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| 5 | 5 | | 2023 -- S 0360 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000695 |
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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 | | OFFICERS' BILL OF RIGHTS |
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| 17 | 17 | | Introduced By: Senators Mack, Acosta, Kallman, Bell, and Valverde |
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| 18 | 18 | | Date Introduced: February 16, 2023 |
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| 19 | 19 | | Referred To: Senate Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Chapter 42-28.6 of the General Laws entitled "Law Enforcement Officers’ 1 |
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| 24 | 24 | | Bill of Rights" is hereby repealed in its entirety. 2 |
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| 25 | 25 | | CHAPTER 42-28.6 3 |
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| 26 | 26 | | Law Enforcement Officers’ Bill of Rights 4 |
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| 27 | 27 | | 42-28.6-1. Definitions — Payment of legal fees. 5 |
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| 28 | 28 | | As used in this chapter, the following words have the meanings indicated: 6 |
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| 29 | 29 | | (1) “Law enforcement officer” means any permanently employed city or town police 7 |
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| 30 | 30 | | officer, state police officer, permanent law enforcement officer of the department of environmental 8 |
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| 31 | 31 | | management, or those employees of the airport corporation of Rhode Island who have been granted 9 |
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| 32 | 32 | | the authority to arrest by the director of said corporation. However this shall not include the chief 10 |
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| 33 | 33 | | of police and/or the highest ranking sworn officer of any of the departments including the director 11 |
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| 34 | 34 | | and deputy director of the airport corporation of Rhode Island. 12 |
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| 35 | 35 | | (2)(i) “Hearing committee” means a committee which is authorized to hold a hearing on a 13 |
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| 36 | 36 | | complaint against a law enforcement officer and which consists of three (3) active or retired law 14 |
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| 37 | 37 | | enforcement officers from within the state of Rhode Island, other than chiefs of police, who have 15 |
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| 38 | 38 | | had no part in the investigation or interrogation of the law enforcement officer. The committee shall 16 |
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| 39 | 39 | | be composed of three (3) members; one member selected by the chief or the highest ranking officer 17 |
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| 40 | 40 | | of the law enforcement agency, one member selected by the aggrieved law enforcement officer and 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000695 - Page 2 of 11 |
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| 44 | 44 | | the third member shall be selected by the other two (2) members. In the event that the other two (2) 1 |
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| 45 | 45 | | members are unable to agree within five (5) days, then either member will make application to the 2 |
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| 46 | 46 | | presiding justice of the superior court and the presiding justice shall appoint the third member who 3 |
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| 47 | 47 | | shall be an active law enforcement officer. Upon written application by a majority of the hearing 4 |
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| 48 | 48 | | committee, the presiding justice, in his or her discretion, may also appoint legal counsel to assist 5 |
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| 49 | 49 | | the hearing committee. 6 |
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| 50 | 50 | | (ii) The law enforcement agency and the law enforcement officer under investigation shall 7 |
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| 51 | 51 | | each be responsible to pay fifty percent (50%) of the legal fee of the appointed legal counsel for 8 |
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| 52 | 52 | | the hearing committee; provided, however, that on motion made by either party, the presiding 9 |
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| 53 | 53 | | justice shall have the authority to make a different disposition as to what each party is required to 10 |
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| 54 | 54 | | pay toward the appointed legal counsel’s legal fee. 11 |
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| 55 | 55 | | (3) “Hearing” means any meeting in the course of an investigatory proceeding, other than 12 |
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| 56 | 56 | | an interrogation at which no testimony is taken under oath, conducted by a hearing committee for 13 |
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| 57 | 57 | | the purpose of taking or adducing testimony or receiving evidence. 14 |
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| 58 | 58 | | 42-28.6-2. Conduct of investigation. 15 |
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| 59 | 59 | | Whenever a law enforcement officer is under investigation or subjected to interrogation by 16 |
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| 60 | 60 | | a law enforcement agency, for a non-criminal matter which could lead to disciplinary action, 17 |
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| 61 | 61 | | demotion, or dismissal, the investigation or interrogation shall be conducted under the following 18 |
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| 62 | 62 | | conditions: 19 |
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| 63 | 63 | | (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when 20 |
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| 64 | 64 | | the law enforcement officer is on duty. 21 |
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| 65 | 65 | | (2) The interrogation shall take place at an office within the department previously 22 |
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| 66 | 66 | | designated for that purpose by the chief of police. 23 |
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| 67 | 67 | | (3) The law enforcement officer under interrogation shall be informed of the name, rank, 24 |
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| 68 | 68 | | and command of the officer in charge of the investigation, the interrogating officer, and all persons 25 |
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| 69 | 69 | | present during the interrogation. All questions directed to the officer under interrogation shall be 26 |
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| 70 | 70 | | asked by and through one interrogator. 27 |
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| 71 | 71 | | (4) No complaint against a law enforcement officer shall be brought before a hearing 28 |
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| 72 | 72 | | committee unless the complaint be duly sworn to before an official authorized to administer oaths. 29 |
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| 73 | 73 | | (5) The law enforcement officer under investigation shall, prior to any interrogating, be 30 |
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| 74 | 74 | | informed in writing of the nature of the complaint and of the names of all complainants. 31 |
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| 75 | 75 | | (6) Interrogating sessions shall be for reasonable periods and shall be timed to allow for 32 |
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| 76 | 76 | | such personal necessities and rest periods as are reasonably necessary. 33 |
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| 77 | 77 | | (7) Any law enforcement officer under interrogation shall not be threatened with transfer, 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000695 - Page 3 of 11 |
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| 81 | 81 | | dismissal, or disciplinary action. 1 |
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| 82 | 82 | | (8) If any law enforcement officer under interrogation is under arrest, or is likely to be 2 |
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| 83 | 83 | | placed under arrest as a result of the interrogation, he or she shall be completely informed of all his 3 |
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| 84 | 84 | | or her rights prior to the commencement of the interrogation. 4 |
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| 85 | 85 | | (9) At the request of any law enforcement officer under interrogation, he or she shall have 5 |
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| 86 | 86 | | the right to be represented by counsel of his or her choice who shall be present at all times during 6 |
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| 87 | 87 | | the interrogation. The interrogation shall be suspended for a reasonable time until representation 7 |
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| 88 | 88 | | can be obtained. 8 |
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| 89 | 89 | | (10) No statute shall abridge nor shall any law enforcement agency adopt any regulation 9 |
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| 90 | 90 | | which prohibits the right of a law enforcement officer to bring suit arising out of his or her duties 10 |
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| 91 | 91 | | as a law enforcement officer. 11 |
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| 92 | 92 | | (11) No law enforcement agency shall insert any adverse material into any file of the officer 12 |
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| 93 | 93 | | unless the officer has an opportunity to review and receive a copy of the material in writing, unless 13 |
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| 94 | 94 | | the officer waives these rights in writing. 14 |
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| 95 | 95 | | (12) No public statement shall be made prior to a decision being rendered by the hearing 15 |
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| 96 | 96 | | committee and no public statement shall be made if the officer is found innocent unless the officer 16 |
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| 97 | 97 | | requests a public statement; provided, however, that this subdivision shall not apply if the officer 17 |
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| 98 | 98 | | makes a public statement. The foregoing shall not preclude a law enforcement agency, in a criminal 18 |
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| 99 | 99 | | matter, from releasing information pertaining to criminal charges which have been filed against a 19 |
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| 100 | 100 | | law enforcement officer, the officer’s status of employment and the identity of any administrative 20 |
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| 101 | 101 | | charges brought against said officer as a result of said criminal charges. 21 |
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| 102 | 102 | | (13) No law enforcement officer shall be compelled to speak or testify before, or be 22 |
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| 103 | 103 | | questioned by, any non-governmental agency. 23 |
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| 104 | 104 | | 42-28.6-3. Disclosure of personal information. 24 |
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| 105 | 105 | | No law enforcement officer shall be required or requested to disclose any item of his or her 25 |
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| 106 | 106 | | property, income, assets, source of income, debts, or personal or domestic expenditures (including 26 |
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| 107 | 107 | | those of any member of his or her family or household) unless that information is necessary in 27 |
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| 108 | 108 | | investigating a possible conflict of interest with respect to the performance of his or her official 28 |
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| 109 | 109 | | duties, or unless the disclosure is required by law. 29 |
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| 110 | 110 | | 42-28.6-4. Right to hearing — Notice request for hearing — Selection of hearing 30 |
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| 111 | 111 | | committee. 31 |
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| 112 | 112 | | (a) If the investigation or interrogation of a law enforcement officer results in the 32 |
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| 113 | 113 | | recommendation of some action, such as demotion, transfer, dismissal, loss of pay, reassignment, 33 |
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| 114 | 114 | | or similar action which would be considered a punitive measure, then, before taking such action, 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000695 - Page 4 of 11 |
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| 118 | 118 | | the law enforcement agency shall give notice to the law enforcement officer that he or she is entitled 1 |
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| 119 | 119 | | to a hearing on the issues by a hearing committee. The law enforcement officer may be relieved of 2 |
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| 120 | 120 | | duty subject to § 42-28.6-13 of this chapter, and shall receive all ordinary pay and benefits as he 3 |
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| 121 | 121 | | or she would have if he or she were not charged. 4 |
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| 122 | 122 | | Disciplinary action for violation(s) of departmental rules and/or regulations shall not be 5 |
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| 123 | 123 | | instituted against a law enforcement officer under this chapter more than three (3) years after such 6 |
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| 124 | 124 | | incident, except where such incident involves a potential criminal offense, in which case 7 |
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| 125 | 125 | | disciplinary action under this chapter may be instituted at any time within the statutory period of 8 |
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| 126 | 126 | | limitations for such offense. 9 |
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| 127 | 127 | | (b) Notice under this section shall be in writing and shall inform the law enforcement 10 |
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| 128 | 128 | | officer of the following: 11 |
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| 129 | 129 | | (i) The nature of the charge(s) against him or her and, if known, the date(s) of the alleged 12 |
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| 130 | 130 | | offense(s); 13 |
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| 131 | 131 | | (ii) The recommended penalty; 14 |
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| 132 | 132 | | (iii) The fact that he or she has five (5) days from receipt of the notice within which to 15 |
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| 133 | 133 | | submit a written request for a hearing; and 16 |
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| 134 | 134 | | (iv) The name and address of the officer to whom a written request for a hearing (and other 17 |
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| 135 | 135 | | related written communications) should be addressed. 18 |
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| 136 | 136 | | (c) The law enforcement officer shall, within five (5) days of his or her receipt of notice 19 |
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| 137 | 137 | | given pursuant to subsection (b) herein, file a written request for hearing with the officer designated 20 |
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| 138 | 138 | | in accordance with subdivision (b)(iv). Failure to file a written request for a hearing shall constitute 21 |
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| 139 | 139 | | a waiver of his or her right to a hearing under this chapter; provided, however, that the presiding 22 |
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| 140 | 140 | | justice of the superior court, upon petition and for good cause shown, may permit the filing of an 23 |
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| 141 | 141 | | untimely request for hearing. 24 |
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| 142 | 142 | | (d) The law enforcement officer shall provide the charging law enforcement agency with 25 |
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| 143 | 143 | | the name of one active or retired law enforcement officer to serve on the hearing committee, within 26 |
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| 144 | 144 | | five (5) days of the filing of his or her request for a hearing. Failure by the law enforcement officer 27 |
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| 145 | 145 | | to file his or her filing committee selection within the time period shall constitute a waiver of his 28 |
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| 146 | 146 | | or her right to a hearing under this chapter; provided, however, that the presiding justice of the 29 |
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| 147 | 147 | | superior court, upon petition and for good cause shown, may permit the filing of an untimely 30 |
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| 148 | 148 | | hearing committee selection by the officer. The charging law enforcement agency may impose the 31 |
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| 149 | 149 | | recommended penalty during the pendency of any such petition. 32 |
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| 150 | 150 | | (e) The charging law enforcement agency shall provide the law enforcement officer with 33 |
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| 151 | 151 | | the name of one active or retired law enforcement officer to serve on the hearing committee, within 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000695 - Page 5 of 11 |
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| 155 | 155 | | five (5) days of its receipt of the officer’s request for a hearing. Failure by the charging law 1 |
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| 156 | 156 | | enforcement agency to file its hearing committee selection within that time period shall constitute 2 |
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| 157 | 157 | | a dismissal of all charges against the law enforcement officer, with prejudice; provided, however, 3 |
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| 158 | 158 | | that the presiding justice of the superior court, upon petition and for good cause shown, and permit 4 |
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| 159 | 159 | | the filing of an untimely hearing committee selection by the agency. Except as expressly provided 5 |
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| 160 | 160 | | in § 42-28.6-13 of this chapter, no disciplinary action shall be taken against the officer by virtue 6 |
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| 161 | 161 | | of the stated charges during the pendency of any such petition. 7 |
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| 162 | 162 | | (f) Within five (5) days of the charging law enforcement agency’s selection of a hearing 8 |
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| 163 | 163 | | committee member, the hearing committee members selected by the officer and by the agency 9 |
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| 164 | 164 | | shall: 10 |
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| 165 | 165 | | (i) Jointly select a third hearing committee member, who shall serve as chairperson of the 11 |
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| 166 | 166 | | hearing committee; 12 |
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| 167 | 167 | | (ii) Petition the presiding justice of the superior court to select a third hearing committee 13 |
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| 168 | 168 | | member, who shall be an active law enforcement officer, and who shall serve as chairperson of the 14 |
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| 169 | 169 | | hearing committee; or 15 |
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| 170 | 170 | | (iii) Agree to an extension of time, not to exceed thirty (30) days, for the selection of a third 16 |
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| 171 | 171 | | hearing committee member. 17 |
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| 172 | 172 | | (g) Law enforcement officers selected to serve on a hearing committee under this chapter 18 |
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| 173 | 173 | | shall be relieved of duty for each day of actual hearing and shall be compensated by their respective 19 |
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| 174 | 174 | | agencies at their ordinary daily rate of pay for each day actually spent in the conduct of the hearing 20 |
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| 175 | 175 | | hereunder. 21 |
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| 176 | 176 | | (h) Two (2) lists of active police officers available to serve as chairpersons of hearing 22 |
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| 177 | 177 | | committees under this chapter shall be provided annually to the presiding justice of the superior 23 |
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| 178 | 178 | | court. One list shall be provided by the Rhode Island Police Chiefs’ Association; the other shall be 24 |
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| 179 | 179 | | appointed, jointly, by the Fraternal Order of Police and the International Brotherhood of Police 25 |
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| 180 | 180 | | Officers. In selecting officers to serve as chairpersons of hearing committees under this chapter, 26 |
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| 181 | 181 | | the presiding justice shall alternate between the two (2) lists so provided. 27 |
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| 182 | 182 | | (i) Whenever a law enforcement officer faces disciplinary action as a result of criminal 28 |
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| 183 | 183 | | charges, the provisions of subsections (c), (d), (e) and (f) shall be suspended pending the 29 |
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| 184 | 184 | | adjudication of said criminal charges. 30 |
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| 185 | 185 | | 42-28.6-5. Conduct of hearing. 31 |
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| 186 | 186 | | (a) The hearing shall be conducted by the hearing committee selected in accordance with 32 |
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| 187 | 187 | | § 42-28.6-4 of this chapter. Both the law enforcement agency and the law enforcement officer shall 33 |
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| 188 | 188 | | be given ample opportunity to present evidence and argument with respect to the issues involved. 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC000695 - Page 6 of 11 |
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| 192 | 192 | | Both may be represented by counsel. 1 |
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| 193 | 193 | | (b) The hearing shall be convened at the call of the chair; shall commence within thirty 2 |
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| 194 | 194 | | (30) days after the selection of a chairperson of the hearing committee; and shall be completed 3 |
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| 195 | 195 | | within sixty (60) days of the commencement of the hearing. The hearing committee shall render a 4 |
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| 196 | 196 | | written decision within thirty (30) days after the conclusion of the hearing. The time limits 5 |
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| 197 | 197 | | established in this subsection may be extended by the presiding justice of the superior court for 6 |
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| 198 | 198 | | good cause shown. 7 |
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| 199 | 199 | | (c) Not less than ten (10) days prior to the hearing date, the charging law enforcement 8 |
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| 200 | 200 | | agency shall provide to the law enforcement officer: 9 |
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| 201 | 201 | | (i) A list of all witnesses, known to the agency at that time, to be called by the agency to 10 |
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| 202 | 202 | | testify at the hearing; 11 |
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| 203 | 203 | | (ii) Copies of all written and/or recorded statements by such witnesses in the possession of 12 |
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| 204 | 204 | | the agency; and 13 |
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| 205 | 205 | | (iii) A list of all documents and other items to be offered as evidence at the hearing. 14 |
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| 206 | 206 | | (d) Not less than five (5) days prior to the hearing date, the law enforcement officer shall 15 |
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| 207 | 207 | | provide to the charging law enforcement agency a list of all witnesses, known to the officer at that 16 |
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| 208 | 208 | | time, to be called by the officer to testify at the hearing. 17 |
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| 209 | 209 | | (e) Failure by either party to comply with the provisions of subsections (c) and (d) of this 18 |
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| 210 | 210 | | section shall result in the exclusion from the record of the hearing of testimony and/or evidence not 19 |
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| 211 | 211 | | timely disclosed in accordance with those subsections. 20 |
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| 212 | 212 | | 42-28.6-6. Evidence at hearing — Hearing record. 21 |
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| 213 | 213 | | (a) Evidence which possesses probative value commonly accepted by reasonable and 22 |
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| 214 | 214 | | prudent persons in the conduct of their affairs shall be admissible and shall be given probative 23 |
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| 215 | 215 | | effect. The hearing committee conducting the hearing shall give effect to the rules of privilege 24 |
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| 216 | 216 | | recognized by law, and may exclude incompetent, irrelevant, immaterial, and unduly repetitious 25 |
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| 217 | 217 | | evidence. All records and documents which any party desires to use shall be offered and made part 26 |
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| 218 | 218 | | of the record. 27 |
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| 219 | 219 | | (b) No statements, documents and/or other evidence and no copies of any statements, 28 |
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| 220 | 220 | | documents and/or other evidence shall be presented to the hearing committee prior to the hearing. 29 |
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| 221 | 221 | | (c) All proceedings before the hearing committee shall be recorded by stenographic record, 30 |
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| 222 | 222 | | the expense of which shall be borne by the charging law enforcement agency. A copy of the record 31 |
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| 223 | 223 | | shall be provided to the law enforcement officer or his or her attorney or representative of record 32 |
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| 224 | 224 | | upon request. 33 |
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| 225 | 225 | | 42-28.6-7. Subpoena — Oath — Production of documents. 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC000695 - Page 7 of 11 |
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| 229 | 229 | | With respect to the subject of any investigation or hearing conducted pursuant to this 1 |
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| 230 | 230 | | section, the hearing committee may subpoena witnesses and administer oaths or affirmations and 2 |
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| 231 | 231 | | examine any individual under oath, and may require and compel the production of records, books, 3 |
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| 232 | 232 | | papers, contracts, and other documents. 4 |
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| 233 | 233 | | 42-28.6-8. Witness fees. 5 |
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| 234 | 234 | | Witness fees and mileage, if claimed, shall be allowed the same as for testimony in the 6 |
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| 235 | 235 | | superior court. Witness fees, mileage, and the actual expenses necessarily incurred in securing 7 |
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| 236 | 236 | | attendance of witnesses and their testimony shall be itemized, and shall be paid by the law 8 |
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| 237 | 237 | | enforcement agency if the officer is ultimately found innocent. 9 |
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| 238 | 238 | | 42-28.6-9. Cross-examination and rebuttal. 10 |
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| 239 | 239 | | Every party has the right of cross-examination of the witnesses who testify, and may submit 11 |
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| 240 | 240 | | rebuttal evidence. 12 |
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| 241 | 241 | | 42-28.6-10. Judicial notice. 13 |
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| 242 | 242 | | The hearing committee conducting the hearing may take notice of judicially cognizable 14 |
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| 243 | 243 | | facts and, in addition, may take notice of general, technical, or scientific facts within its specialized 15 |
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| 244 | 244 | | knowledge. 16 |
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| 245 | 245 | | 42-28.6-11. Decisions of hearing committee. 17 |
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| 246 | 246 | | (a) The hearing committee shall be empowered to sustain, modify in whole or in part, or 18 |
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| 247 | 247 | | reverse the complaint or charges of the investigating authority, as provided in § 42-28.6-4. 19 |
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| 248 | 248 | | (b) Any decision, order, or action taken as a result of the hearing shall be in writing and 20 |
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| 249 | 249 | | shall be accompanied by findings of fact. The findings shall consist of a concise statement upon 21 |
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| 250 | 250 | | each issue in the case. Copies of the decision or order and accompanying findings and conclusions 22 |
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| 251 | 251 | | shall be delivered or mailed promptly to the law enforcement officer or to his or her attorney or 23 |
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| 252 | 252 | | representative of record and to the law enforcement agency or to its attorney or representative of 24 |
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| 253 | 253 | | record. 25 |
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| 254 | 254 | | (c) In any proceeding under this chapter, it shall be the burden of the charging law 26 |
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| 255 | 255 | | enforcement agency to prove, by a fair preponderance of the evidence, that the law enforcement 27 |
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| 256 | 256 | | officer is guilty of the offense(s) or violation(s) of which he or she is accused. 28 |
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| 257 | 257 | | 42-28.6-12. Appeals. 29 |
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| 258 | 258 | | (a) Appeals from all decisions rendered by the hearing committee shall be to the superior 30 |
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| 259 | 259 | | court in accordance with §§ 42-35-15 and 42-35-15.1. For purposes of this section, the hearing 31 |
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| 260 | 260 | | committee shall be deemed an administrative agency and its final decision shall be deemed a final 32 |
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| 261 | 261 | | order in a contested case within the meaning of §§ 42-35-15 and 42-35-15.1. 33 |
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| 262 | 262 | | (b) Within thirty (30) days after the service of the complaint in accordance with § 42-35-34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC000695 - Page 8 of 11 |
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| 266 | 266 | | 15, or within further time allowed by the court, the hearing committee shall transmit to the 1 |
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| 267 | 267 | | reviewing court the original or a certified copy of the entire record of the proceeding under review. 2 |
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| 268 | 268 | | By stipulation of all parties to the review proceedings, the record may be shortened. Any party 3 |
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| 269 | 269 | | unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional 4 |
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| 270 | 270 | | costs. The court may require or permit subsequent corrections or additions to the record. 5 |
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| 271 | 271 | | 42-28.6-13. Suspensions. 6 |
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| 272 | 272 | | (a) The provisions of this chapter are not intended to prohibit suspensions by the chief or 7 |
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| 273 | 273 | | the highest ranking officer of the law enforcement agency. 8 |
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| 274 | 274 | | (b) Summary punishment of two (2) days’ suspension without pay may be imposed for 9 |
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| 275 | 275 | | minor violations of departmental rules and regulations. Appeals of suspension under this subsection 10 |
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| 276 | 276 | | shall be subject to the grievance provisions of any applicable collective bargaining agreement. 11 |
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| 277 | 277 | | (c) Suspension may be imposed by the chief or the highest ranking sworn officer of the law 12 |
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| 278 | 278 | | enforcement agency when the law enforcement officer is under investigation for a criminal felony 13 |
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| 279 | 279 | | matter. Any suspension shall consist of the law enforcement officer being relieved of duty, and he 14 |
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| 280 | 280 | | or she shall receive all ordinary pay and benefits as he or she would receive if he or she were not 15 |
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| 281 | 281 | | suspended. Suspension under this subsection shall not exceed one hundred eighty (180) days. 16 |
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| 282 | 282 | | (d) Suspension may be imposed by the chief or highest ranking sworn officer of the law 17 |
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| 283 | 283 | | enforcement agency when the law enforcement officer in under investigation for a misdemeanor 18 |
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| 284 | 284 | | criminal matter. Any such suspension shall consist of the law enforcement officer being relieved 19 |
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| 285 | 285 | | of duty, and he or she shall receive all ordinary pay and benefits as he or she would receive if he or 20 |
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| 286 | 286 | | she were not suspended. Suspension under this subsection shall not exceed thirty (30) days; 21 |
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| 287 | 287 | | provided, however, that if an officer is charged with a misdemeanor offense the chief or highest 22 |
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| 288 | 288 | | ranking sworn officer of the law enforcement agency may continue said suspension with pay up to 23 |
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| 289 | 289 | | a total of one hundred and eighty (180) days. If the disposition of the criminal matter does not take 24 |
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| 290 | 290 | | place within one hundred eighty (180) days of the commencement of such suspension, the law 25 |
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| 291 | 291 | | enforcement officer may be suspended without pay and benefits; provided, however, that the 26 |
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| 292 | 292 | | officer’s entitlement to such medical insurance, dental insurance, disability insurance and life 27 |
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| 293 | 293 | | insurance as is available to all other officers within the agency shall not be suspended. The law 28 |
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| 294 | 294 | | enforcement officer may petition the presiding justice of the superior court for a stay of the 29 |
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| 295 | 295 | | suspension without pay, and such stay shall be granted upon a showing that said delay in the 30 |
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| 296 | 296 | | criminal disposition was outside the law enforcement officer’s control. In the event the law 31 |
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| 297 | 297 | | enforcement officer is acquitted of any misdemeanor related thereto, the officer shall be forthwith 32 |
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| 298 | 298 | | reinstated and reimbursed all salary and benefits that have not been paid during the suspension 33 |
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| 299 | 299 | | period. 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC000695 - Page 9 of 11 |
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| 303 | 303 | | (e) Suspension may be imposed by the chief or highest ranking sworn officer of the law 1 |
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| 304 | 304 | | enforcement agency when the law enforcement officer is under investigation for a noncriminal 2 |
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| 305 | 305 | | matter. Any such suspension shall consist of the law enforcement officer being relieved of duty, 3 |
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| 306 | 306 | | and he or she shall receive all ordinary pay and benefits as he or she would receive if he or she were 4 |
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| 307 | 307 | | not suspended. Suspension under this subsection shall not exceed fifteen (15) days or any other 5 |
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| 308 | 308 | | time frame established under the provisions of any applicable collective bargaining agreement. 6 |
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| 309 | 309 | | (f) Suspension may be imposed by the chief or highest ranking sworn officer of the law 7 |
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| 310 | 310 | | enforcement agency upon receipt of notice or disciplinary action in accordance with § 42-28.6-4(b) 8 |
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| 311 | 311 | | of this chapter in which termination or demotion is the recommended punishment. Any such 9 |
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| 312 | 312 | | suspension shall consist of the law enforcement officer being relieved of duty, and he or she shall 10 |
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| 313 | 313 | | receive all ordinary pay and benefits as he or she would receive if he or she were not so suspended. 11 |
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| 314 | 314 | | (g) Any law enforcement officer who is charged, indicted or informed against for a felony 12 |
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| 315 | 315 | | or who is convicted of and incarcerated for a misdemeanor may be suspended without pay and 13 |
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| 316 | 316 | | benefits at the discretion of the agency or chief or highest ranking sworn officers; provided, 14 |
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| 317 | 317 | | however, that the officer’s entitlement to medical insurance, dental insurance, disability insurance 15 |
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| 318 | 318 | | and life insurance as is available to all other officers within the agency shall not be suspended. In 16 |
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| 319 | 319 | | the event that the law enforcement officer is acquitted of any felony related thereto, the officer shall 17 |
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| 320 | 320 | | be reinstated and reimbursed forthwith for all salary and benefits that have not been paid during the 18 |
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| 321 | 321 | | suspension period. 19 |
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| 322 | 322 | | (h) Any law enforcement officer who is convicted of a felony shall, pending the prosecution 20 |
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| 323 | 323 | | of an appeal, be suspended without pay and benefits; provided, however, that the officer’s 21 |
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| 324 | 324 | | entitlement to such medical insurance, dental insurance, disability insurance and life insurance as 22 |
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| 325 | 325 | | is available to all other officers within the agency shall not be suspended. Whenever, upon appeal, 23 |
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| 326 | 326 | | such conviction is reversed, the suspension under this subsection shall terminate and the law 24 |
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| 327 | 327 | | enforcement officer shall forthwith be paid the salary and benefits that would have been paid to 25 |
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| 328 | 328 | | him or her during that period of suspension. 26 |
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| 329 | 329 | | (i) Any law enforcement officer who pleads guilty or no contest to a felony charge or whose 27 |
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| 330 | 330 | | conviction of a felony has, after or in the absence of a timely appeal, become final may be dismissed 28 |
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| 331 | 331 | | by the law enforcement agency and, in the event of such dismissal, other provisions of this chapter 29 |
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| 332 | 332 | | shall not apply. 30 |
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| 333 | 333 | | 42-28.6-14. Retaliation for exercising rights. 31 |
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| 334 | 334 | | (a) No law enforcement officer shall be discharged, demoted, disciplined, or denied 32 |
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| 335 | 335 | | promotion, transfer or reassignment, or otherwise discriminated against in regard to his or her 33 |
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| 336 | 336 | | employment or be threatened with any such treatment, by reason of his or her exercise of or demand 34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC000695 - Page 10 of 11 |
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| 340 | 340 | | for rights granted in this subtitle, or by reason of the lawful exercise of his or her constitutional 1 |
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| 341 | 341 | | rights. 2 |
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| 342 | 342 | | (b) Any law enforcement officer who is denied any right afforded by this subtitle may 3 |
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| 343 | 343 | | apply, either individually or through his or her certified or recognized employee organization, to 4 |
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| 344 | 344 | | the superior court where he or she resides or is regularly employed for any order directing the law 5 |
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| 345 | 345 | | enforcement agency to show cause why the right should not be afforded. 6 |
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| 346 | 346 | | 42-28.6-15. Exclusivity of remedy. 7 |
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| 347 | 347 | | The remedies contained herein shall be the sole and exclusive remedies for all law 8 |
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| 348 | 348 | | enforcement officers subject to the provisions of this chapter. 9 |
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| 349 | 349 | | 42-28.6-16. Immunity of hearing committee members. 10 |
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| 350 | 350 | | No member of a hearing committee constituted in accordance with the provisions of this 11 |
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| 351 | 351 | | chapter shall be held civilly liable for any breach of his or her duties as such member, provided that 12 |
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| 352 | 352 | | nothing herein shall eliminate or limit the liability of a qualified member: 13 |
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| 353 | 353 | | (1) For acts or omissions not in good faith or which involve intentional misconduct or a 14 |
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| 354 | 354 | | knowing violation of law; or 15 |
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| 355 | 355 | | (2) For any transaction from which such member derived an improper personal benefit; or 16 |
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| 356 | 356 | | (3) For any malicious, willful or wanton act. 17 |
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| 357 | 357 | | 42-28.6-17. Severability. 18 |
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| 358 | 358 | | If any provision of this chapter or other application thereof shall for any reason be judged 19 |
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| 359 | 359 | | invalid such a judgment shall not affect, impair or invalidate the remainder of the law, but shall be 20 |
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| 360 | 360 | | confined in its effect to the provisions or application directly involved in the controversy giving 21 |
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| 361 | 361 | | rise to the judgment. 22 |
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| 362 | 362 | | SECTION 2. This act shall take effect upon passage. 23 |
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| 363 | 363 | | ======== |
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| 364 | 364 | | LC000695 |
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| 365 | 365 | | ======== |
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| 366 | 366 | | |
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| 367 | 367 | | |
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| 368 | 368 | | LC000695 - Page 11 of 11 |
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| 369 | 369 | | EXPLANATION |
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| 370 | 370 | | BY THE LEGISLATIVE COUNCIL |
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| 371 | 371 | | OF |
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| 372 | 372 | | A N A C T |
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| 373 | 373 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT |
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| 374 | 374 | | OFFICERS' BILL OF RIGHTS |
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| 375 | 375 | | *** |
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| 376 | 376 | | This act would repeal the Law Enforcement Officers’ Bill of Rights, Chapter 42-28.6 of 1 |
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| 377 | 377 | | the General Laws, in its entirety. 2 |
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| 378 | 378 | | This act would take effect upon passage. 3 |
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| 379 | 379 | | ======== |
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| 380 | 380 | | LC000695 |
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| 381 | 381 | | ======== |
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| 382 | 382 | | |
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