement officer |
34 | to file his or her filing committee selection within the time period shall constitute a waiver of his |
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1 | or her right to a hearing under this chapter; provided, however, that the presiding justice of the |
2 | superior court, upon petition and for good cause shown, may permit the filing of an untimely |
3 | hearing committee selection by the officer. The charging law enforcement agency may impose the |
4 | recommended penalty during the pendency of any such petition. |
5 | (e) The charging law enforcement agency shall provide the law enforcement officer with |
6 | the name of one active or retired law enforcement officer to serve on the hearing committee, within |
7 | five (5) days of its receipt of the officer’s request for a hearing. Failure by the charging law |
8 | enforcement agency to file its hearing committee selection within that time period shall constitute |
9 | a dismissal of all charges against the law enforcement officer, with prejudice; provided, however, |
10 | that the presiding justice of the superior court, upon petition and for good cause shown, and permit |
11 | the filing of an untimely hearing committee selection by the agency. Except as expressly provided |
12 | in § 42-28.6-13 of this chapter, no disciplinary action shall be taken against the officer by virtue |
13 | of the stated charges during the pendency of any such petition. |
14 | (f) Within five (5) days of the charging law enforcement agency’s selection of a hearing |
15 | committee member, the hearing committee members selected by the officer and by the agency |
16 | shall: |
17 | (i) Jointly select a third hearing committee member, who shall serve as chairperson of the |
18 | hearing committee; |
19 | (ii) Petition the presiding justice of the superior court to select a third hearing committee |
20 | member, who shall be an active law enforcement officer, and who shall serve as chairperson of the |
21 | hearing committee; or |
22 | (iii) Agree to an extension of time, not to exceed thirty (30) days, for the selection of a third |
23 | hearing committee member. |
24 | (d) Upon receipt of the notice requesting a hearing pursuant to the provisions of subsection |
25 | (c) of this section, the police chief or highest ranking officer in the law enforcement agency shall, |
26 | within five (5) days, notify the chief justice of the Rhode Island supreme court requesting that a |
27 | retired justice or judge be assigned to serve as chairperson of the hearing committee defined in § |
28 | 42-28.6-1. Within five (5) days of receipt of the request, the chief justice shall assign a retired |
29 | justice or judge to serve as chairperson of the committee and an attorney to serve on the hearing |
30 | committee consistent with the requirements set out in § 42-28.6-1.3. |
31 | (e) The chairperson of the hearing committee shall, within five (5) days of appointment: |
32 | (1) Request the Rhode Island police officers commission on standards and training to |
33 | randomly select three (3) officers from the certified officer pool. |
34 | (f) The chairperson of the hearing committee shall convene an initial meeting or hearing of |
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1 | the committee within thirty (30) days of chair's appointment pursuant to the provisions of this |
2 | chapter. |
3 | (g) Law enforcement officers selected to serve on a hearing committee under this chapter |
4 | shall be relieved of duty for each day of actual hearing and shall be compensated by their respective |
5 | agencies at their ordinary daily rate of pay for each day actually spent in the conduct of the hearing |
6 | hereunder. |
7 | (h) Two (2) lists of active police officers available to serve as chairpersons of hearing |
8 | committees under this chapter shall be provided annually to the presiding justice of the superior |
9 | court. One list shall be provided by the Rhode Island Police Chiefs’ Association; the other shall be |
10 | appointed, jointly, by the Fraternal Order of Police and the International Brotherhood of Police |
11 | Officers. In selecting officers to serve as chairpersons of hearing committees under this chapter, |
12 | the presiding justice shall alternate between the two (2) lists so provided. |
13 | (i)(h) Whenever a law enforcement officer faces disciplinary action as a result of criminal |
14 | charges, the provisions of subsections (c), (d), (e) and (f) shall be suspended pending the |
15 | adjudication of said criminal charges. |
16 | 42-28.6-5. Conduct of hearing. |
17 | (a) The hearing shall be conducted by the hearing committee selected in accordance with |
18 | the provisions § 42-28.6-4 of this chapter. Both the law enforcement agency and the accused law |
19 | enforcement officer shall be given ample opportunity to present evidence and argument with |
20 | respect to the issues involved. Both may be represented by counsel. |
21 | (b) The hearing shall be convened at the call of the chair; shall commence within thirty |
22 | (30) days after the selection of a chairperson of the hearing committee; and shall be completed |
23 | within sixty (60) days of the commencement of the hearing. The hearing committee shall render a |
24 | written decision within thirty (30) days after the conclusion of the hearing. The time limits |
25 | established in this subsection may be extended by the presiding justice of the superior court |
26 | chairperson for good cause shown. |
27 | (c) Not less than ten (10) days prior to the first hearing date, the charging law enforcement |
28 | agency shall provide to the accused law enforcement officer: |
29 | (i) A list of all witnesses, known to the agency at that time, to be called by the agency to |
30 | testify at the hearing; |
31 | (ii) Copies of all written and/or recorded statements by such witnesses in the possession of |
32 | the agency; and |
33 | (iii) A list of all documents and other items to be offered as evidence at the hearing. |
34 | (d) Not less than five (5) days prior to the first hearing date, the accused law enforcement |
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1 | officer shall provide to the charging law enforcement agency a list of all witnesses, known to the |
2 | officer at that time, to be called by the officer to testify at the hearing. |
3 | (e) Failure by either party to comply with the provisions of subsections (c) and (d) of this |
4 | section shall result in the exclusion from the record of the hearing of testimony and/or evidence not |
5 | timely disclosed in accordance with those subsections. If the charging agency or the accused law |
6 | enforcement officer fails to comply with the provisions of subsections (c) or (d) of this section, |
7 | then, upon the request of the other party, the chairperson shall consider the following factors in |
8 | assessing a discretionary sanction, if any: |
9 | (1) The reason for the non-disclosure; |
10 | (2) The extent of prejudice to the opposing party; |
11 | (3) The feasibility of rectifying that prejudice by a continuance; and |
12 | (4) Any other relevant factors. |
13 | (f) The permissible sanctions the chairperson may impose pursuant to subsection (e) of this |
14 | section are: exclusion of a witness from testifying; exclusion of a witness from testifying about |
15 | certain matters; and/or the exclusion of written or recorded statements, documents, or other items |
16 | from evidence. The chairperson shall give due deference to serving the public interest and the |
17 | interest of justice when imposing any such sanctions and shall make findings on the record |
18 | consistent with the factors enumerated herein. |
19 | 42-28.6-6. Evidence at hearing — Hearing record. |
20 | (a) Evidence which possesses probative value commonly accepted by reasonable and |
21 | prudent persons in the conduct of their affairs shall be admissible and shall be given probative |
22 | effect. The hearing committee conducting the hearing shall give effect to the rules of privilege |
23 | recognized by law, and may exclude incompetent, irrelevant, immaterial, and unduly repetitious |
24 | evidence. All records and documents which any party desires to use shall be offered and made part |
25 | of the record. |
26 | (b) No statements, documents and/or other evidence and no copies of any statements, |
27 | documents and/or other evidence shall be presented to the hearing committee prior to the hearing. |
28 | (c) All proceedings before the hearing committee shall be recorded by stenographic record, |
29 | the expense of which shall be borne by the charging law enforcement agency. A copy of the record |
30 | shall be provided to the accused law enforcement officer or his or her their attorney or |
31 | representative of record upon request. |
32 | 42-28.6-11. Decisions of hearing committee. |
33 | (a) The hearing committee shall be empowered by majority vote to sustain, modify in |
34 | whole or in part, or reverse the complaint or charges of the investigating authority, as provided in |
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1 | § 42-28.6-4. |
2 | (b) Any decision, order, or action taken as a result of the hearing shall be in writing and |
3 | shall be accompanied by findings of fact. The findings shall consist of a concise statement upon |
4 | each issue in the case. Copies of the decision or order and accompanying findings and conclusions |
5 | shall be delivered or mailed promptly to the accused law enforcement officer or to his or her their |
6 | attorney or representative of record and to the law enforcement agency or to its attorney or |
7 | representative of record. |
8 | (c) In any proceeding under this chapter, it shall be the burden of the charging law |
9 | enforcement agency to prove, by a fair preponderance of the evidence, that the accused law |
10 | enforcement officer is guilty of the offense(s) or violation(s) of which he or she is accused. |
11 | (d) Copies of any decision, order or action taken indicating guilt of the accused officer of |
12 | any offense or violation shall be transmitted promptly to the Rhode Island police officers |
13 | commission on standards and training established pursuant to chapter 28.2 of this title, and shall be |
14 | reviewed and considered with respect to any subsequent request to the commission to approve a |
15 | reinstatement, assignment, transfer or employment of the accused law enforcement officer. |
16 | (e) The chairperson shall create an administrative record of each hearing, which shall |
17 | include the notice provided pursuant to § 42-28.6-4(b), the request for a hearing provided pursuant |
18 | to § 42-28.6-4(c), any assignments and notices to members of the committee, the record of the |
19 | hearing, the decision of the committee and any notice of appeal. Upon completion of the hearing |
20 | and notification of the decision to the accused law enforcement officer and to the charging law |
21 | enforcement agency, the chairperson shall transmit a complete and accurate copy of the |
22 | administrative record to the chief justice of the Rhode Island supreme court and to the Rhode Island |
23 | police officers commission on standards and training. |
24 | (f) The Rhode Island police officers commission on standards and training shall |
25 | permanently maintain the administrative record of all hearings conducted pursuant to this chapter. |
26 | (g) The Rhode Island police officers commission on standards and training shall publish |
27 | on its website in analyzable machine-readable format a report reflecting the status of all pending |
28 | hearings in addition to any decision, order or action taken indicating guilt of the accused officer of |
29 | any offense or violation, including the name of the officer, the officer's employing agency, and the |
30 | misconduct the officer committed or is alleged to have committed. However, disciplinary actions |
31 | subject to § 42-28.6-13(I)(b) shall not be subject to these provisions. |
32 | (h) The Rhode Island police officers commission on standards and training shall report any |
33 | suspension, decision, order or action taken indicating guilt of the accused officer of any offense or |
34 | violation except those summary suspensions pursuant to § 42-28.6-13(I)(b) to the national |
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1 | decertification index maintained by the International Association of Directors of Law Enforcement |
2 | Standards and Training. The commission may issue regulations identifying other similar national |
3 | or regional indices to which it wishes to contribute discipline information. In the event that the |
4 | federal government establishes a nationwide decertification index, the commission shall submit |
5 | information to that index. |
6 | 42-28.6-13. Suspensions. |
7 | I. Suspensions -- Summary punishment. |
8 | (a) The provisions of this chapter are not intended to prohibit suspensions by the chief or |
9 | the highest ranking officer of the law enforcement agency. |
10 | (b) Summary punishment of two (2) up to five (5) working days’ suspension without pay |
11 | may be imposed for minor violations of departmental rules and regulations. |
12 | (c) Summary punishment of up to fourteen (14) working days without pay may be imposed |
13 | subsequent to a formal complaint filed with the department for the following violations of |
14 | departmental rules and regulations that do not result in pending criminal charges requiring |
15 | discipline pursuant to the remaining provisions of this section: |
16 | (1) The use of deadly force in violation of departmental rules and regulations; |
17 | (2) Excessive force or use of force that leads to serious physical injury or death in violation |
18 | of departmental rules and regulations; |
19 | (3) Felonious conduct, including conduct that rises to a felony domestic violence as defined |
20 | in § 12-29-2(a), in violation of departmental rules and regulations; and/or |
21 | (4) Professional dishonesty relating to the reporting, investigation, or prosecution of a |
22 | crime or to the reporting or investigation of misconduct by another law enforcement officer in |
23 | violation of departmental rules and regulations. |
24 | (d) The sole and exclusive remedy for appeals of summary punishments under subsections |
25 | (b) and (c) of this section shall be subject to the grievance and arbitration provisions of the accused |
26 | law enforcement officer’s collective bargaining agreement. |
27 | II. Suspensions -- Disciplinary action. |
28 | (c)(a) Suspension may be imposed by the chief or the highest ranking sworn officer of the |
29 | law enforcement agency when the accused law enforcement officer is under investigation for a |
30 | criminal felony matter. Any suspension shall consist of the accused law enforcement officer being |
31 | relieved of duty, and he or she they shall receive all ordinary pay and benefits as he or she they |
32 | would receive if he or she they were not suspended. Suspension under this subsection shall not |
33 | exceed one hundred eighty (180) days. |
34 | (b) In cases where felonious conduct by a law enforcement officer results in a felony arrest, |
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1 | in which the law enforcement officer is charged, indicted, or informed against, including an arrest |
2 | for a felony domestic violence offense, nothing shall prohibit the imposition of a suspension |
3 | without pay. Where the law enforcement officer is acquitted of the felony charge or where the |
4 | felony charge has been dismissed in its entirety, the law enforcement officer shall be entitled to be |
5 | made whole. |
6 | (d)(c) Suspension may be imposed by the chief or highest ranking sworn officer of the law |
7 | enforcement agency when the accused law enforcement officer in under investigation for a |
8 | misdemeanor criminal matter. Any such suspension shall consist of the accused law enforcement |
9 | officer being relieved of duty, and he or she they shall receive all ordinary pay and benefits as he |
10 | or she they would receive if he or she they were not suspended. Suspension under this subsection |
11 | shall not exceed thirty (30) days; provided, however, that if an accused officer is charged with a |
12 | misdemeanor offense the chief or highest ranking sworn officer of the law enforcement agency |
13 | may continue said suspension with pay up to a total of one hundred and eighty (180) days. If the |
14 | disposition of the criminal matter does not take place within one hundred eighty (180) days of the |
15 | commencement of such suspension, the accused law enforcement officer may be suspended without |
16 | pay and benefits; provided, however, that the accused officer’s entitlement to such medical |
17 | insurance, dental insurance, disability insurance and life insurance as is available to all other |
18 | officers within the agency shall not be suspended. The accused law enforcement officer may |
19 | petition the presiding justice of the superior court for a stay of the suspension without pay, and such |
20 | stay shall be granted upon a showing that said delay in the criminal disposition was outside the |
21 | accused law enforcement officer’s control. In the event the accused law enforcement officer is |
22 | acquitted of any misdemeanor related thereto, the officer shall be forthwith reinstated and |
23 | reimbursed all salary and benefits that have not been paid during the suspension period. |
24 | (e)(d) Suspension may be imposed by the chief or highest ranking sworn officer of the law |
25 | enforcement agency when the accused law enforcement officer is under investigation for a |
26 | noncriminal matter. Any such suspension shall consist of the accused law enforcement officer being |
27 | relieved of duty, and he or she they shall receive all ordinary pay and benefits as he or she they |
28 | would receive if he or she they were not suspended. Suspension under this subsection shall not |
29 | exceed fifteen (15) days or any other time frame established under the provisions of any applicable |
30 | collective bargaining agreement. |
31 | (f)(e) Suspension may be imposed by the chief or highest ranking sworn officer of the law |
32 | enforcement agency upon receipt of notice or disciplinary action in accordance with § 42-28.6-4(b) |
33 | of this chapter in which termination or demotion is the recommended punishment. Any such |
34 | suspension shall consist of the accused law enforcement officer being relieved of duty, and he or |
| LC003848/SUB A - Page 11 of 16 |
1 | she they shall receive all ordinary pay and benefits as he or she would receive if he or she were not |
2 | so suspended. |
3 | (g)(f) Any law enforcement officer who is charged, indicted or informed against for a |
4 | felony or who is convicted of and incarcerated for a misdemeanor may be suspended without pay |
5 | and benefits at the discretion of the agency or chief or highest ranking sworn officers; provided, |
6 | however, that the accused officer’s entitlement to medical insurance, dental insurance, disability |
7 | insurance and life insurance as is available to all other officers within the agency shall not be |
8 | suspended. In the event that the law enforcement officer is acquitted of any felony related thereto, |
9 | the officer shall be reinstated and reimbursed forthwith for all salary and benefits that have not been |
10 | paid during the suspension period. |
11 | (h)(g) Any law enforcement officer who is convicted of a felony shall, pending the |
12 | prosecution of an appeal, be suspended without pay and benefits; provided, however, that the |
13 | accused officer’s entitlement to such medical insurance, dental insurance, disability insurance and |
14 | life insurance as is available to all other officers within the agency shall not be suspended. |
15 | Whenever, upon appeal, such conviction is reversed, the suspension under this subsection shall |
16 | terminate and the law enforcement officer shall forthwith be paid the salary and benefits that would |
17 | have been paid to him or her them during that period of suspension. |
18 | (i)(h) In the disposition of a criminal case, no matter the jurisdiction, any Any law |
19 | enforcement officer who pleads guilty, enters an Alford plea or no contest pleads nolo contendere |
20 | to a felony charge, even if followed by a sentence of probation, or who makes an admission of |
21 | sufficient facts to sustain the felony charge or charges, or whose conviction of a felony has, after |
22 | or in the absence of a timely appeal, become final may shall be dismissed by the law enforcement |
23 | agency and, in the event of such dismissal, other provisions of this chapter shall not apply. A |
24 | dismissal of a law enforcement officer pursuant to the provisions of this subsection shall be |
25 | immediately reported to the Rhode Island police officers commission on standards and training, |
26 | established pursuant to chapter 28.2 of this title. |
27 | 42-28.6-15. Exclusivity of remedy. |
28 | The remedies contained herein shall be the sole and exclusive remedies for all law |
29 | enforcement officers subject to the provisions of this chapter. Provided that no collective bargaining |
30 | agreement (CBA) or contract entered into or made effective thirty (30) days after passage shall |
31 | contain any provision modifying, changing or contravening the provisions of this section. Any |
32 | provision in a CBA or contract modifying, changing or contravening the provisions of this section |
33 | contained within a CBA or contract entered into or made effective thirty (30) days after passage |
34 | shall be void as a violation of public policy. |
| LC003848/SUB A - Page 12 of 16 |
1 | SECTION 3. Chapter 42-28.6 of the General Laws entitled "Law Enforcement Officers’ |
2 | Bill of Rights" is hereby amended by adding thereto the following sections: |
3 | 42-28.6-1.1. Certified officers pool and appointment to hearing panel. |
4 | (a) There is hereby established a certified officers pool to be maintained by the Rhode |
5 | Island police officers commission on standards and training which shall consist of the names of |
6 | qualified law enforcement officers submitted to the Rhode Island police officers commission on |
7 | standards and training selected pursuant to the provisions of subsection (c) of this section. |
8 | (b) The certified officers pool shall be the exclusive eligibility source of law enforcement |
9 | officers available for appointment to a hearing committee pursuant to the provisions of this chapter. |
10 | (c) Each law enforcement agency in the state shall submit at least one but not more than |
11 | three (3) names of qualified law enforcement officers to the Rhode Island police officers |
12 | commission on standards and training. Each chief or highest ranking officer in each law |
13 | enforcement agency shall consult with the labor union and/or bargaining agent for the respective |
14 | agency and mutually agree upon the officers selected for service in the certified officers pool. If |
15 | the chief or highest ranking officer of a law enforcement agency and the labor union or bargaining |
16 | agent are unable to reach an agreement on an officer for service within the certified officers pool, |
17 | then the officer being considered will be disqualified from service. |
18 | (d) Upon selection to the certified officers pool, a qualified law enforcement officer shall |
19 | remain a member of the pool until either disqualified or replaced. |
20 | (f) Any officer promoted to chief, colonel, deputy chief, or lieutenant colonel upon |
21 | termination or retirement from active service, or who otherwise fails to remain a qualified law |
22 | enforcement officer as defined in § 42-28.6-1 shall be disqualified from the certified officers pool. |
23 | Upon disqualification of an officer for appointment to the pool, or annually during the month of |
24 | January, any appointing authority may name an alternative qualified law enforcement officer to |
25 | replace the officer previously named to fill the position in the pool. |
26 | 42-28.6-1.2. Training in police discipline. |
27 | (a) Prior to qualification and eligibility for appointment to the certified officers pool |
28 | established pursuant to the provisions of § 42-28.6-1.1, a law enforcement officer shall successfully |
29 | complete a course(s) of training in police discipline to be developed in accordance with the |
30 | provisions of this section. |
31 | (b) The course(s) of instruction and the training shall be approved by the Rhode Island |
32 | police officers commission on standards and training after consultation with the superintendent of |
33 | the state police and the chief of the Providence police department. |
34 | (c) The initial course of instruction and training shall include at a minimum six (6) hours |
| LC003848/SUB A - Page 13 of 16 |
1 | of instruction on the provisions of this chapter including the applicable hearing procedure pursuant |
2 | to this chapter, evidentiary standards, and standards of police conduct, including use of force and |
3 | racial and cultural bias. |
4 | (d) Upon successful completion of training, the Rhode Island police officers commission |
5 | on standards and training shall provide a certification to the officer, after which the officer shall be |
6 | eligible to serve on a hearing committee. |
7 | (e) The Rhode Island police officers commission on standards and training may require |
8 | that a law enforcement officer attend and successfully complete two (2) hours of additional training |
9 | every two (2) years to maintain current certification. |
10 | 42-28.6-1.3. Appointment of attorney to hearing panel. |
11 | The Rhode Island Bar Association, in consultation with its committee on diversity, equity, |
12 | and inclusion, shall annually submit names of attorneys in good standing who express an interest |
13 | in serving on the hearing panel to the chief justice of the supreme court. In appointing an attorney |
14 | to serve on the hearing panel, the chief justice shall consult the list of names submitted annually to |
15 | the chief justice and shall name an attorney in consultation with the court's committee on racial and |
16 | ethnic fairness. Compensation shall be made through the court appointed counsel procedure. |
17 | 42-28.6-1.4. Conflict of interest. |
18 | (a) The accused law enforcement officer or the representative of the law enforcement |
19 | agency may challenge the appointment of any member of the hearing committee for conflict of |
20 | interest or other substantive grounds justifying disqualification of an appointment. Any challenge |
21 | shall be heard and decided solely by the retired justice or judge appointed to serve as chairperson |
22 | unless the challenge is against the chairperson and then the challenge shall be heard by the chief |
23 | justice of the supreme court. If satisfactory evidence establishes conflict of interest or other |
24 | substantive grounds justifying disqualification of an appointed member, then a different member |
25 | shall be selected in the same manner as the disqualified appointment. |
26 | (b) Any individual selected as a member of the hearing committee shall immediately |
27 | disclose to the chairperson any circumstance likely to give rise to reasonable doubt as to the |
28 | member's ability to render an impartial decision including, but not limited to, bias, prejudice, or |
29 | financial or personal interest in the result or outcome of the hearing. The obligation to disclose shall |
30 | remain in effect throughout the pendency of the hearing. |
31 | 42-28.6-18. Reports of hearings. |
32 | (a) The Rhode Island police officers commission on standards and training shall, no later |
33 | than December 31, 2025, and annually thereafter by December 31, submit a comprehensive report |
34 | to the governor, the speaker of the house and the senate president regarding all hearings conducted |
| LC003848/SUB A - Page 14 of 16 |
1 | pursuant to this chapter since the effective date of this section or the filing of the previous report, |
2 | whichever is later. |
3 | (b) The reports to be submitted pursuant to this section shall include the following |
4 | information for each hearing: |
5 | (1) The identity, rank, assignment, or job duties of the accused law enforcement officer |
6 | when charges were initiated pursuant to this chapter; |
7 | (2) The department or law enforcement agency employing the officer at the time charges |
8 | were initiated, including any information relative to the officer being on loan to another law |
9 | enforcement agency at the time of the alleged violation; |
10 | (3) The department or agency, rank, assignment, position or job duty of each law |
11 | enforcement officer assigned to the hearing committee; |
12 | (4) The specific charges and/or allegations brought against the accused law enforcement |
13 | officer; |
14 | (5) The finding or conclusion with respect to each charge and/or allegation; |
15 | (6) The identity of all members of the hearing committee and the vote of each member |
16 | pertaining to each charge and/or allegation; |
17 | (7) If known, whether an appeal of the hearing committee decision was filed, and the status |
18 | of any appeal; and |
19 | (8) Any other information the director deems appropriate. |
20 | SECTION 4. This act shall take effect on January 1, 2025. |
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LC003848/SUB A | |
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| LC003848/SUB A - Page 15 of 16 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT | |
OFFICERS' BILL OF RIGHTS | |
*** | |
1 | This act would create the law enforcement officer's due process accountability and |
2 | transparency act. It would establish a five (5) member hearing committee consisting of three (3) |
3 | qualified and randomly selected law enforcement officers, a retired judge, and an attorney selected |
4 | in consultation with the Supreme Court's committee on racial and ethnic fairness and the Rhode |
5 | Island Bar Association's task force on diversity and inclusion. It would establish a two-tier summary |
6 | suspension structure ranging from a five (5) to fourteen (14) day summary suspension and allow a |
7 | police chief to make public statements and release video evidence in any instance other than |
8 | summary suspensions imposed under tier one. This act would also require the POST to publish on |
9 | its website the status and other information relating to all pending hearings. The POST would also |
10 | be required to report certain suspensions and other findings to National Decertification Indices. |
11 | This act would take effect on January 1, 2025. |
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LC003848/SUB A | |
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| LC003848/SUB A - Page 16 of 16 |