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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 6181 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002217 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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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 STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT |
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| 16 | 16 | | OFFICER SCREENING, DISCIPLINE AND DECERTIFICATION |
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| 17 | 17 | | Introduced By: Representative Jose F. Batista |
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| 18 | 18 | | Date Introduced: March 22, 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. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1 |
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| 24 | 24 | | GOVERNMENT" is hereby amended by adding thereto the following chapter: 2 |
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| 25 | 25 | | CHAPTER 28.11 3 |
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| 26 | 26 | | LAW ENFORCEMENT OFFICER SCREENING, DISCIPLINE, AND DECERTIFICATION 4 |
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| 27 | 27 | | 42-28.11-1. Definitions. 5 |
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| 28 | 28 | | As used in this chapter: 6 |
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| 29 | 29 | | (1) “Board” or “POST board” means peace officer standards and training board in § 42-7 |
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| 30 | 30 | | 28.11-2. 8 |
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| 31 | 31 | | (2) “Conviction” means and includes a finding or a verdict of guilt, a plea of guilty, or a 9 |
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| 32 | 32 | | plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or 10 |
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| 33 | 33 | | sentence is withheld or not entered thereon. 11 |
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| 34 | 34 | | (3) “Employing agency” means the law enforcement agency employing or appointing the 12 |
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| 35 | 35 | | police officer. 13 |
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| 36 | 36 | | (4) “Law enforcement agency” or “agency” means any police department, sheriff’s 14 |
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| 37 | 37 | | department, the police department of any campus of any college or university within the state and 15 |
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| 38 | 38 | | the state police. 16 |
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| 39 | 39 | | (5) “Officer” means an agent, operative, or official of this state, a subdivision or 17 |
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| 40 | 40 | | municipality thereof, who, as an employee for hire or as a volunteer of a law enforcement agency 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002217 - Page 2 of 11 |
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| 44 | 44 | | or other governmental entity, is vested either expressly by law or by virtue of public employment 1 |
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| 45 | 45 | | or service with authority to enforce the criminal or traffic laws through the power of arrest and 2 |
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| 46 | 46 | | whose duties include the preservation of public order, the protection of life and property, and the 3 |
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| 47 | 47 | | prevention, detection, or investigation of crime. "Officer" shall also include certified private police. 4 |
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| 48 | 48 | | (6) “Serious bodily injury” means bodily injury that results in a permanent disfigurement, 5 |
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| 49 | 49 | | extreme physical pain, loss or impairment of a bodily function, limb or organ, or a significant risk 6 |
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| 50 | 50 | | of death. Examples of serious bodily injury include: broken bones, closed head injuries, loss of 7 |
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| 51 | 51 | | consciousness, as well as any other injuries that could result in death or disfigurement. 8 |
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| 52 | 52 | | 42-28.11-2. The police officer standards and training board - composition and 9 |
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| 53 | 53 | | appointment. 10 |
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| 54 | 54 | | (a) There is hereby stablished a police officer standards and accreditation board ("board"). 11 |
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| 55 | 55 | | All appointments of members to the board shall be for a term of three (3) years commencing the 12 |
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| 56 | 56 | | first day of February next following their respective appointment(s) and until their respective 13 |
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| 57 | 57 | | successors shall be appointed and qualified to succeed the person or persons whose term next 14 |
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| 58 | 58 | | expires. There shall be fifteen (15) members of said board as follows: 15 |
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| 59 | 59 | | (1) The colonel of the Rhode Island state police, or designee; 16 |
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| 60 | 60 | | (2) The commissioner of public safety for the city of Providence, or designee; 17 |
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| 61 | 61 | | (3) One chief of police selected by the Rhode Island police chiefs' association; 18 |
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| 62 | 62 | | (4) One law enforcement officer selected by the Rhode Island minority police association; 19 |
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| 63 | 63 | | (5) One law enforcement officer below the rank of sergeant appointed by the governor; 20 |
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| 64 | 64 | | (6) One law enforcement officer of any rank appointed by the governor; 21 |
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| 65 | 65 | | (7) One law enforcement officer with an educational or law enforcement training 22 |
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| 66 | 66 | | background to be appointed by the governor; 23 |
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| 67 | 67 | | (8) The attorney general, or designee; 24 |
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| 68 | 68 | | (9) Seven (7) non-law enforcement persons appointed by the governor. A minimum of 25 |
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| 69 | 69 | | three (3) whom shall be from the office of diversity, equity and opportunity. 26 |
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| 70 | 70 | | (b) Members of the board shall be eligible for reappointment. 27 |
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| 71 | 71 | | (c) The governor shall appoint a chairperson of the board. 28 |
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| 72 | 72 | | (d) None of the board members outlined in subsection (a) of this section shall be employed, 29 |
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| 73 | 73 | | or have been previously employed, as an officer. 30 |
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| 74 | 74 | | (e) When a board member may have an actual, perceived, or potential conflict of interest 31 |
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| 75 | 75 | | or appearance of bias that could prevent the board member from making a fair and impartial 32 |
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| 76 | 76 | | decision in a suspension or decertification proceeding, the board member shall recuse themself; or 33 |
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| 77 | 77 | | if the board member fails to recuse themself, then the board may, by a simple majority, vote to 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002217 - Page 3 of 11 |
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| 81 | 81 | | recuse the board member from the proceeding. 1 |
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| 82 | 82 | | (f) A “conflict of interest or appearance of bias” in subsection (c) of this section may 2 |
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| 83 | 83 | | include, but is not limited to, matters where a party in a disciplinary proceeding is: an individual 3 |
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| 84 | 84 | | with whom the member has an employment relationship; the member’s relatives or friends, or an 4 |
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| 85 | 85 | | individual belonging to a professional organization, association, or a union in which the member 5 |
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| 86 | 86 | | now actively serves. 6 |
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| 87 | 87 | | (g) A board member may be removed if the member: 7 |
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| 88 | 88 | | (1) Is guilty of malfeasance in office or commits gross misconduct; 8 |
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| 89 | 89 | | (2) Substantially neglects the duties of a board member; 9 |
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| 90 | 90 | | (3) Is unable to discharge the powers and duties of the board; 10 |
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| 91 | 91 | | (4) Is convicted of a felony; or 11 |
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| 92 | 92 | | (5) Engaged in any conduct that could be a basis for board. 12 |
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| 93 | 93 | | (h) During the term of their tenure, board members may not hold or seek office in any state 13 |
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| 94 | 94 | | or local legislature, or serve as the chief executive of any state or local government. 14 |
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| 95 | 95 | | 42-28.11-3. Board powers. 15 |
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| 96 | 96 | | The board is vested with the following powers: 16 |
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| 97 | 97 | | (1) To meet at such times and places as it may deem necessary; 17 |
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| 98 | 98 | | (2) To hire staff persons to assist the board in carrying out its duties and functions; 18 |
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| 99 | 99 | | (3) To contract with other agencies, public or private, or persons as it deems necessary for 19 |
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| 100 | 100 | | the rendering and affording of such services, facilities, studies, and reports as will best assist it to 20 |
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| 101 | 101 | | carry out its duties and responsibilities; 21 |
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| 102 | 102 | | (4) To cooperate with and secure the cooperation of every department, agency, or 22 |
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| 103 | 103 | | instrumentality in the state government or its political subdivisions in the furtherance of the 23 |
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| 104 | 104 | | purposes of this chapter; 24 |
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| 105 | 105 | | (5) To refuse to grant a certificate to or to discipline a certified officer under this chapter 25 |
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| 106 | 106 | | or any antecedent law; 26 |
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| 107 | 107 | | (6) To compel the attendance of witnesses and the production of any book, writing, or 27 |
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| 108 | 108 | | document by issuing a subpoena therefor; and 28 |
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| 109 | 109 | | (7) To do any and all things necessary or convenient to enable it to perform wholly and 29 |
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| 110 | 110 | | adequately its duties and to exercise the power granted to it. 30 |
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| 111 | 111 | | 42-28.11-4. Background checks and other agency investigation obligations. 31 |
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| 112 | 112 | | (a) For purposes of this section, the term “employment-related information” means written 32 |
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| 113 | 113 | | information contained in an employer's records or personnel files that relates to an applicant’s 33 |
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| 114 | 114 | | performance or behavior while employed by such employer, including all performance evaluations, 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002217 - Page 4 of 11 |
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| 118 | 118 | | complaints (regardless if deemed unfounded or unsubstantiated), disciplinary records and records 1 |
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| 119 | 119 | | concerning investigations of misconduct (regardless of the result of the investigation), and records 2 |
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| 120 | 120 | | concerning eligibility for rehire. “Employment-related information” shall not include information 3 |
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| 121 | 121 | | prohibited from disclosure by federal law. 4 |
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| 122 | 122 | | (b) Any applicant who has been offered a conditional offer of employment as an officer 5 |
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| 123 | 123 | | shall submit to a background investigation by the agency looking to employ the applicant (the 6 |
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| 124 | 124 | | “employing agency”) to determine the applicant’s suitability for employment and good character. 7 |
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| 125 | 125 | | Employing agencies shall only make an offer of employment that is conditional on the completion 8 |
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| 126 | 126 | | of a background investigation of the applicant. 9 |
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| 127 | 127 | | (c) Employing agencies shall not make a nonconditional offer of employment to an 10 |
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| 128 | 128 | | applicant who has satisfied any of the grounds for discipline of this chapter, or upon finding that 11 |
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| 129 | 129 | | the applicant lacks good character. 12 |
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| 130 | 130 | | (d) Employing agencies shall disclose to the board any information it uncovers that could 13 |
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| 131 | 131 | | provide grounds for discipline by the board. 14 |
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| 132 | 132 | | (e) The board may inspect and copy the documentation of an employing agency to ensure 15 |
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| 133 | 133 | | compliance with this section. 16 |
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| 134 | 134 | | (f) The agency chief, or designee, shall verify in writing to the board under penalty of 17 |
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| 135 | 135 | | perjury that they have complied with all background check requirements and have found the 18 |
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| 136 | 136 | | applicant not to have satisfied any of the grounds for discipline except for if at least five (5) years 19 |
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| 137 | 137 | | have passed since the applicant engaged in the conduct that formed the basis for the criminal 20 |
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| 138 | 138 | | conviction and the conduct occurred before the applicant was certified as a law enforcement officer; 21 |
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| 139 | 139 | | (g) If they have found an applicant: 22 |
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| 140 | 140 | | (1) To have satisfied any of the grounds for discipline; or 23 |
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| 141 | 141 | | (2) To have satisfied any of the grounds for discipline and that at least five (5) years have 24 |
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| 142 | 142 | | passed since the applicant engaged in the conduct that formed the basis for the conviction and the 25 |
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| 143 | 143 | | conduct occurred before the applicant was certified as a law enforcement officer, the agency chief, 26 |
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| 144 | 144 | | or designee, have considered and evaluated the circumstances of the officer’s conduct in light of 27 |
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| 145 | 145 | | the factors; and 28 |
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| 146 | 146 | | (3) To have good moral character, before making any nonconditional offer of employment. 29 |
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| 147 | 147 | | (h) The board shall adopt rules that establish procedures for conducting background 30 |
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| 148 | 148 | | investigations. The rules must specify a form for employing agencies to use to document the 31 |
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| 149 | 149 | | findings of the background investigation. The background check must include, at a minimum: 32 |
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| 150 | 150 | | (1) A criminal history check; 33 |
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| 151 | 151 | | (2) Review of the National Decertification Index (and/or other similar national or regional 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002217 - Page 5 of 11 |
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| 155 | 155 | | indices specified by the board), 1 |
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| 156 | 156 | | (3) Review of board decertification, disciplinary, and any other records the board possesses 2 |
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| 157 | 157 | | concerning the applicant; 3 |
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| 158 | 158 | | (4) Review of disciplinary records held by any other state or local agency or entity; 4 |
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| 159 | 159 | | (5) Review of all employment-related information from each of the applicant’s previous 5 |
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| 160 | 160 | | and current law enforcement or correctional agency employers; 6 |
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| 161 | 161 | | (6) Communication with the local prosecuting authority in any jurisdiction in which an 7 |
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| 162 | 162 | | officer has served to determine whether the officer is on any potential impeachment disclosure list; 8 |
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| 163 | 163 | | (7) Fingerprinting the applicant for the purpose of conducting a fingerprint-based search of 9 |
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| 164 | 164 | | the Federal Bureau of Investigation, and other relevant databases to determine the existence of any 10 |
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| 165 | 165 | | warrants, arrests, or criminal records; 11 |
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| 166 | 166 | | (8) Written communication with each of the applicant’s references, including a written 12 |
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| 167 | 167 | | reference from each law enforcement, correctional, and private safety agency that has employed 13 |
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| 168 | 168 | | the applicant. Each agency providing a reference must include in their reference whether the agency 14 |
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| 169 | 169 | | is aware of any conduct committed by the applicant that could satisfy any of the grounds for 15 |
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| 170 | 170 | | discipline, including any conduct the agency was investigating, even if the agency did not complete 16 |
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| 171 | 171 | | its investigation because the applicant resigned from his or her position at the agency while the 17 |
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| 172 | 172 | | investigation was pending; and 18 |
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| 173 | 173 | | (9) Verification of the applicant’s education and military history. 19 |
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| 174 | 174 | | (i) The applicant must provide the employing agency with at least the following 20 |
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| 175 | 175 | | information: 21 |
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| 176 | 176 | | (1) A complete list of all law enforcement, correctional, and private safety agencies that 22 |
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| 177 | 177 | | have employed the applicant as well as a reference from each agency; 23 |
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| 178 | 178 | | (2) Information setting forth the facts and reasons for any of the applicant's previous 24 |
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| 179 | 179 | | separations from private or public employment or appointment, as the applicant understands them. 25 |
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| 180 | 180 | | For the purposes of this subsection, the term “separation from employment or appointment” 26 |
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| 181 | 181 | | includes any firing, termination, resignation, retirement, or voluntary or involuntary extended leave 27 |
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| 182 | 182 | | of absence from any salaried or non-salaried position; 28 |
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| 183 | 183 | | (3) A signed declaration verifying under penalty of perjury that all of the information the 29 |
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| 184 | 184 | | applicant has provided during the background investigation is true and correct to the best of the 30 |
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| 185 | 185 | | applicant’s knowledge; and 31 |
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| 186 | 186 | | (4) A signed release allowing background investigation information to be shared with other 32 |
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| 187 | 187 | | law enforcement or correctional agencies, or private safety agencies of which the applicant may 33 |
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| 188 | 188 | | become affiliated. 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC002217 - Page 6 of 11 |
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| 192 | 192 | | (j) For each applicant, the employing agency must ask each of the applicant’s current and 1 |
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| 193 | 193 | | previous employers in writing to disclose all employment-related information to the employing 2 |
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| 194 | 194 | | agency, and each employer must disclose all employment-related information upon receiving a 3 |
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| 195 | 195 | | written request from the employing agency. 4 |
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| 196 | 196 | | (1) Each employer shall also disclose the reason for the applicant’s separation from the 5 |
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| 197 | 197 | | employer. 6 |
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| 198 | 198 | | (2) Any person or entity who discloses information to the board in good-faith pursuant to 7 |
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| 199 | 199 | | this section is immune from civil liability arising from the disclosure. 8 |
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| 200 | 200 | | (k) Post-hire. 9 |
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| 201 | 201 | | (1) The employing agency shall annually run a criminal history, arrest, and warrant check 10 |
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| 202 | 202 | | for each officer it employs. 11 |
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| 203 | 203 | | (2) Employing agencies must have a policy requiring officers to immediately report to their 12 |
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| 204 | 204 | | employing agency any pending criminal charges against them, and any conviction, plea, or other 13 |
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| 205 | 205 | | case disposition. 14 |
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| 206 | 206 | | (l) Enforcement. 15 |
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| 207 | 207 | | (1) In order for a law enforcement agency to be eligible to receive any state law 16 |
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| 208 | 208 | | enforcement funding or any state-administered federal grant, the chief law enforcement officer of 17 |
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| 209 | 209 | | that agency must certify annually in writing to the board that the agency complied with all of the 18 |
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| 210 | 210 | | requirements set forth in this section in the previous calendar year. If the chief law enforcement 19 |
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| 211 | 211 | | officer submits a written certification while knowing that the agency has not complied with all of 20 |
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| 212 | 212 | | the requirements set forth under this section, they shall be fined no more than one-quarter (1/4) or 21 |
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| 213 | 213 | | one-half (1/2) of their annual salary. 22 |
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| 214 | 214 | | (m) The board also may impose a civil penalty on employing agencies not to exceed five 23 |
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| 215 | 215 | | thousand dollars ($5,000) per violation for the failure of an employing agency to follow the 24 |
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| 216 | 216 | | requirements of this section. 25 |
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| 217 | 217 | | 42-28.11-5. Reporting misconduct and other information. 26 |
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| 218 | 218 | | (a) For purposes of this section, “police oversight agency” means any agency, board, or 27 |
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| 219 | 219 | | commission created by a political subdivision to accept and review complaints against law 28 |
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| 220 | 220 | | enforcement officers employed by the political subdivision. 29 |
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| 221 | 221 | | (b) Any person or entity who discloses information to the board in good-faith pursuant to 30 |
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| 222 | 222 | | this section is immune from civil liability arising from the disclosure. 31 |
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| 223 | 223 | | (c) Permissive reporting 32 |
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| 224 | 224 | | (1) Any person or entity may notify the board of any conduct the person believes an officer 33 |
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| 225 | 225 | | has committed that could give rise to discipline from the board. Upon written request, the board 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC002217 - Page 7 of 11 |
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| 229 | 229 | | shall disclose to the person or entity who filed a notice of violation the status of the board’s review. 1 |
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| 230 | 230 | | (2) The notice of violation reported under subsection (a) of this section shall be on a form 2 |
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| 231 | 231 | | prescribed by the board. The board shall make the form publicly available by paper and electronic 3 |
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| 232 | 232 | | means. 4 |
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| 233 | 233 | | (3) Nothing in this subsection shall preclude the board from receiving, investigating, or 5 |
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| 234 | 234 | | acting upon allegations made anonymously. 6 |
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| 235 | 235 | | (4) The identity of any person or entity reporting a notice of violation shall be kept 7 |
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| 236 | 236 | | confidential and may not be disclosed without the written consent of that person. The 8 |
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| 237 | 237 | | confidentiality granted by this subsection does not preclude the disclosure of the identity of a person 9 |
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| 238 | 238 | | in any capacity other than as the source of an allegation. 10 |
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| 239 | 239 | | (d) Mandatory agency and officer reporting. An officer and his or her employing agency 11 |
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| 240 | 240 | | both shall report to the board, on a form provided by the board, any of the following within five (5) 12 |
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| 241 | 241 | | business days: 13 |
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| 242 | 242 | | (1) Separation of an officer from an employing agency for any reason, including 14 |
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| 243 | 243 | | termination, resignation, or retirement. If the employing agency accepts an officer’s resignation or 15 |
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| 244 | 244 | | retirement in lieu of termination, the employing agency shall report its reasons and rationale to the 16 |
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| 245 | 245 | | board, including the findings from any internal or external investigations into misconduct. 17 |
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| 246 | 246 | | (2). Any disciplinary action taken against an officer by the employing agency or any other 18 |
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| 247 | 247 | | federal, state, or municipal agency, organization, or department. Disciplinary action includes any 19 |
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| 248 | 248 | | suspension, demotion, or reprimand. The agency must make available to the board any records 20 |
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| 249 | 249 | | concerning the disciplinary action. 21 |
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| 250 | 250 | | (3) Any arrest of the officer for any crime. 22 |
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| 251 | 251 | | (e) Any law enforcement agency that arrests anyone the agency knows to be an officer 23 |
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| 252 | 252 | | must report the arrest to the board within five (5) business days of the arrest. 24 |
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| 253 | 253 | | (f) The employing agency, as well as any police oversight agency, shall transmit to the 25 |
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| 254 | 254 | | board any complaint it receives alleging officer conduct that could give rise to officer discipline 26 |
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| 255 | 255 | | pursuant to any grounds for discipline specified in subsection (c) of this section, in a form to be 27 |
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| 256 | 256 | | determined by the board, no later than seven (7) days after the complaint is filed. The board, 28 |
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| 257 | 257 | | however, may establish a streamlined process for the reporting or handling of minor complaints 29 |
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| 258 | 258 | | that do not involve allegations involving the use of force or officer conduct that could give rise to 30 |
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| 259 | 259 | | criminal liability. 31 |
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| 260 | 260 | | (g) The employing agency and officer both shall notify the board within two (2) days of 32 |
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| 261 | 261 | | any incident involving the use of physical force by the officer that resulted in death or serious bodily 33 |
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| 262 | 262 | | injury; or of learning that an officer has been charged with a crime, and any subsequent case 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC002217 - Page 8 of 11 |
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| 266 | 266 | | dispositions following the charge(s). 1 |
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| 267 | 267 | | (h) The employing agency shall report to the board on a form provided by the board any 2 |
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| 268 | 268 | | other officer conduct or information that could give rise to officer discipline and any other officer 3 |
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| 269 | 269 | | conduct or information that board chooses to require, including the remaining grounds for 4 |
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| 270 | 270 | | discipline no later than seven (7) days from the date the agency learns of the information. 5 |
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| 271 | 271 | | (i) An officer’s employing agency must submit any investigative findings and supporting 6 |
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| 272 | 272 | | information and documentation to the board related to the triggering events or conduct. The board 7 |
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| 273 | 273 | | may inspect and copy an employing agency’s records to ensure compliance with this subsection. 8 |
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| 274 | 274 | | (j) Enforcement. 9 |
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| 275 | 275 | | (1) In order for a law enforcement agency to be eligible to receive any state law 10 |
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| 276 | 276 | | enforcement funding or any state-administered federal grant, the chief law enforcement officer of 11 |
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| 277 | 277 | | that agency must certify annually in writing to the board that the agency complied with all of the 12 |
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| 278 | 278 | | requirements set forth in this section in the previous calendar year. If the chief law enforcement 13 |
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| 279 | 279 | | officer submits a written certification while knowing that the agency has not complied with all of 14 |
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| 280 | 280 | | the requirements set forth under this section, they shall be fined no more than one-quarter (1/4) or 15 |
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| 281 | 281 | | one-half (1/2) of their annual salary. 16 |
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| 282 | 282 | | (2) The attorney general may investigate, and if warranted, bring a civil action against any 17 |
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| 283 | 283 | | law enforcement agency to obtain equitable or declaratory relief to enforce the provisions of this 18 |
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| 284 | 284 | | section. 19 |
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| 285 | 285 | | (3) The board may impose a civil penalty on officers and employing agencies not to exceed 20 |
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| 286 | 286 | | five thousand dollars ($5,000) per violation for the failure of an officer or an employing agency to 21 |
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| 287 | 287 | | timely and accurately report information as required by this section. 22 |
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| 288 | 288 | | 42-28.11-6. Investigations and board data tracking. 23 |
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| 289 | 289 | | (a) Preliminary review. 24 |
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| 290 | 290 | | (1) When the board learns of alleged officer conduct or information that could give rise to 25 |
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| 291 | 291 | | officer discipline, the board shall complete a preliminary review of the allegations to determine if 26 |
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| 292 | 292 | | there is sufficient information to warrant further investigation. 27 |
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| 293 | 293 | | (2) Upon initiating a preliminary review of the allegations, the board shall notify the head 28 |
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| 294 | 294 | | of the agency that employs the officer who is subject of the allegations that the board is conducting 29 |
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| 295 | 295 | | a preliminary review. 30 |
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| 296 | 296 | | (3) At the board’s request, the employing agency must submit copies of any relevant 31 |
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| 297 | 297 | | investigative findings, evidence, or documentation to the board to facilitate the board’s preliminary 32 |
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| 298 | 298 | | review, in accord with rules adopted by the board. 33 |
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| 299 | 299 | | (b) If, after a preliminary review of the allegations, the board believes an officer may have 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC002217 - Page 9 of 11 |
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| 303 | 303 | | engaged in conduct or the board learns that a law enforcement agency terminated the officer’s 1 |
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| 304 | 304 | | employment for-cause or that the officer resigned in lieu of termination or retired in lieu of 2 |
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| 305 | 305 | | termination, then the board shall assign the allegations for further investigation. 3 |
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| 306 | 306 | | (c) The board shall either conduct the further investigation itself or assign the further 4 |
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| 307 | 307 | | investigation to the agency that employs the officer or the attorney general. 5 |
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| 308 | 308 | | (1) The board shall set a deadline of six (6) months from the date of assignment for the 6 |
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| 309 | 309 | | entity assigned to conduct further investigation to complete its investigation. 7 |
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| 310 | 310 | | (2) The entity conducting further investigation shall, within seven (7) days of completing 8 |
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| 311 | 311 | | an investigation, deliver an investigative summary report and copies of any evidence to the board. 9 |
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| 312 | 312 | | (d) Proceeding with charges. If the board elects to prepare and serve upon the officer a 10 |
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| 313 | 313 | | statement of charges, the board shall do so no later than four (4) months after receiving the 11 |
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| 314 | 314 | | investigative summary report, associated evidence, and any supplementary materials that the board 12 |
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| 315 | 315 | | requests from the investigating entity. 13 |
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| 316 | 316 | | (e) Data tracking and agency reporting obligations. The board shall create and maintain a 14 |
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| 317 | 317 | | database containing records for each certified officer that includes: 15 |
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| 318 | 318 | | (1) The date of initial certifications and date(s) of any recertifications; 16 |
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| 319 | 319 | | (2) All charges brought by the board and any discipline imposed by the board against the 17 |
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| 320 | 320 | | officer, including suspension and decertification; 18 |
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| 321 | 321 | | (3) The date(s) of any suspensions or decertification and the reason for said suspension or 19 |
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| 322 | 322 | | decertification; 20 |
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| 323 | 323 | | (4) All separations of an officer from an employing agency and the nature of the separations 21 |
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| 324 | 324 | | (e.g. resignation, retirement, termination, resignation in lieu of termination); 22 |
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| 325 | 325 | | (5) The reasons for any separation of an officer from an employing agency, including 23 |
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| 326 | 326 | | whether the separation was based on misconduct or occurred while the employing agency was 24 |
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| 327 | 327 | | investigating the officer for violating the employing agency’s rules or policies, or for other 25 |
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| 328 | 328 | | misconduct or improper action. 26 |
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| 329 | 329 | | (6) The nature and outcome of any disciplinary proceedings taken against the officer by an 27 |
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| 330 | 330 | | employing agency; 28 |
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| 331 | 331 | | (7) All complaints received by the board and the basis for the complaint; 29 |
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| 332 | 332 | | (8) Any incident involving the use of force by the officer that resulted in death or serious 30 |
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| 333 | 333 | | bodily injury; 31 |
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| 334 | 334 | | (9) All arrests and criminal charges brought against the officer, as well as any subsequent 32 |
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| 335 | 335 | | case dispositions following the charges; 33 |
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| 336 | 336 | | (10) Any other officer conduct reported to the board that could give rise to discipline; and 34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC002217 - Page 10 of 11 |
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| 340 | 340 | | (11) any other information the board deems appropriate. 1 |
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| 341 | 341 | | (f) The board shall actively monitor the database to identify patterns of alleged officer 2 |
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| 342 | 342 | | misconduct that could provide a basis for investigation and could inform the appropriate discipline 3 |
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| 343 | 343 | | to impose. 4 |
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| 344 | 344 | | SECTION 2. This act shall take effect upon passage. 5 |
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| 345 | 345 | | ======== |
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| 346 | 346 | | LC002217 |
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| 347 | 347 | | ======== |
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| 348 | 348 | | |
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| 349 | 349 | | |
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| 350 | 350 | | LC002217 - Page 11 of 11 |
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| 351 | 351 | | EXPLANATION |
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| 352 | 352 | | BY THE LEGISLATIVE COUNCIL |
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| 353 | 353 | | OF |
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| 354 | 354 | | A N A C T |
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| 355 | 355 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT |
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| 356 | 356 | | OFFICER SCREENING, DISCIPLINE AND DECERTIFICATION |
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| 357 | 357 | | *** |
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| 358 | 358 | | This act would create an officer discipline board and would require law enforcement 1 |
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| 359 | 359 | | personnel to comply with this act. 2 |
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| 360 | 360 | | This act would take effect upon passage. 3 |
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| 361 | 361 | | ======== |
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| 362 | 362 | | LC002217 |
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| 363 | 363 | | ======== |
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