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Rhode Island House Bill H6200

Rhode Island 2023 Regular Session

Rhode Island House Bill H6200 Compare Versions

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55 2023 -- H 6200
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77 LC002560
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT
1616 OFFICERS' BILL OF RIGHTS
1717 Introduced By: Representatives Batista, Craven, Knight, Felix, Cruz, Ajello, Potter,
1818 Kislak, Morales, and Alzate
1919 Date Introduced: March 24, 2023
2020 Referred To: House Judiciary
2121
2222
2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. The title of Chapter 42-28.6 of the General Laws entitled "Law Enforcement 1
2525 Officers’ Bill of Rights" is hereby amended to read as follows: 2
2626 CHAPTER 42-28.6 3
2727 Law Enforcement Officers’ Bill of Rights 4
2828 CHAPTER 42-28.6 5
2929 LAW ENFORCEMENT OFF ICERS' ACCOUNTABILITY ACT 6
3030 SECTION 2. Sections 42-28.6-1, 42-28.6-2, 42-28.6-4, 42-28.6-5, 42-28.6-6, 42-28.6-8, 7
3131 42-28.6-11 and 42-28.6-13 of the General Laws in Chapter 42-28.6 entitled "Law Enforcement 8
3232 Officers’ Bill of Rights" are hereby amended to read as follows: 9
3333 42-28.6-1. Definitions — Payment of legal fees. 10
3434 As used in this chapter, the following words have the meanings indicated: 11
3535 (1) “Accused law enforcement officer" means a law enforcement officer charged, accused 12
3636 or notified that the law enforcement officer is or has been suspected or under investigation for a 13
3737 violation of law or departmental rules or regulations and is subjected to the potential imposition of 14
3838 employment disciplinary action pursuant to the provisions of § 42-28.6-4, and if employment 15
3939 disciplinary action is imposed then he or she is entitled to appeal the decision for review by a 16
4040 hearing committee pursuant to the provisions of §§ 42-28.6-4 through 42-28.6-11. 17
4141 (3)(2) “Hearing” means any meeting of the hearing committee conducted pursuant to the 18
4242
4343
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4545 provisions of § 42-28.6-5. in the course of an investigatory proceeding, other than an interrogation 1
4646 at which no testimony is taken under oath, conducted by a hearing committee for the purpose of 2
4747 taking or adducing testimony or receiving evidence. 3
4848 (2)(i) “Hearing committee” means a committee which is authorized to hold a hearing on a 4
4949 complaint against a law enforcement officer and which consists of three (3) active or retired law 5
5050 enforcement officers from within the state of Rhode Island, other than chiefs of police, who have 6
5151 had no part in the investigation or interrogation of the law enforcement officer. The committee shall 7
5252 be composed of three (3) members; one member selected by the chief or the highest ranking officer 8
5353 of the law enforcement agency, one member selected by the aggrieved law enforcement officer and 9
5454 the third member shall be selected by the other two (2) members. In the event that the other two (2) 10
5555 members are unable to agree within five (5) days, then either member will make application to the 11
5656 presiding justice of the superior court and the presiding justice shall appoint the third member who 12
5757 shall be an active law enforcement officer. Upon written application by a majority of the hearing 13
5858 committee, the presiding justice, in his or her discretion, may also appoint legal counsel to assist 14
5959 the hearing committee. 15
6060 (3)(i) "Hearing committee" means a deliberative body, which is authorized, empowered, 16
6161 and constituted to act in a quasi-judicial capacity to review and approve, modify, or overturn the 17
6262 imposition of some employment disciplinary action imposed upon an accused law enforcement 18
6363 officer by the chief or the highest ranking officer of the law enforcement agency pursuant to the 19
6464 provisions of § 42-28.6-4. A hearing committee shall consist of five (5) members: one member 20
6565 selected by the chief or the highest ranking officer of the law enforcement agency, one member 21
6666 selected by the accused law enforcement officer, one member selected by the executive director of 22
6767 the Rhode Island center for justice, one member selected by the executive director of the Rhode 23
6868 Island commission for human rights, and one member selected by the presiding justice of the 24
6969 superior court, which member shall serve as chairperson of the hearing committee and be 25
7070 responsible to convene the hearing committee, coordinate the hearing dates and locale, and preside 26
7171 as chairperson at the hearing; provided, however, that none of the last three (3) mentioned member 27
7272 selectees shall be active or retired law enforcement officers, or active or former members of any 28
7373 labor organization ("civilian selectees"). Any of the civilian selectees to the hearing committee shall 29
7474 immediately disclose to the presiding justice of the superior court any circumstance likely to give 30
7575 rise to justifiable doubt as to said selectee's impartiality or independence, including any bias, 31
7676 prejudice, financial, or personal interest in the result or outcome of the hearing. The obligation to 32
7777 disclose shall remain in effect throughout the hearing. Upon written application by a majority of 33
7878 the hearing committee, the presiding justice, in their discretion, may also appoint legal counsel to 34
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8282 assist the hearing committee. Any written application made under this subsection may take the form 1
8383 of a letter to the presiding justice. When acting in response to any written application made under 2
8484 this subsection, the presiding justice shall be acting in an administrative role and not exercising 3
8585 traditional judicial authority of the superior court. 4
8686 (ii) The law enforcement agency and the accused law enforcement officer under 5
8787 investigation shall each be responsible to pay fifty percent (50%) of the legal fee of the appointed 6
8888 legal counsel for the hearing committee; provided, however, that on motion made by either party, 7
8989 the presiding justice shall have the authority to make a different disposition as to what each party 8
9090 is required to pay toward the appointed legal counsel’s legal fee. 9
9191 (1)(4) Law enforcement officer” means any permanently employed city or town police 10
9292 officer, state police officer, permanent law enforcement officer of the department of environmental 11
9393 management, or those employees of the airport corporation of Rhode Island who have been granted 12
9494 the authority to arrest by the director of said corporation. However this; provided, however, "law 13
9595 enforcement officer" this shall not include the chief of police and/or the highest ranking sworn 14
9696 officer of any of the departments including the director and deputy director of the airport 15
9797 corporation of Rhode Island. 16
9898 42-28.6-2. Conduct of investigation. 17
9999 Whenever a law enforcement officer is under investigation or subjected to interrogation by 18
100100 a law enforcement agency, for a non-criminal matter which could lead to disciplinary action, 19
101101 demotion, or dismissal, the investigation or interrogation shall be conducted under the following 20
102102 conditions: 21
103103 (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when 22
104104 the law enforcement officer is on duty. 23
105105 (2) The interrogation shall take place at an office within the department previously 24
106106 designated for that purpose by the chief of police. 25
107107 (3) The accused law enforcement officer under interrogation shall be informed of the name, 26
108108 rank, and command of the officer in charge of the investigation, the interrogating officer, and all 27
109109 persons present during the interrogation. All questions directed to the officer under interrogation 28
110110 shall be asked by and through one interrogator. 29
111111 (4) No complaint against a law enforcement officer shall be brought before a hearing 30
112112 committee unless the complaint be duly sworn to before an official authorized to administer oaths. 31
113113 (5) The accused law enforcement officer under investigation shall, prior to any 32
114114 interrogating interrogation, be informed in writing of the nature of the complaint and of the names 33
115115 of all complainants investigations. 34
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119119 (6) Interrogating Interrogation sessions shall be for reasonable periods and shall be timed 1
120120 to allow for such personal necessities and rest periods as are reasonably necessary. 2
121121 (7) Any law enforcement officer under interrogation shall not be threatened with transfer, 3
122122 dismissal, or disciplinary action. 4
123123 (8) If any law enforcement officer under interrogation is under arrest, or is likely to be 5
124124 placed under arrest as a result of the interrogation, he or she they shall be completely informed of 6
125125 all his or her their rights prior to the commencement of the interrogation. 7
126126 (9) At the request of any law enforcement officer under interrogation, he or she they shall 8
127127 have the right to be represented by counsel of his or her their choice who shall be present at all 9
128128 times during the interrogation. The interrogation shall be suspended for a reasonable time until 10
129129 representation can be obtained. 11
130130 (10) No statute shall abridge nor shall any law enforcement agency adopt any regulation 12
131131 which prohibits the right of a an accused law enforcement officer to bring suit arising out of his or 13
132132 her duties as a law enforcement officer. 14
133133 (11) No law enforcement agency shall insert any adverse material into any file of the 15
134134 accused officer unless the accused officer has an opportunity to review and receive a copy of the 16
135135 material in writing, unless the accused officer waives these rights in writing. 17
136136 (12) No public statement shall be made prior to a decision being rendered by the hearing 18
137137 committee imposing employment disciplinary action pursuant to the provisions of § 42-28.6-4 and 19
138138 no public statement shall be made if the officer is found innocent unless the accused officer requests 20
139139 a public statement; provided, however, that this subdivision shall not apply if the accused officer 21
140140 makes a public statement. The foregoing shall not preclude a law enforcement agency, in a criminal 22
141141 matter, from releasing information pertaining to criminal charges which have been filed against a 23
142142 an accused law enforcement officer, the accused officer’s status of employment and the identity of 24
143143 any administrative charges brought against said the accused officer as a result of said the criminal 25
144144 charges. This subsection shall not be construed to prohibit the release of any video evidence at any 26
145145 time. 27
146146 (13) No law enforcement officer shall be compelled to speak or testify before, or be 28
147147 questioned by, any non-governmental agency. 29
148148 42-28.6-4. Right to hearing — Notice request for hearing — Selection of hearing 30
149149 committee Imposition of discipline -- Right to hearing -- Selection of hearing committee. 31
150150 (a) If the investigation or interrogation of a law enforcement officer results in the 32
151151 recommendation of some action, such as demotion, transfer, dismissal, loss of pay, reassignment, 33
152152 or similar action which would be considered a punitive measure, then, before taking such action, 34
153153
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156156 the law enforcement agency shall give notice to the law enforcement officer that he or she is entitled 1
157157 to a hearing on the issues by a hearing committee. The law enforcement officer may be relieved of 2
158158 duty subject to § 42-28.6-13 of this chapter, and shall receive all ordinary pay and benefits as he 3
159159 or she would have if he or she were not charged. Notwithstanding any law or municipal ordinance 4
160160 to the contrary, the chief or the highest ranking officer of the department may impose employment 5
161161 disciplinary action up to and including termination of employment upon a finding that an accused 6
162162 law enforcement officer has violated the law or engaged in conduct in violation of departmental 7
163163 rules or regulations. 8
164164 Disciplinary action for violation(s) of departmental rules and/or regulations shall not be 9
165165 instituted against a an accused law enforcement officer under this chapter more than three (3) years 10
166166 after such incident, except where such incident involves a potential criminal offense, in which case 11
167167 disciplinary action under this chapter may be instituted at any time within the statutory period of 12
168168 limitations for such offense. 13
169169 (b) Prior to imposing any employment disciplinary action, the chief or the highest ranking 14
170170 officer of the department shall provide the accused law enforcement officer with written notice 15
171171 specifying the law, rule, or regulation allegedly violated, a copy of the evidence supporting the 16
172172 alleged violation of the law, rule, or regulation, and the proposed employment disciplinary action 17
173173 being contemplated. Notice under this section shall be in writing and shall inform the law 18
174174 enforcement officer of the following: 19
175175 (i) The nature of the charge(s) against him or her and, if known, the date(s) of the alleged 20
176176 offense(s); 21
177177 (ii) The recommended penalty; 22
178178 (iii) The fact that he or she has five (5) days from receipt of the notice within which to 23
179179 submit a written request for a hearing; and 24
180180 (iv) The name and address of the officer to whom a written request for a hearing (and other 25
181181 related written communications) should be addressed. 26
182182 (c) The accused law enforcement officer shall be provided a reasonable opportunity and 27
183183 time period, not less than three (3) days after service of the notice, to respond to the notice. The 28
184184 response submitted by the accused law enforcement officer may be in writing and may include 29
185185 exculpatory, explanatory, or mitigating evidence or may include a request to provide an oral 30
186186 explanation or to submit evidence in-person. 31
187187 (d) If the chief or the highest ranking officer of the department, after considering the 32
188188 response and evidence submitted by the accused law enforcement officer, imposes employment 33
189189 disciplinary action then the law enforcement agency shall give notice to the accused law 34
190190
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193193 enforcement officer that they are entitled to an appeal of the decision to impose discipline to a 1
194194 hearing committee. 2
195195 (e) If the accused law enforcement officer requests an opportunity to provide an oral 3
196196 explanation or submit evidence in-person pursuant to the provisions of subsection (c) of this 4
197197 section, then the chief or highest ranking officer of the department shall arrange a stenographer to 5
198198 record verbatim the oral explanation or in-person submission of evidence to be conducted in the 6
199199 presence of the chief or the highest ranking officer of the department within seven (7) days of 7
200200 receiving the request from the accused law enforcement officer. 8
201201 (c)(f) The accused law enforcement officer shall, within five (5) days of his or her their 9
202202 receipt of notice given pursuant to subsection (b) herein notice that the accused law enforcement 10
203203 officer is entitled to an appeal of the decision, file a written request for hearing with the officer 11
204204 designated in accordance with subdivision (b)(iv) law enforcement agency. Failure to file a written 12
205205 request for a hearing shall constitute a waiver of his or her their right to a hearing under this chapter; 13
206206 provided, however, that the presiding justice of the superior court, upon petition and for good cause 14
207207 shown, may permit the filing of an untimely request for hearing. 15
208208 (d)(g) The accused law enforcement officer shall provide the charging law enforcement 16
209209 agency with the name of one active or retired law enforcement officer to serve on the hearing 17
210210 committee, within five (5) days of the filing of his or her their request for a hearing. Failure by the 18
211211 law enforcement officer to file his or her their filing committee selection within the time period 19
212212 shall constitute a waiver of his or her their right to a hearing under this chapter; provided, however, 20
213213 that the presiding justice of the superior court, upon petition and for good cause shown, may permit 21
214214 the filing of an untimely hearing committee selection by the accused officer. The charging law 22
215215 enforcement agency may impose the recommended penalty during the pendency of any such 23
216216 petition. 24
217217 (e)(h) The charging law enforcement agency shall provide the accused law enforcement 25
218218 officer with the name of one active or retired law enforcement officer to serve on the hearing 26
219219 committee, within five (5) days of its receipt of the accused officer’s request for a hearing. Failure 27
220220 by the charging law enforcement agency to file its hearing committee selection within that time 28
221221 period shall constitute a dismissal of all charges against the law enforcement officer, with prejudice; 29
222222 provided Provided, however, that the presiding justice of the superior court, upon petition and for 30
223223 good cause shown, and may permit the filing of an untimely hearing committee selection by the 31
224224 agency. Except as expressly provided in § 42-28.6-13 of this chapter, no disciplinary action shall 32
225225 be taken against the officer by virtue of the stated charges during the pendency of any such petition. 33
226226 (f) Within five (5) days of the charging law enforcement agency’s selection of a hearing 34
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230230 committee member, the hearing committee members selected by the accused officer and by the 1
231231 agency shall: 2
232232 (i) Jointly select a third hearing committee member, who shall serve as chairperson of 3
233233 jointly make written applications to the executive director of the Rhode Island center for justice, 4
234234 the executive director of the Rhode Island commission for human rights, and the presiding justice 5
235235 of the superior court, advising them to make their respective selectins to the hearing committee; 6
236236 within fifteen (15) calendar days of their respective receipts of said applications. 7
237237 (ii) Petition the presiding justice of the superior court to select a third hearing committee 8
238238 member, who shall be an active law enforcement officer, and who shall serve as chairperson of the 9
239239 hearing committee; or 10
240240 (iii) Agree to an extension of time, not to exceed thirty (30) days, for the selection of a third 11
241241 hearing committee member. 12
242242 (g)(j) Law enforcement officers selected to serve on a hearing committee under this chapter 13
243243 shall be relieved of duty for each day of actual hearing and shall be compensated by their respective 14
244244 agencies at their ordinary daily rate of pay for each day actually spent in the conduct of the hearing 15
245245 hereunder. 16
246246 (h) Two (2) lists of active police officers available to serve as chairpersons of hearing 17
247247 committees under this chapter shall be provided annually to the presiding justice of the superior 18
248248 court. One list shall be provided by the Rhode Island Police Chiefs’ Association; the other shall be 19
249249 appointed, jointly, by the Fraternal Order of Police and the International Brotherhood of Police 20
250250 Officers. In selecting officers to serve as chairpersons of hearing committees under this chapter, 21
251251 the presiding justice shall alternate between the two (2) lists so provided. 22
252252 (i) Whenever a law enforcement officer faces disciplinary action as a result of criminal 23
253253 charges, the provisions of subsections (c), (d), (e) and (f) shall be suspended pending the 24
254254 adjudication of said criminal charges. 25
255255 (k) At all proceedings conducted pursuant to the provisions of this section, the accused law 26
256256 enforcement officer may be represented by an attorney. 27
257257 (l) Nothing contained herein shall be construed to prevent the chief or the highest ranking 28
258258 officer of the department from immediately imposing employment disciplinary action after 29
259259 considering the response and evidence submitted by the accused law enforcement officer to include 30
260260 any in-person submission pursuant to subsection (d) of this section. 31
261261 (m) No collective bargaining agreement (CBA) or contract entered into or made effective 32
262262 on or after July 1, 2023 shall contain any provision modifying, changing or contravening the 33
263263 provisions of this section. Any provision in a CBA or contract modifying, changing, or 34
264264
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267267 contravening the provisions of this section contained within a CBA or contract entered into or made 1
268268 effective on or after July 1, 2023 shall be void as a violation of public policy. 2
269269 (n) At any time prior to the imposition of an employment disciplinary action by the chief 3
270270 or highest ranking officer of the department pursuant to the provisions of this chapter, the accused 4
271271 law enforcement officer may submit a written offer consenting to a specified employment 5
272272 disciplinary action to be imposed by the chief or highest ranking officer of the department. The 6
273273 submission of the written offer consenting to a specified employment disciplinary action, if 7
274274 accepted by the chief or highest ranking officer of the department, shall constitute a waiver by the 8
275275 accused law enforcement officer of the right to a hearing before a committee pursuant to § 42-28.6-9
276276 5 and a waiver of any applicable right to a claim pursuant to a CBA or contract. Upon acceptance 10
277277 by the chief or highest ranking officer of the department of the terms of the written offer and upon 11
278278 imposition of discipline in accordance with the terms of the written offer, any further adverse 12
279279 employment disciplinary action shall be terminated related to the matter identified in the written 13
280280 notice provided pursuant to subsection (b) of this section. If the written offer submitted by the 14
281281 accused law enforcement offer is rejected or not accepted by the chief or the highest ranking law 15
282282 enforcement officer of the department then the offer shall be null and void, and no evidence that an 16
283283 offer was made shall be considered and there shall be no reference to the offer in any proceeding, 17
284284 hearing, or appeal subject to the provisions of this chapter. 18
285285 42-28.6-5. Conduct of hearing. 19
286286 (a) The hearing shall be conducted by the hearing committee selected in accordance with 20
287287 the provisions of § 42-28.6-4 of this chapter. Both the law enforcement agency and the accused law 21
288288 enforcement officer shall be given ample opportunity to present evidence and argument with 22
289289 respect to the issues involved. Both may be represented by counsel. Upon petition and for good 23
290290 cause shown, the presiding justice of the superior court may order a committee hearing under this 24
291291 section to be held in abeyance pending the outcome of any criminal investigation or criminal 25
292292 charges against an accused law enforcement officer. 26
293293 (b) The hearing shall be convened at the call of the chair; shall commence within thirty 27
294294 (30) days after the selection of a chairperson of the hearing committee; and shall be completed 28
295295 within sixty (60) days of the commencement of the hearing. The hearing committee shall render a 29
296296 written decision within thirty (30) days after the conclusion of the hearing. The time limits 30
297297 established in this subsection may, upon written application, be extended by the presiding justice 31
298298 of the superior court for good cause shown. Any written application made under this subsection 32
299299 may take the form of a letter to the presiding justice. When acting in response to any written 33
300300 application made under this subsection, the presiding justice shall be acting in an administrative 34
301301
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304304 role and not exercising traditional judicial authority of the superior court. 1
305305 (c) Not less than ten (10) days prior to the first hearing date, the charging law enforcement 2
306306 agency shall provide to the accused law enforcement officer: 3
307307 (i) A list of all witnesses, known to the agency at that time, to be called by the agency to 4
308308 testify at the hearing; 5
309309 (ii) Copies of all written and/or recorded statements by such witnesses in the possession of 6
310310 the agency; and 7
311311 (iii) A list of all documents and other items to be offered as evidence at the hearing. 8
312312 (d) Not less than five (5) days prior to the first hearing date, the accused law enforcement 9
313313 officer shall provide to the charging law enforcement agency a list of all witnesses, known to the 10
314314 officer at that time, to be called by the officer to testify at the hearing. 11
315315 (1) A list of all witnesses, known to the accused law enforcement officer at that time, to be 12
316316 called by the accused officer to testify at the hearing; 13
317317 (2) Copies of all written and/or recorded statements by such witnesses in the possession of 14
318318 the accused officer; and 15
319319 (3) A list of all documents and other items to be offered as evidence by the accused officer 16
320320 at the hearing. 17
321321 (e) Failure by either party to comply with the provisions of subsections (c) and (d) of this 18
322322 section shall result in the exclusion from the record of the hearing of testimony and/or evidence not 19
323323 timely disclosed in accordance with those subsections. If the agency or the accused law 20
324324 enforcement officer fails to comply with the provisions of subsections (c) and (d) of this section, 21
325325 then, upon the request of the other party, the hearing committee shall examine and balance four (4) 22
326326 factors in assessing a discretionary sanction, if any: 23
327327 (1) The reason for the non-disclosure; 24
328328 (2) The extent of prejudice to the opposing party; 25
329329 (3) The feasibility of rectifying that prejudice by a continuance; and 26
330330 (4) Any other relevant factors. 27
331331 The permissible sanctions the hearing committee may impose are: exclusion of a witness 28
332332 from testifying; exclusion of a witness from testifying about certain matters; and exclusion of 29
333333 written or recorded statements, documents, or other items from evidence; provided, however, the 30
334334 hearing committee shall give due deference to serving the interests of justice by imposing such 31
335335 sanctions rarely and sparingly, permitting evidence to be adduced liberally, absent a compelling 32
336336 public interest to the contrary. 33
337337 42-28.6-6. Evidence at hearing — Hearing record. 34
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341341 (a) Evidence which possesses probative value commonly accepted by reasonable and 1
342342 prudent persons in the conduct of their affairs shall be admissible and shall be given probative 2
343343 effect. The hearing committee conducting the hearing shall give effect to the rules of privilege 3
344344 recognized by law, and may exclude incompetent, irrelevant, immaterial, and unduly repetitious 4
345345 evidence. All records and documents which any party desires to use shall be offered and made part 5
346346 of the record. 6
347347 (b) No statements, documents, or and/or other evidence and no copies of any statements, 7
348348 documents, or and/or other evidence shall be presented to the hearing committee prior to the 8
349349 hearing. 9
350350 (c) All proceedings before the hearing committee shall be recorded by stenographic record, 10
351351 the expense of which shall be borne equally by the charging law enforcement agency and the 11
352352 accused law enforcement officer or the accused officer's labor organization. A copy of the record 12
353353 shall be provided to the accused law enforcement officer or his or her their attorney or 13
354354 representative of record upon request. 14
355355 42-28.6-8. Witness fees. 15
356356 Witness fees and mileage, if claimed, shall be allowed the same as for testimony in the 16
357357 superior court. Witness fees, mileage, and the actual expenses necessarily incurred in securing 17
358358 attendance of witnesses and their testimony shall be itemized, and shall be paid by the law 18
359359 enforcement agency if the accused officer is ultimately found innocent of all charges. 19
360360 42-28.6-11. Decisions of hearing committee. 20
361361 (a) The hearing committee shall be empowered to sustain, modify in whole or in part, or 21
362362 reverse the complaint or charges of, by majority vote, the investigating authority, as provided in § 22
363363 42-28.6-4. imposition of discipline or the severity of the employment disciplinary action imposed 23
364364 by the law enforcement agency; provided, however, the hearing committee shall give complete 24
365365 deference to the discipline imposed by the chief of police, and is not empowered to modify it to 25
366366 any degree or extent, unless it finds, by clear and convincing evidence, that the imposition of 26
367367 employment disciplinary action, such as demotion, transfer, loss of pay, reassignment, suspension, 27
368368 or termination was arbitrary and capricious. If the investigation determines that an accused law 28
369369 enforcement officer willfully committed or engaged in any behavior involving or constituting 29
370370 excessive force, violence, falsification, or untruthfulness in making or submitting any report, 30
371371 witness statement, narrative, or other document, theft of any kind, misuse of department equipment, 31
372372 including deliberate failure to activate body worn cameras, or engaged in a hate crime, or racist or 32
373373 biased behavior, the chief of police shall terminate the accused law enforcement officer's 33
374374 employment; and if a hearing committee sustains any charges of committing or engaging in such 34
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378378 behavior, in addition to termination of employment, the accused law enforcement officer's pension, 1
379379 retirement, and all other post-employment benefits shall be revoked and divested by the appropriate 2
380380 pension plan administrator, retirement board, or such other authority having jurisdiction over said 3
381381 pension, retirement, and all other post-employment benefits. 4
382382 (b) Any decision, order, or action taken as a result of the hearing shall be in writing and 5
383383 shall be accompanied by findings of fact. The findings shall consist of a concise statement upon 6
384384 each issue in the case. Copies of the decision or order and accompanying findings and conclusions 7
385385 shall be delivered or mailed promptly to the accused law enforcement officer or to his or her their 8
386386 attorney or representative of record and to the accused law enforcement agency or to its attorney or 9
387387 representative of record. 10
388388 (c) In any proceeding under this chapter, it shall be the burden of the charging accused law 11
389389 enforcement agency to prove, by a fair preponderance of the evidence, that the law enforcement 12
390390 officer is guilty of the offense(s) or violation(s) of which he or she is accused and that the 13
391391 employment disciplinary action imposed was fair, just, and proportional to the offense and to the 14
392392 circumstances of the accused law enforcement officer's previous service and conduct. 15
393393 42-28.6-13. Suspensions. 16
394394 (a) The provisions of this chapter are not intended to prohibit suspensions by the chief or 17
395395 the highest ranking officer of the law enforcement agency. 18
396396 (b) Summary punishment of two (2) days’ suspension without pay may be imposed for 19
397397 minor violations of departmental rules and regulations. Appeals of suspension under this subsection 20
398398 shall be subject to the grievance provisions of any applicable collective bargaining agreement. 21
399399 (c)(b) Unless and until discipline is imposed pursuant to the provisions of § 42-28.6-4, a 22
400400 suspension Suspension may be imposed by the chief or the highest ranking sworn officer of the law 23
401401 enforcement agency when the accused law enforcement officer is under investigation for a criminal 24
402402 felony matter. Any suspension shall consist of the accused law enforcement officer being relieved 25
403403 of duty, and he or she they shall receive all ordinary pay and benefits as he or she they would 26
404404 receive if he or she they were not suspended. Suspension under this subsection shall not exceed one 27
405405 hundred eighty (180) days. 28
406406 (d)(c) Unless and until discipline is imposed pursuant to the provisions of § 42-28.6-4, a 29
407407 suspension Suspension may be imposed by the chief or highest ranking sworn officer of the law 30
408408 enforcement agency when the accused law enforcement officer in under investigation for a 31
409409 misdemeanor criminal matter. Any such suspension shall consist of the accused law enforcement 32
410410 officer being relieved of duty, and he or she they shall receive all ordinary pay and benefits as he 33
411411 or she would receive if he or she they were not suspended. Suspension under this subsection shall 34
412412
413413
414414 LC002560 - Page 12 of 14
415415 not exceed thirty (30) days; provided, however, that if an accused officer is charged with a 1
416416 misdemeanor offense the chief or highest ranking sworn officer of the law enforcement agency 2
417417 may continue said suspension with pay up to a total of one hundred and eighty (180) days. If the 3
418418 disposition of the criminal matter does not take place within one hundred eighty (180) days of the 4
419419 commencement of such suspension, the accused law enforcement officer may be suspended without 5
420420 pay and benefits; provided, however, that the accused officer’s entitlement to such medical 6
421421 insurance, dental insurance, disability insurance, and life insurance as is available to all other 7
422422 officers within the agency shall not be suspended. The accused law enforcement officer may 8
423423 petition the presiding justice of the superior court for a stay of the suspension without pay, and such 9
424424 stay shall be granted upon a showing that said delay in the criminal disposition was outside the 10
425425 accused law enforcement officer’s control. In the event the accused law enforcement officer is 11
426426 acquitted of any misdemeanor related thereto, the officer shall be forthwith reinstated and 12
427427 reimbursed all salary and benefits that have not been paid during the suspension period, unless the 13
428428 salary or benefits were the subject of discipline imposed pursuant to the provisions of § 42-28.6-4. 14
429429 (e)(d) Unless and until discipline is imposed pursuant to the provisions of § 42-28.6-4, a 15
430430 suspension Suspension be imposed by the chief or highest ranking sworn officer of the law 16
431431 enforcement agency when the accused law enforcement officer is under investigation for a 17
432432 noncriminal matter. Any such suspension shall consist of the accused law enforcement officer being 18
433433 relieved of duty, and he or she they shall receive all ordinary pay and benefits as he or she they 19
434434 would receive if he or she they were not suspended. Suspension under this subsection shall not 20
435435 exceed fifteen (15) days or any other time frame established under the provisions of any applicable 21
436436 collective bargaining agreement. 22
437437 (f)(e) Unless and until discipline is imposed pursuant to the provisions of § 42-28.6-4, a 23
438438 suspension Suspension may be imposed by the chief or highest ranking sworn officer of the law 24
439439 enforcement agency upon receipt of serving notice or disciplinary action in accordance with § 42-25
440440 28.6-4(b) of this chapter in which termination or demotion is the recommended punishment 26
441441 contemplated. Any such suspension shall consist of the accused law enforcement officer being 27
442442 relieved of duty, and he or she they shall receive all ordinary pay and benefits as he or she they 28
443443 would receive if he or she were not so suspended. 29
444444 (g)(f) Unless and until discipline is imposed pursuant to the provisions of § 42-28.6-4, a 30
445445 suspension of any accused Any law enforcement officer who is charged, indicted or informed 31
446446 against for a felony or who is convicted of and incarcerated for a misdemeanor may be suspended 32
447447 without pay and benefits at the discretion of the agency or chief or highest ranking sworn officers; 33
448448 provided, however, that the accused officer’s entitlement to medical insurance, dental insurance, 34
449449
450450
451451 LC002560 - Page 13 of 14
452452 disability insurance, and life insurance as is available to all other officers within the agency shall 1
453453 not be suspended. In the event that the accused law enforcement officer is acquitted of any felony 2
454454 related thereto, the accused officer shall be reinstated and reimbursed forthwith for all salary and 3
455455 benefits that have not been paid during the suspension period; provided, however, that 4
456456 reinstatement and reimbursement shall not be required if the agency proceeds with employment 5
457457 disciplinary action with charges, notice, and hearing under the provisions of this chapter. 6
458458 (h)(g) Unless and until discipline is imposed pursuant to the provisions of § 42-28.6-4, a 7
459459 suspension of any accused Any law enforcement officer who is convicted of a felony or 8
460460 misdemeanor shall, pending the prosecution of an appeal, be suspended without pay and benefits; 9
461461 provided, however, that the accused officer’s entitlement to such medical insurance, dental 10
462462 insurance, disability insurance, and life insurance as is available to all other officers within the 11
463463 agency shall not be suspended. Whenever, upon appeal, such conviction is reversed, the suspension 12
464464 under this subsection shall terminate and the accused law enforcement officer shall forthwith be 13
465465 paid the salary and benefits that would have been paid to him or her them during that period of 14
466466 suspension; provided, however, that reinstatement and reimbursement shall not be required if the 15
467467 agency proceeds with employment disciplinary action with charges, notice, and hearing under the 16
468468 provisions of this chapter. 17
469469 (i)(h) Any accused law enforcement officer who pleads guilty or no contest to a felony 18
470470 charge or whose conviction of a felony has, after or in the absence of a timely appeal, become final 19
471471 may be dismissed by the law enforcement agency and, in the event of such dismissal, other 20
472472 provisions of this chapter shall not apply. 21
473473 SECTION 3. Chapter 42-28.6 of the General Laws entitled "Law Enforcement Officers’ 22
474474 Bill of Rights" is hereby amended by adding thereto the following section: 23
475475 42-28.6-18. Title. 24
476476 This chapter shall be known and maybe cited as the "Law Enforcement Officers' 25
477477 Accountability Act." 26
478478 SECTION 4. This act shall take effect upon passage. 27
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484484 LC002560 - Page 14 of 14
485485 EXPLANATION
486486 BY THE LEGISLATIVE COUNCIL
487487 OF
488488 A N A C T
489489 RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT
490490 OFFICERS' BILL OF RIGHTS
491491 ***
492492 This act would amend the Law Enforcement Officers' Bill of Rights to provide greater 1
493493 accountability in the disciplinary process over accused law enforcement officers. The act would 2
494494 provide that upon a finding that an accused law enforcement officer has violated a law or 3
495495 department of rule or regulation then the chief of police may impose discipline up to and including 4
496496 termination of employment. The accused police officer may appeal the chief's decision to a five (5) 5
497497 member hearing committee. The act would further provide that the hearing committee may affirm, 6
498498 reverse, or modify the chief's decision. 7
499499 This act would take effect upon passage. 8
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