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| 5 | 5 | | 2023 -- S 0615 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001804 |
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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 | | INTEGRITY ACT |
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| 17 | 17 | | Introduced By: Senators Acosta, Mack, Kallman, and Murray |
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| 18 | 18 | | Date Introduced: March 07, 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. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1 |
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| 24 | 24 | | GOVERNMENT" is hereby amended by adding thereto the following chapter: 2 |
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| 25 | 25 | | CHAPTER 165 3 |
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| 26 | 26 | | LAW ENFORCEMENT INTEGRITY ACT 4 |
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| 27 | 27 | | 42-165-1. Short title. 5 |
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| 28 | 28 | | This chapter shall be known and may be cited as the "Law Enforcement Integrity Act". 6 |
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| 29 | 29 | | 42-165-2. Definitions. 7 |
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| 30 | 30 | | As used in this chapter, the following words, terms and phrases have the meanings 8 |
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| 31 | 31 | | indicated: 9 |
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| 32 | 32 | | (1) "Contacts" means an interaction with an individual, whether or not the person is in a 10 |
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| 33 | 33 | | motor vehicle, initiated by a peace officer, whether consensual or nonconsensual, for the purpose 11 |
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| 34 | 34 | | of enforcing the law or investigating possible violations of the law. "Contacts" do not include 12 |
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| 35 | 35 | | routine interactions with the public at the point of entry or exit from a controlled area. 13 |
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| 36 | 36 | | (2) "Demographic information" means race, ethnicity, sex, and approximate age. 14 |
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| 37 | 37 | | (3) "Peace officer" means the individuals and agencies as defined in § 12-7-21. 15 |
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| 38 | 38 | | (4) "Physical force" means the application of physical techniques or tactics, chemical 16 |
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| 39 | 39 | | agents, or weapons to another person. 17 |
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| 40 | 40 | | (5) "Serious bodily injury" means physical injury that creates a substantial risk of death or 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001804 - Page 2 of 8 |
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| 44 | 44 | | causes serious permanent disfigurement or protracted loss or impairment of the function of any 1 |
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| 45 | 45 | | bodily member or organ. 2 |
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| 46 | 46 | | 42-165-3. Documented excessive force. 3 |
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| 47 | 47 | | Notwithstanding any provision of law, if any peace officer is convicted of or pleads guilty 4 |
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| 48 | 48 | | or nolo contendere to a crime involving the unlawful use or threatened use of physical force, a 5 |
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| 49 | 49 | | crime involving the failure to intervene in the use of unlawful force, or is found civilly liable for 6 |
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| 50 | 50 | | the use of unlawful physical force, or is found civilly liable for failure to intervene in the use of 7 |
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| 51 | 51 | | unlawful force, the chief law enforcement officer for the offender's department shall impose 8 |
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| 52 | 52 | | discipline up to and including termination to the extent permitted by the provisions of chapter 28.6 9 |
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| 53 | 53 | | of title 42. 10 |
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| 54 | 54 | | 42-165-4. Restricted force in response to protests. 11 |
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| 55 | 55 | | In response to a protest or demonstration, a law enforcement agency and any person acting 12 |
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| 56 | 56 | | on behalf of the law enforcement agency shall not: 13 |
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| 57 | 57 | | (1) Discharge kinetic impact projectiles and all other non- or less-lethal projectiles in a 14 |
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| 58 | 58 | | manner that targets the head, pelvis, or back; 15 |
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| 59 | 59 | | (2) Discharge kinetic impact projectiles indiscriminately into a crowd; or 16 |
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| 60 | 60 | | (3) Use chemical agents or irritants, including pepper spray and tear gas, prior to issuing 17 |
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| 61 | 61 | | an order to disperse in a sufficient manner to ensure the order is heard and repeated if necessary, 18 |
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| 62 | 62 | | followed by sufficient time and space to allow compliance with the order. 19 |
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| 63 | 63 | | 42-165-5. Civil action for deprivation of rights. 20 |
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| 64 | 64 | | (a) A peace officer, employed by a local government who, under color of law, subjects or 21 |
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| 65 | 65 | | causes to be subjected, including failing to intervene, any other person to the deprivation of any 22 |
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| 66 | 66 | | individual rights that create binding obligations on government actors secured by the United States 23 |
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| 67 | 67 | | Constitution, or by the state constitution, is liable to the injured party for legal or equitable relief or 24 |
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| 68 | 68 | | any other appropriate relief. 25 |
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| 69 | 69 | | (b)(1) Statutory immunities and statutory limitations on liability, damages, or attorneys' 26 |
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| 70 | 70 | | fees shall not apply to claims brought pursuant to this section. 27 |
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| 71 | 71 | | (2) Qualified immunity is not a defense to liability pursuant to this section. 28 |
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| 72 | 72 | | (c) In any action brought pursuant to this section, a court shall award reasonable attorneys' 29 |
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| 73 | 73 | | fees and costs to a prevailing plaintiff. In actions for injunctive relief, a court shall deem a plaintiff 30 |
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| 74 | 74 | | to have prevailed if the plaintiff's suit was a substantial factor or significant catalyst in obtaining 31 |
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| 75 | 75 | | the results sought by the litigation. When a judgment is entered in favor of a defendant, the court 32 |
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| 76 | 76 | | may award reasonable costs and attorney fees to the defendant for defending any claims the court 33 |
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| 77 | 77 | | finds frivolous. 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001804 - Page 3 of 8 |
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| 81 | 81 | | (d) Notwithstanding any other provision of law, a peace officer's employer shall indemnify 1 |
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| 82 | 82 | | its peace officers for any liability incurred by the peace officer and for any judgment or settlement 2 |
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| 83 | 83 | | entered against the peace officer for claims arising pursuant to this section; except that, if the peace 3 |
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| 84 | 84 | | officer's employer determines that the officer did not act upon a good faith and reasonable belief 4 |
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| 85 | 85 | | that the action was lawful, then the peace officer shall be personally liable and shall not be 5 |
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| 86 | 86 | | indemnified by the peace officer's employer for five percent (5%) of the judgment or settlement or 6 |
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| 87 | 87 | | twenty-five thousand dollars ($25,000), whichever is less. Notwithstanding any provision of this 7 |
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| 88 | 88 | | section to the contrary, if the peace officer's portion of the judgment is uncollectible from the peace 8 |
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| 89 | 89 | | officer, the peace officer's employer or insurer shall satisfy the full amount of the judgment or 9 |
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| 90 | 90 | | settlement. A public entity does not have to indemnify a peace officer if the peace officer was 10 |
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| 91 | 91 | | convicted of a criminal violation for the conduct from which the claim arises. 11 |
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| 92 | 92 | | (e) A civil action pursuant to this section shall be commenced within three (3) years after 12 |
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| 93 | 93 | | the cause of action accrues. 13 |
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| 94 | 94 | | 42-165-6. Use of force by peace officers. 14 |
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| 95 | 95 | | (a) Peace officers, in carrying out their duties, shall apply nonviolent means, when possible, 15 |
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| 96 | 96 | | before resorting to the use of physical force. A peace officer may use physical force only if 16 |
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| 97 | 97 | | nonviolent means would be ineffective in effecting an arrest, preventing an escape, or preventing 17 |
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| 98 | 98 | | an imminent threat of serious bodily injury or death to the peace officer or another person. 18 |
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| 99 | 99 | | (b) When physical force is used, a peace officer shall: 19 |
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| 100 | 100 | | (1) Not use deadly physical force to apprehend a person who is suspected of only a minor 20 |
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| 101 | 101 | | or nonviolent offense; 21 |
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| 102 | 102 | | (2) Use only a degree of force consistent with the minimization of injury to others; 22 |
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| 103 | 103 | | (3) Ensure that assistance and medical aid are rendered to any injured or affected persons 23 |
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| 104 | 104 | | as soon as practicable; and 24 |
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| 105 | 105 | | (4) Ensure that any identified relatives or next of kin of persons who have sustained serious 25 |
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| 106 | 106 | | bodily injury or death are notified as soon as practicable. 26 |
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| 107 | 107 | | (c) A peace officer is prohibited from using a chokehold upon another person. For the 27 |
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| 108 | 108 | | purposes of this subsection, "chokehold" means a method by which a person applies sufficient 28 |
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| 109 | 109 | | pressure to a person to make breathing difficult or impossible and includes, but is not limited to, 29 |
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| 110 | 110 | | any pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce intake 30 |
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| 111 | 111 | | of air. "Chokehold" also means applying pressure to a person's neck on either side of the windpipe, 31 |
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| 112 | 112 | | but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries. 32 |
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| 113 | 113 | | (d) A peace officer is justified in using deadly physical force to make an arrest only when 33 |
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| 114 | 114 | | all other means of apprehension are unreasonable given the circumstances and: 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001804 - Page 4 of 8 |
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| 118 | 118 | | (1) The arrest is for a felony involving conduct including the use or threatened use of deadly 1 |
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| 119 | 119 | | physical force; 2 |
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| 120 | 120 | | (2) The suspect poses an immediate threat to the peace officer or another person; and 3 |
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| 121 | 121 | | (3) The force employed does not create a substantial risk of injury to other persons. 4 |
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| 122 | 122 | | (e) A peace officer shall identify himself or herself as a peace officer and give a clear verbal 5 |
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| 123 | 123 | | warning of his or her intent to use firearms or other deadly physical force, with sufficient time for 6 |
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| 124 | 124 | | the warning to be observed, unless to do so would unduly place peace officers at risk of injury, or 7 |
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| 125 | 125 | | would create a risk of death or injury to other persons. Notwithstanding any other provisions in this 8 |
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| 126 | 126 | | section, a peace officer is justified in using deadly force if the peace officer has an objectively 9 |
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| 127 | 127 | | reasonable belief that a lesser degree of force is inadequate and the peace officer has objectively 10 |
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| 128 | 128 | | reasonable grounds to believe, and does believe, that he/she or another person is in imminent danger 11 |
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| 129 | 129 | | of being killed or of receiving serious bodily injury. 12 |
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| 130 | 130 | | 42-165-7. Duty to report use of force by peace officers – Duty to intervene. 13 |
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| 131 | 131 | | (a) A peace officer shall intervene to prevent or stop another peace officer from using 14 |
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| 132 | 132 | | physical force that exceeds the degree of force permitted, if any, by the provisions of this chapter. 15 |
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| 133 | 133 | | This intervention shall include, but not be limited to, circumstances in which the other peace officer 16 |
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| 134 | 134 | | is carrying out an arrest of any person, placing any person under detention, taking any person into 17 |
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| 135 | 135 | | custody, booking any person, or in the process of crowd control or riot control, without regard for 18 |
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| 136 | 136 | | chain of command. 19 |
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| 137 | 137 | | (b) A peace officer who intervenes as required by subsection (a) of this section, shall report 20 |
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| 138 | 138 | | the intervention to his or her immediate supervisor. 21 |
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| 139 | 139 | | (c) At a minimum, the report required by subsection (b) of this section shall include the 22 |
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| 140 | 140 | | date, time, and place of the occurrence; the identity, if known, and description of the participants; 23 |
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| 141 | 141 | | and a description of the intervention actions taken. This report shall be made in writing within ten 24 |
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| 142 | 142 | | (10) days of the occurrence of the use of such force and shall be appended to all other reports of 25 |
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| 143 | 143 | | the incident. 26 |
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| 144 | 144 | | (d) A member of a law enforcement agency shall not discipline or retaliate in any way 27 |
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| 145 | 145 | | against a peace officer for intervening as required by subsection (a) of this section, or for reporting 28 |
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| 146 | 146 | | unconstitutional conduct, or for failing to follow what the officer reasonably believes is an 29 |
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| 147 | 147 | | unconstitutional directive. 30 |
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| 148 | 148 | | (e) Any peace officer who fails to intervene to prevent the use of unlawful force as 31 |
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| 149 | 149 | | prescribed in this section commits a misdemeanor punishable by confinement of not more than one 32 |
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| 150 | 150 | | year and/or a fine of not more than one thousand dollars ($1,000). Nothing in this subsection shall 33 |
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| 151 | 151 | | prohibit or discourage prosecution of any other criminal offense related to failure to intervene, 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC001804 - Page 5 of 8 |
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| 155 | 155 | | including a higher charge, if supported by the evidence. 1 |
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| 156 | 156 | | (f) When an internal investigation finds that a peace officer failed to intervene to prevent 2 |
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| 157 | 157 | | the use of unlawful physical force as prescribed in this section, this finding shall be presented to 3 |
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| 158 | 158 | | the attorney general so that he or she can determine whether charges should be filed pursuant to 4 |
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| 159 | 159 | | this section; provided; however, nothing in this subsection shall prohibit the attorney general from 5 |
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| 160 | 160 | | charging an officer with failure to intervene before the conclusion of any internal investigation. 6 |
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| 161 | 161 | | (g) In addition to any criminal liability and penalty under the law, when an internal 7 |
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| 162 | 162 | | investigation finds that a peace officer failed to intervene as required by subsection (a) of this 8 |
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| 163 | 163 | | section in an incident resulting in serious bodily injury or death to any person, the peace officer's 9 |
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| 164 | 164 | | employer shall subject the peace officer to discipline, up to and including termination, pursuant to 10 |
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| 165 | 165 | | the provisions of chapter 28.6 of title 42. 11 |
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| 166 | 166 | | (h) In a case in which the department of the attorney general charges a peace officer with 12 |
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| 167 | 167 | | offenses related to and based upon the use of excessive force but does not file charges against any 13 |
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| 168 | 168 | | other peace officer or officers who were at the scene during the use of force, the attorney general 14 |
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| 169 | 169 | | shall prepare a written report explaining the attorney general's basis for the decision not to charge 15 |
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| 170 | 170 | | any other peace officer with any criminal conduct and shall publicly disclose the report to the 16 |
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| 171 | 171 | | public; except that if disclosure of the report would substantially interfere with or jeopardize an 17 |
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| 172 | 172 | | ongoing criminal investigation, the attorney general may delay public disclosure for up to forty-18 |
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| 173 | 173 | | five (45) days. The attorney general shall post the written report on its website. Nothing in this 19 |
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| 174 | 174 | | section is intended to prohibit or discourage criminal prosecution of an officer who failed to 20 |
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| 175 | 175 | | intervene for conduct in which the facts support a criminal charge, including under a complicity 21 |
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| 176 | 176 | | theory, or for an inchoate offense. 22 |
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| 177 | 177 | | 42-165-8. Training. 23 |
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| 178 | 178 | | Each law enforcement agency in the state shall train its peace officers regarding compliance 24 |
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| 179 | 179 | | with the provisions of this chapter. 25 |
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| 180 | 180 | | 42-165-9. Peace officer – Involved death investigations - Disclosure. 26 |
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| 181 | 181 | | Notwithstanding any other law to the contrary, with respect to a peace officer involved in 27 |
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| 182 | 182 | | an investigation resulting in death, if the attorney general refers the matter under investigation to 28 |
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| 183 | 183 | | the grand jury, the attorney general shall release a statement at the time the matter is referred to the 29 |
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| 184 | 184 | | grand jury disclosing the general purpose of the grand jury's investigation. If a no true bill is 30 |
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| 185 | 185 | | returned, the grand jury shall issue and publish a report. 31 |
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| 186 | 186 | | 42-165-10. Profiling – Officer identification. 32 |
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| 187 | 187 | | (a) If a peace officer shall make a contact, whether consensual or nonconsensual, for the 33 |
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| 188 | 188 | | purpose of enforcing the law or investigating possible violations of the law, then after making 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC001804 - Page 6 of 8 |
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| 192 | 192 | | contact, a peace officer shall report to the peace officer's employing agency: 1 |
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| 193 | 193 | | (1) The perceived demographic information of the person contacted; provided, that the 2 |
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| 194 | 194 | | identification of these characteristics is based on the observation and perception of the peace officer 3 |
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| 195 | 195 | | making the contact and other available data; 4 |
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| 196 | 196 | | (2) Whether the contact was a traffic stop; 5 |
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| 197 | 197 | | (3) The time, date, and location of the contact; 6 |
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| 198 | 198 | | (4) The duration of the contact; 7 |
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| 199 | 199 | | (5) The reason for the contact; 8 |
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| 200 | 200 | | (6) The suspected crime; 9 |
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| 201 | 201 | | (7) The result of the contact, such as: 10 |
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| 202 | 202 | | (i) No action, warning, citation, property seizure, or arrest; 11 |
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| 203 | 203 | | (ii) If a warning or citation was issued, the warning provided or violation cited; 12 |
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| 204 | 204 | | (iii) If an arrest was made, the offense charged; or 13 |
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| 205 | 205 | | (iv) If the contact was a traffic stop, the information collected, which is limited to the driver; 14 |
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| 206 | 206 | | (8) The actions taken by the peace officer during the contact, including, but not limited to, 15 |
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| 207 | 207 | | whether: 16 |
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| 208 | 208 | | (i) The peace officer asked for consent to search the person, vehicle, or other property, and, 17 |
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| 209 | 209 | | if so, whether consent was provided; 18 |
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| 210 | 210 | | (ii) The peace officer searched the person or any property, and, if so, the basis for the search 19 |
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| 211 | 211 | | and the type of contraband or evidence discovered, if any; 20 |
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| 212 | 212 | | (iii) The peace officer seized any property, and, if so, the type of property that was seized 21 |
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| 213 | 213 | | and the basis for seizing the property; 22 |
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| 214 | 214 | | (iv) A peace officer unholstered a weapon during the contact; and 23 |
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| 215 | 215 | | (v) A peace officer discharged a firearm during the contact. 24 |
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| 216 | 216 | | (b) A peace officer shall provide, without being asked, the peace officer's business card to 25 |
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| 217 | 217 | | any person whom the peace officer has detained in a traffic stop but has not cited or arrested. The 26 |
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| 218 | 218 | | business card shall include identifying information about the peace officer, including, but not 27 |
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| 219 | 219 | | limited to, the peace officer's name, division, precinct, and badge or other identification number; a 28 |
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| 220 | 220 | | telephone number that may be used, if necessary, to report any comments, positive or negative, 29 |
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| 221 | 221 | | regarding the traffic stop; and information about how to file a complaint related to the contact. The 30 |
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| 222 | 222 | | identity of the reporting person and the report of any such comments that constitute a complaint 31 |
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| 223 | 223 | | shall initially be kept confidential by the receiving law enforcement agency, to the extent permitted 32 |
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| 224 | 224 | | by law. The receiving law enforcement agency shall be permitted to obtain some identifying 33 |
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| 225 | 225 | | information regarding the complaint to allow initial processing of the complaint. If it becomes 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC001804 - Page 7 of 8 |
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| 229 | 229 | | necessary for the further processing of the complaint for the complainant to disclose the 1 |
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| 230 | 230 | | complainant's identity, the complainant shall do so or, at the option of the receiving law 2 |
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| 231 | 231 | | enforcement agency, the complaint may be dismissed. 3 |
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| 232 | 232 | | SECTION 2. This act shall take effect upon passage. 4 |
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| 233 | 233 | | ======== |
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| 234 | 234 | | LC001804 |
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| 235 | 235 | | ======== |
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| 236 | 236 | | |
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| 237 | 237 | | |
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| 238 | 238 | | LC001804 - Page 8 of 8 |
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| 239 | 239 | | EXPLANATION |
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| 240 | 240 | | BY THE LEGISLATIVE COUNCIL |
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| 241 | 241 | | OF |
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| 242 | 242 | | A N A C T |
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| 243 | 243 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT |
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| 244 | 244 | | INTEGRITY ACT |
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| 245 | 245 | | *** |
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| 246 | 246 | | This act would specify and restrict the use of excessive physical force by peace officers, 1 |
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| 247 | 247 | | require various reporting requirements of the incident and create a civil action for violations of 2 |
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| 248 | 248 | | constitutional rights as well as impose a duty to intervene on peace officers at the scene of the 3 |
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| 249 | 249 | | incident. 4 |
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| 250 | 250 | | This act would take effect upon passage. 5 |
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| 251 | 251 | | ======== |
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| 252 | 252 | | LC001804 |
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| 253 | 253 | | ======== |
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| 254 | 254 | | |
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