2026 -- S 2279 SUBSTITUTE A | |
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LC004329/SUB A/2 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO CRIMINAL PROCEDURE -- ARREST | |
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Introduced By: Senators Patalano, Dimitri, Thompson, Famiglietti, LaMountain, Burke, | |
Date Introduced: January 23, 2026 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 12-7 of the General Laws entitled "Arrest" is hereby amended by |
2 | adding thereto the following section: |
3 | 12-7-1.1. Temporary detention by private college or university public safety |
4 | personnel. |
5 | (a) A private institution of higher education chartered by the state and maintaining a |
6 | campus within the state may authorize trained public safety officers or security personnel employed |
7 | by the institution to temporarily detain an individual upon campus property when: |
8 | (1) The officer has probable cause to believe that: |
9 | (i) The individual has committed a felony; or |
10 | (ii) The individual has committed a misdemeanor involving violence, theft, trespass, |
11 | property destruction, disorderly conduct, or other breach of the peace occurring in the officer's |
12 | presence; and |
13 | (2) The detention is reasonably necessary to: |
14 | (i) Prevent imminent harm to persons or property; |
15 | (ii) Prevent the individual's escape prior to the arrival of law enforcement; or |
16 | (iii) Maintain public safety. |
17 | (b) A detention authorized under this section: |
18 | (1) Shall be conducted using the least restrictive means reasonably available; |
19 | (2) Shall occur only upon property owned, leased, operated, or controlled by the institution; |
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1 | (3) Shall not constitute an arrest; and |
2 | (4) Shall not confer any general law enforcement authority upon the person conducting the |
3 | detention. |
4 | (c) Immediately upon detaining an individual pursuant to this section, the public safety |
5 | officer or security officer shall request assistance from the state police or local law enforcement |
6 | agency having jurisdiction. |
7 | (d) A person detained pursuant to this section shall be informed as soon as practicable: |
8 | (1) That the detention is temporary; |
9 | (2) Of the reason for the detention; and |
10 | (3) That law enforcement has been summoned. |
11 | (e) Physical restraint may be used only when reasonably necessary to: |
12 | (1) Protect the officer or another person from physical injury; |
13 | (2) Prevent the destruction of evidence; |
14 | (3) Prevent escape; or |
15 | (4) Prevent imminent damage to property. |
16 | The degree of force used shall not exceed that which is objectively reasonable under the |
17 | circumstances. |
18 | (f) Handcuffs or other restraint devices may be used only by personnel who have |
19 | successfully completed training approved by the Rhode Island police officer standards and training |
20 | academy or another training program approved by the department of public safety. |
21 | (g) Every institution exercising authority under this section shall: |
22 | (1) Maintain written policies governing detention procedures, use of force, reporting |
23 | requirements, and training standards; |
24 | (2) Require annual training for all personnel authorized to conduct detentions; |
25 | (3) Maintain records of all detentions for not less than five (5) years; and |
26 | (4) Make such records available to law enforcement upon request. |
27 | (h) Within twenty-four (24) hours of any detention conducted pursuant to this section, the |
28 | institution shall prepare a written incident report documenting: |
29 | (1) The reason for the detention; |
30 | (2) The duration of the detention; |
31 | (3) Any force or restraints utilized; |
32 | (4) The law enforcement agency notified; and |
33 | (5) The disposition of the incident. |
34 | (i) A public safety officer, security officer, or institution acting in good faith and in |
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1 | reasonable reliance upon this section shall not be liable for civil damages arising from a detention |
2 | authorized by this section, except for conduct constituting gross negligence, reckless conduct, or |
3 | willful misconduct. |
4 | (j) Nothing contained herein shall: |
5 | (1) Authorize a search beyond that otherwise permitted by law; |
6 | (2) Grant arrest powers to non-sworn personnel; |
7 | (3) Confer peace officer status upon any individual; or |
8 | (4) Limit any authority otherwise granted to special police officers appointed pursuant to |
9 | chapter 2.1 of title 12. |
10 | SECTION 2. This act shall take effect upon passage. |
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LC004329/SUB A/2 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL PROCEDURE -- ARREST | |
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1 | This act would permit non-sworn public safety officers and security guards at private |
2 | colleges and universities, to detain individuals within the campus jurisdiction, when the officer or |
3 | guard has reasonable grounds to believe that the person has committed a criminal offense. |
4 | This act would take effect upon passage. |
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LC004329/SUB A/2 | |
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