Rhode Island 2023 Regular Session

Rhode Island House Bill H5299 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5299
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7	7	LC000815
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION -- MAINTENANCE OF ORDER ON CAMPUS
16	16	Introduced By: Representatives O'Brien, Dawson, Shanley, Hull, Vella-Wilkinson,
17	17	Craven, Corvese, Azzinaro, Cardillo, and Solomon
18	18	Date Introduced: February 01, 2023
19	19	Referred To: House Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 16-52-2 of the General Laws in Chapter 16-52 entitled "Maintenance 1
24	24	of Order on Campus [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is 2
25	25	hereby amended to read as follows: 3
26	26	16-52-2. Appointment of campus police. 4
27	27	(a) The board of governors for higher education may appoint one or more persons who may 5
28	28	act as police officers upon the property and highways of state colleges and universities subject to 6
29	29	the control of the board. The campus police officers shall protect the property of each college or 7
30	30	university, suppress nuisances and disturbances and breaches of the peace, and enforce laws and 8
31	31	regulations for the preservation of good order. They shall have the same powers and authority as 9
32	32	that conferred upon municipal police officers, including the power to arrest persons for violations 10
33	33	of state criminal statutes or for violations of city or town ordinances of the city or town in which 11
34	34	the institution is located. They shall not carry firearms unless expressly authorized by the board of 12
35	35	governors subject to the training requirements of this section. Additionally, any campus police 13
36	36	officer observing the violation of any rule or regulation of the board adopted pursuant to this 14
37	37	chapter, including but not limited to parking and traffic regulations, may issue a summons in the 15
38	38	manner and form set forth in § 31-27-12 or § 31-41.1-1 returnable to the district court, the police 16
39	39	court of the city or town where the violation occurs, or the traffic tribunal as provided by law. 17
40	40	(b) Notwithstanding any other provision of law, all fines and penalties recovered for 18
41	41	violation of rules and regulations made under authority of this section shall be accounted for by the 19
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45	45	appropriate authority, which shall forward all fines or penalties for nonmoving traffic violations to 1
46	46	the general treasurer for use by the college or university on whose campus the citation or violation 2
47	47	was issued in accordance with § 16-32-27. 3
48	48	(c) Campus police and peace officers shall, prior to October 1, 2023, complete a course of 4
49	49	firearm instruction as provided by the Rhode Island police officers commission on standards and 5
50	50	training, with approval of the commissioner of public safety and shall be subject to in service 6
51	51	training requirements of chapter 28 of title 42, the standardized training requirements of § 42-28.2-7
52	52	8.3, and shall be afforded all rights, duties and responsibility of chapter 28.6 of title 42 ("law 8
53	53	enforcement officers' bill of rights"). 9
54	54	(d) The board of education shall adopt rules and regulations for the purposes of 10
55	55	implementing the provisions of this chapter. 11
56	56	SECTION 2. Section 42-28.6-1 of the General Laws in Chapter 42-28.6 entitled "Law 12
57	57	Enforcement Officers’ Bill of Rights" is hereby amended to read as follows: 13
58	58	42-28.6-1. Definitions — Payment of legal fees. 14
59	59	As used in this chapter, the following words have the meanings indicated: 15
60	60	(1) “Law enforcement officer” means any permanently employed city or town police 16
61	61	officer, state police officer, permanent law enforcement officer of the department of environmental 17
62	62	management, campus police officer as set forth in § 16-52-2, or those employees of the airport 18
63	63	corporation of Rhode Island who have been granted the authority to arrest by the director of said 19
64	64	corporation. However this shall not include the chief of police and/or the highest ranking sworn 20
65	65	officer of any of the departments including the director and deputy director of the airport 21
66	66	corporation of Rhode Island. 22
67	67	(2)(i) “Hearing committee” means a committee which is authorized to hold a hearing on a 23
68	68	complaint against a law enforcement officer and which consists of three (3) active or retired law 24
69	69	enforcement officers from within the state of Rhode Island, other than chiefs of police, who have 25
70	70	had no part in the investigation or interrogation of the law enforcement officer. The committee shall 26
71	71	be composed of three (3) members; one member selected by the chief or the highest ranking officer 27
72	72	of the law enforcement agency, one member selected by the aggrieved law enforcement officer and 28
73	73	the third member shall be selected by the other two (2) members. In the event that the other two (2) 29
74	74	members are unable to agree within five (5) days, then either member will make application to the 30
75	75	presiding justice of the superior court and the presiding justice shall appoint the third member who 31
76	76	shall be an active law enforcement officer. Upon written application by a majority of the hearing 32
77	77	committee, the presiding justice, in his or her discretion, may also appoint legal counsel to assist 33
78	78	the hearing committee. 34
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82	82	(ii) The law enforcement agency and the law enforcement officer under investigation shall 1
83	83	each be responsible to pay fifty percent (50%) of the legal fee of the appointed legal counsel for 2
84	84	the hearing committee; provided, however, that on motion made by either party, the presiding 3
85	85	justice shall have the authority to make a different disposition as to what each party is required to 4
86	86	pay toward the appointed legal counsel’s legal fee. 5
87	87	(3) “Hearing” means any meeting in the course of an investigatory proceeding, other than 6
88	88	an interrogation at which no testimony is taken under oath, conducted by a hearing committee for 7
89	89	the purpose of taking or adducing testimony or receiving evidence. 8
90	90	SECTION 3. This act shall take effect upon passage. 9
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97	97	EXPLANATION
98	98	BY THE LEGISLATIVE COUNCIL
99	99	OF
100	100	A N A C T
101	101	RELATING TO EDUCATION -- MAINTENANCE OF ORDER ON CAMPUS
102	102	***
103	103	This act would mandate arming campus police at public higher educational institutions and 1
104	104	would include campus police in the definition of "law enforcement officer" for the purposes of the 2
105	105	"Law Enforcement Officers' Bill of Rights." 3
106	106	This act would take effect upon passage. 4
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