Introduced By: Senator Badeau
Date Introduced :February 9, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 11-5-5 of the General Laws in Chapter 11-5 entitled "Assaults " is hereby amended to read as follows:
11-5-5. Assault of police officers and other officials. -- Any person who shall make an assault or battery or both by knowingly and willfully either (a) striking or (b) spraying with a noxious chemical, commonly used as a personal defense weapon including Mace and an oleoresin capsicum product or like products, strike a uniformed member of the state police or metropolitan park police, conservation officer, state properties patrol officer, probation and parole officers, state government case worker or investigator, judge of the supreme, superior, family, district court, administrative adjudication court or municipal court, sheriff, deputy sheriff, city or town police officer or firefighter, member of the Rhode Island state marshals of the department of corrections, member of the capitol police, member of campus security force of state colleges and universities, {ADD member of ADD} {ADD the Rhode Island airport police department, ADD} Rhode Island public transit authority bus driver, or on-duty plainclothes member of the town, city, or state police force, investigator of the department of the attorney general appointed pursuant to section 42-9-8.1, or member of the railroad police after proper identification is displayed, or uniformed dog officer, or out-of-state police officer called into Rhode Island under a cooperative agreement to provide mutual aid at the request of the state of Rhode Island pursuant to chapter 37 of title 42, or assistant attorney general or special assistant attorney general, causing bodily injury while the officer or official is engaged in the performance of his or her duty, shall be deemed to have committed a felony, and shall be imprisoned not exceeding three (3) years or fined not exceeding fifteen hundred dollars ($1,500), or both.
SECTION 2. Section 12-6-6 of the General Laws in Chapter 12-6 entitled "Warrants for Arrest" is hereby amended to read as follows:
12-6-6. Surety for costs not required of police officers. -- (a) Whenever any complaint shall be made by the sheriff or any deputy sheriff of any county, or by any member of the division of state police, any member of the campus police forces at the state colleges or universities, or any conservation officer of the department of environmental management, or by the chief of police, deputy chief of police, commander, captain, police inspector, or other member of the police force, or town sergeant of any city or town, within any division of the district court, to the judge of the district court or to any justice of the peace authorized to issue warrants in the division, against any person for any criminal offense committed within the division, the sheriff, deputy sheriff, member of the division of state police, member of the campus police forces at the state colleges or universities, conservation officer of the department of environmental management, chief of police, deputy chief of police, commander, captain, police inspector or other member of the police force, or town sergeant shall not be required to give surety for costs, but shall give his or her personal recognizance and be liable in his or her individual capacity for the costs.
(b) In addition to the officials specified therein, the following persons shall be subject to the provisions of subsection (a):
(1) Police sergeants, lieutenants, and detectives in the town of Bristol;
(2) All members of the town of Barrington police force above the rank of patrol officer;
(3) A police sergeant or his or her superior in the town of Johnston;
(4) Police lieutenants and sergeants in the city of Cranston;
(5) Any police lieutenant or police sergeant in the town of Coventry;
(6) Any police lieutenant in the town of North Kingstown;
(7) All members of the town of Lincoln police force above the rank of patrol officer;
(8) Police lieutenants, detective sergeants, and sergeants in the town of Westerly;
(9) All members of the town of Portsmouth police force above the rank of patrol officer;
(10) All members of the town of Burrillville police force above the rank of patrol officer;
(11) All members of the town of Glocester police force above the rank of patrol officer;
(12) All members of the town of Scituate police force above the rank of patrol officer;
(13) All members of the town of Middletown police force above the rank of patrol officer;
(14) All lieutenants and detective sergeants of the town of South Kingstown police force;
(15) Police sergeants in the town of Warren;
(16) Police sergeants and lieutenants in the city of Woonsocket;
(17) A police sergeant or his or her superior in the town of Foster;
(18) All members of the town of Hopkinton police force above the rank of patrol officer;
(19) All members of the campus police force at the University of Rhode Island, Rhode Island College, or the Community College of Rhode Island, above the rank of campus police officer;
(20) A police sergeant, the town sergeant or any officer of higher rank in the town of New Shoreham;
(21) All members of the town of Cumberland police force above the rank of patrol officer;
(22) Any police sergeant or his or her superior in the town of Charlestown;
(23) A police sergeant or his or her superior in the town of North Smithfield;
(24) All members of the town of East Greenwich police force above the rank of patrol officer;
(25) All members of the Richmond police department, designated by the chief of police;
(26) All lieutenants of the city of East Providence police department;
(27) All investigators of the department of attorney general appointed pursuant to section 42-9-8.1;
(28) All members of the town of West Greenwich police force above
the rank of corporal; {DEL and DEL}
(29) All inspectors and agents of the Rhode Island state fugitive
task force appointed pursuant to section 12-6-7.2 {DEL . DEL}
{ADD ; and ADD}
{ADD (30) All members of the Rhode Island airport police department at or above the rank of ADD} {ADD inspector ADD} . ADD}
SECTION 3. This act shall take effect upon passage.
