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| 5 | 5 | | 2023 -- S 0556 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002055 |
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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 TOWNS AN D CITIES -- RELIEF OF INJURED AND DECEASED FIRE |
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| 16 | 16 | | FIGHTERS AND POLICE OFFICERS |
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| 17 | 17 | | Introduced By: Senators F. Lombardi, Britto, Burke, and Ciccone |
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| 18 | 18 | | Date Introduced: March 07, 2023 |
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| 19 | 19 | | Referred To: Senate Finance |
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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 45-19 of the General Laws entitled "Relief of Injured and Deceased 1 |
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| 24 | 24 | | Fire Fighters and Police Officers" is hereby amended by adding thereto the following section: 2 |
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| 25 | 25 | | 45-19-6.1. Presumption for heart disease and hypertension. 3 |
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| 26 | 26 | | (a) Notwithstanding the provisions of any general or special law to the contrary, any police 4 |
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| 27 | 27 | | officer, as defined in ยง 45-19-1, who is unable to perform the duties required thereof because of an 5 |
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| 28 | 28 | | impairment of health caused by heart disease, stroke or hypertension is presumed to have suffered 6 |
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| 29 | 29 | | an in-the-line-of-duty injury/disability, unless the contrary can be proven by clear and convincing 7 |
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| 30 | 30 | | evidence; and the police officer shall be entitled to all benefits provided for in chapters 19, 21, 21.2 8 |
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| 31 | 31 | | and 21.3 of this title. 9 |
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| 32 | 32 | | (b) This presumption shall not apply to police hired after July 1, 2023 in the following 10 |
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| 33 | 33 | | situations: 11 |
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| 34 | 34 | | (1) If a physical examination was conducted at the time the police officer was hired and 12 |
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| 35 | 35 | | the examination revealed that person was suffering from heart disease or hypertension; or 13 |
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| 36 | 36 | | (2) If the police officer had regularly or habitually used tobacco products during the five 14 |
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| 37 | 37 | | (5) years prior to any diagnosis of heart disease or hypertension or suffering a stroke. 15 |
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| 38 | 38 | | SECTION 2. This act shall take effect upon passage. 16 |
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| 39 | 39 | | ======== |
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| 40 | 40 | | LC002055 |
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| 43 | 43 | | |
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| 44 | 44 | | LC002055 - Page 2 of 2 |
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| 45 | 45 | | EXPLANATION |
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| 46 | 46 | | BY THE LEGISLATIVE COUNCIL |
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| 47 | 47 | | OF |
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| 48 | 48 | | A N A C T |
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| 49 | 49 | | RELATING TO TOWNS AN D CITIES -- RELIEF OF INJURED AND DECEASED FIRE |
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| 50 | 50 | | FIGHTERS AND POLICE OFFICERS |
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| 51 | 51 | | *** |
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| 52 | 52 | | This act would allow a police officer who is unable to perform duties as a result of heart 1 |
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| 53 | 53 | | disease, stroke or hypertension to be presumed to have suffered an in-the-line-of-duty disability, 2 |
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| 54 | 54 | | unless the police officer was hired after July 1, 2023, and there is clear and convincing evidence 3 |
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| 55 | 55 | | that the police officer suffered the condition at the time of hire or regularly used tobacco products 4 |
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| 56 | 56 | | for the five (5) years prior to diagnosis. 5 |
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| 57 | 57 | | This act would take effect upon passage. 6 |
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| 59 | 59 | | LC002055 |
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