2025 -- H 5666

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LC001731

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO EDUCATION -- MAINTENANCE OF ORDER ON CAMPUS

     Introduced By: Representative William W. O'Brien

     Date Introduced: February 26, 2025

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-52-2 of the General Laws in Chapter 16-52 entitled "Maintenance

of Order on Campus [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is

hereby amended to read as follows:

     16-52-2. Appointment of campus police.

     (a) The board of governors for higher education may appoint one or more persons who may

act as police officers upon the property and highways of state colleges and universities subject to

the control of the board. The campus police officers shall protect the property of each college or

university, suppress nuisances and disturbances and breaches of the peace, and enforce laws and

regulations for the preservation of good order. They shall have the same powers and authority as

that conferred upon municipal police officers, including the power to arrest persons for violations

of state criminal statutes or for violations of city or town ordinances of the city or town in which

the institution is located. They shall not carry firearms unless expressly authorized by the board of

governors subject to the training requirements of this section. Additionally, any campus police

officer observing the violation of any rule or regulation of the board adopted pursuant to this

chapter, including but not limited to parking and traffic regulations, may issue a summons in the

manner and form set forth in § 31-27-12 or § 31-41.1-1 returnable to the district court, the police

court of the city or town where the violation occurs, or the traffic tribunal as provided by law.

     (b) Notwithstanding any other provision of law, all fines and penalties recovered for

violation of rules and regulations made under authority of this section shall be accounted for by the

appropriate authority, which shall forward all fines or penalties for nonmoving traffic violations to

the general treasurer for use by the college or university on whose campus the citation or violation

was issued in accordance with § 16-32-27.

     (c) Campus police and peace officers shall, prior to October 1, 2025, complete a course of

firearm instruction as provided by the Rhode Island police officers commission on standards and

training, with approval of the commissioner of public safety and shall be subject to in service

training requirements of chapter 28 of title 42, the standardized training requirements of § 42-28.2-

8.3, and shall be afforded all rights, duties and responsibility of chapter 28.6 of title 42 ("law

enforcement officers' bill of rights").

     (d) The board of education shall adopt rules and regulations for the purposes of

implementing the provisions of this chapter.

     SECTION 2. Section 42-28.6-1 of the General Laws in Chapter 42-28.6 entitled "Law

Enforcement Officers' Due Process, Accountability, and Transparency Act" is hereby amended to

read as follows:

     42-28.6-1. Definitions — Payment of legal fees. [Effective January 1, 2025.]

     As used in this chapter, the following words have the meanings indicated:

     (1) “Course of training in police discipline” means a course or courses of instruction

approved by the Rhode Island police officers commission on standards and training

(“commission”) which shall be taught by instructors approved by the commission regarding the

provisions of this chapter and the applicable procedure, evidence and rules that apply to police

discipline as provided pursuant to § 42-28.6-1.2.

     (2) “Hearing” means any meeting in the course of an investigatory proceeding, other than

an interrogation at which no testimony is taken under oath, conducted by a hearing committee for

the purpose of taking or adducing testimony or receiving evidence.

     (3)(i) “Hearing committee” means a committee acting as a deliberative body which is

authorized to hold a hearing on a complaint against a law enforcement officer and which consists

of five (5) members: one member appointed by the chief justice of the supreme court who shall be

a retired justice or judge of the supreme, superior, or district court; one member appointed by the

chief justice of the supreme court, who is a practicing attorney in good standing with the supreme

court, in consultation with the court’s committee on racial and ethnic fairness and the Rhode Island

Bar Association and its committee on diversity, equity, and inclusion; and three (3) active or retired

qualified law enforcement officers employed by or retired from the state police or a municipal law

enforcement agency from within the state of Rhode Island, who shall be selected at random by the

Rhode Island police officers commission on standards and training from the certified officer pool

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established pursuant to § 42-28.6-1.1 at an open meeting pursuant to chapter 46 of this title. No law

enforcement officer shall be selected that is employed by or retired from the same law enforcement

agency that employs the accused law enforcement officer or who is employed by or retired from

the charging law enforcement agency. The retired justice or judge appointed by the chief justice of

the supreme court shall serve as chairperson of the hearing committee. Upon written application by

a majority of the hearing committee, the chairperson, in their discretion, may also appoint legal

counsel to assist the hearing committee.

     (ii) The law enforcement agency and the accused law enforcement officer under

investigation shall each be responsible to pay fifty percent (50%) of the legal fee of the appointed

legal counsel for the hearing committee; provided, however, that on motion made by either party,

the chair of the hearing committee shall have the authority to make a different disposition as to

what each party is required to pay toward the appointed legal counsel’s legal fee.

     (4) “Law enforcement officer” means any permanently employed city or town police

officer, state police officer, permanent law enforcement officer of the department of environmental

management, campus police officer as set forth in § 16-52-2, or those employees of the airport

corporation of Rhode Island who have been granted the authority to arrest by the president and

CEO of said corporation. However this shall not include the chief of police and/or the highest

ranking sworn officer of any of the departments including the president and CEO of the airport

corporation of Rhode Island.

     (5) “Qualified law enforcement officer” means:

     (i) A sworn law enforcement officer who:

     (A) Has a minimum of five (5) years’ active service as a law enforcement officer with a

law enforcement agency within the state;

     (B) Has successfully completed a course(s) of training in police discipline pursuant to this

chapter and has maintained a current certification of completed training; and

     (C) Has not achieved the rank of chief, colonel, deputy chief, or lieutenant colonel;

     (ii) A retired law enforcement officer who has qualified prior to retirement or during

retirement and has met the criteria set out herein.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- MAINTENANCE OF ORDER ON CAMPUS

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     This act would mandate arming campus police at public higher educational institutions and

would include campus police in the definition of "law enforcement officer" for the purposes of the

"law enforcement officers' bill of rights".

     This act would take effect upon passage.

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