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| 5 | 5 | | 2023 -- H 5215 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000548 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO CRIMINAL PROCEDURE -- ARREST |
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| 16 | 16 | | Introduced By: Representatives Craven, Shanley, Vella-Wilkinson, Noret, and |
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| 17 | 17 | | Costantino |
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| 18 | 18 | | Date Introduced: January 19, 2023 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Chapter 12-7 of the General Laws entitled "Arrest" is hereby amended by 1 |
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| 24 | 24 | | adding thereto the following section: 2 |
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| 25 | 25 | | 12-7-1.1. Detention by university or college security. 3 |
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| 26 | 26 | | (a) Any duly trained public safety officer, including non-sworn security personnel and 4 |
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| 27 | 27 | | guards, employed by any private college or university may, without a warrant, detain any person 5 |
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| 28 | 28 | | for any offense, whenever the public safety officer or security guard has reasonable grounds to 6 |
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| 29 | 29 | | believe that an offense has been committed within the jurisdiction of that public safety officer or 7 |
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| 30 | 30 | | security guard and the officer or guard has reason to believe that the person being detained is 8 |
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| 31 | 31 | | responsible for the commission of said criminal offense. 9 |
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| 32 | 32 | | (b) Any public safety officer or security guard that detains any individual for the suspected 10 |
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| 33 | 33 | | commission of a criminal offense, shall immediately request assistance from either the state police 11 |
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| 34 | 34 | | or the local police department having jurisdiction over the private college or university and shall 12 |
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| 35 | 35 | | not detain any person beyond a reasonable period while waiting for state or local police assistance. 13 |
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| 36 | 36 | | Reasonable period for purposes of this section shall mean a period of time no greater than thirty 14 |
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| 37 | 37 | | (30) minutes. 15 |
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| 38 | 38 | | (c) All public safety officers and security guards employed by any private college or 16 |
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| 39 | 39 | | university subject to this section, shall be trained in the proper use of restraint devices and shall 17 |
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| 40 | 40 | | abide by locally or nationally recognized use of force policies. 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000548 - Page 2 of 3 |
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| 44 | 44 | | SECTION 2. This act shall take effect upon passage. 1 |
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| 45 | 45 | | ======== |
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| 46 | 46 | | LC000548 |
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| 47 | 47 | | ======== |
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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | LC000548 - Page 3 of 3 |
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| 51 | 51 | | EXPLANATION |
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| 52 | 52 | | BY THE LEGISLATIVE COUNCIL |
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| 53 | 53 | | OF |
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| 54 | 54 | | A N A C T |
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| 55 | 55 | | RELATING TO CRIMINAL PROCEDURE -- ARREST |
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| 56 | 56 | | *** |
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| 57 | 57 | | This act would permit non-sworn public safety officers and non-sworn security guards at 1 |
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| 58 | 58 | | private colleges and universities to detain individuals within the campus’s jurisdiction when the 2 |
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| 59 | 59 | | officer or guard has reasonable grounds to believe that the person has committed a criminal offense. 3 |
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| 60 | 60 | | Upon detaining said person, the non-sworn public safety officers/security guards, must 4 |
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| 61 | 61 | | immediately request the assistance of the state police or local police having jurisdiction and may 5 |
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| 62 | 62 | | not detain the person for a period of time longer than thirty (30) minutes. 6 |
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| 63 | 63 | | This act would take effect upon passage. 7 |
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| 64 | 64 | | ======== |
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| 65 | 65 | | LC000548 |
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| 66 | 66 | | ======== |
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