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Rhode Island Senate Bill S1059

Rhode Island 2023 Regular Session

Rhode Island Senate Bill S1059 Compare Versions

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55 2023 -- S 1059
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77 LC003056
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT
1616 OFFICERS' BILL OF RIGHTS
1717 Introduced By: Senator Ana B. Quezada
1818 Date Introduced: May 19, 2023
1919 Referred To: Senate Judiciary
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. The title of Chapter 42-28.6 of the General Laws entitled "Law Enforcement 1
2424 Officers' Bill of Rights" is hereby amended to read as follows: 2
2525 CHAPTER 42-28.6 3
2626 Law Enforcement Officers' Bill of Rights 4
2727 CHAPTER 42-28.6 5
2828 LAW ENFORCEMENT OFFICERS' ACCOUNTABILITY ACT 6
2929 SECTION 2. Sections 42-28.6-1, 42-28.6-2, 42-28.6-4, 42-28.6-5, 42-28.6-6, 42-28.6-8, 7
3030 42-28.6-11, 42-28.6-13, 42-28.6-14 and 42-28.6-15 of the General Laws in Chapter 42-28.6 entitled 8
3131 "Law Enforcement Officers’ Bill of Rights" are hereby amended to read as follows: 9
3232 42-28.6-1. Definitions — Payment of legal fees. 10
3333 As used in this chapter, the following words have the meanings indicated: 11
3434 (1) “Law enforcement officer” means any permanently employed city or town police 12
3535 municipal officer, state police officer, permanent law enforcement officer of the department of 13
3636 environmental management, or those employees of the airport corporation of Rhode Island who 14
3737 have been granted the authority to arrest by the director of said corporation. However this shall not 15
3838 include the chief of police and/or the highest ranking sworn officer of any of the departments 16
3939 including the director and deputy director of the airport corporation of Rhode Island. 17
4040 (2)(i) “Hearing committee” means a deliberative body, which is authorized, empowered, 18
4141
4242
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4444 and constituted as described herein to act in a quasi-judicial capacity to hear and decide whether a 1
4545 law enforcement officer deserved discipline and, if so, what the appropriate measure of discipline 2
4646 is. A hearing committee which is authorized to hold a hearing on a complaint against a law 3
4747 enforcement officer and which consists of three (3) shall consist of five (5) individuals, including 4
4848 two (2) whom are active or retired law enforcement officers from within the state of Rhode Island, 5
4949 other than chiefs of police, who have had no part in the investigation or interrogation of the law 6
5050 enforcement officer. The committee shall be composed of three (3) five (5) members; one member 7
5151 selected by the chief or the highest ranking officer of the law enforcement agency, one member 8
5252 selected by the aggrieved accused law enforcement officer and the third member shall be selected 9
5353 by the other two (2) members. In the event that the other two (2) members are unable to agree 10
5454 within five (5) days, then either member will make application to the presiding justice of the 11
5555 superior court and the presiding justice shall appoint the third member who shall be an active law 12
5656 enforcement officer., one member who shall be the chair of the Rhode Island commission for 13
5757 human rights, or designee, one member who shall be the Executive Director of the Rhode Island 14
5858 Center for Justice or designee, and one member who shall be dean of the Roger Williams University 15
5959 School of Law, or designee, the last mentioned whom shall serve as chairperson of the hearing 16
6060 committee and be responsible to convene the hearing committee, coordinate the hearing dates and 17
6161 locale, and preside as chairperson at the hearing; provided however, that none of the last mentioned 18
6262 three (3) member selectees shall be active or retired law enforcement officers, or active or former 19
6363 members of any labor organization ("civilian selectees"). Any of the civilian selectees to the hearing 20
6464 committee member shall immediately disclose to the presiding justice of the superior court any 21
6565 circumstance likely to give rise to justifiable doubt as to said selectee’s impartiality or 22
6666 independence, including any bias, prejudice, financial or personal interest in the result or outcome 23
6767 of the hearing. Such obligation shall remain in effect throughout the hearing. Upon written 24
6868 application by a majority of the hearing committee, the presiding justice, in his or her discretion, 25
6969 may also appoint legal counsel to assist the hearing committee. Any written application made under 26
7070 this subsection may take the form of a letter to the presiding justice. When acting in response to 27
7171 any written application made under this subsection, the presiding justice shall be acting in an 28
7272 administrative role and not exercising traditional judicial authority of the superior court. 29
7373 (ii) The law enforcement agency and the law enforcement officer under investigation, or 30
7474 his or her labor organization, shall each be responsible to pay fifty percent (50%) of the legal fee 31
7575 of the appointed legal counsel for the hearing committee; provided, however, that on motion written 32
7676 application made by either party, the presiding justice shall have the authority to make a different 33
7777 disposition as to what each party is required to pay toward the appointed legal counsel’s legal fee. 34
7878
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8181 Any written application made under this subsection may take the form of a letter to the presiding 1
8282 justice. When acting in response to any written application made under this subsection, the 2
8383 presiding justice shall be acting in an administrative role and not exercising traditional judicial 3
8484 authority of the superior court. 4
8585 (3) “Hearing” means any meeting in the course of an investigatory proceeding, other than 5
8686 an interrogation at which no testimony is taken under oath, conducted by a hearing committee for 6
8787 the purpose of taking or adducing testimony or receiving evidence material to and probative of 7
8888 whether a law enforcement officer deserves discipline and, if so, what the appropriate discipline is. 8
8989 42-28.6-2. Conduct of investigation. 9
9090 Whenever a law enforcement officer is under investigation or subjected to interrogation by 10
9191 a law enforcement agency, for a non-criminal matter which could lead to disciplinary action, 11
9292 demotion, or dismissal, the investigation or interrogation shall be conducted under the following 12
9393 conditions: 13
9494 (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when 14
9595 the law enforcement officer is on duty. 15
9696 (2) The interrogation shall take place at an office within the department previously 16
9797 designated for that purpose by the chief of police. 17
9898 (3) The law enforcement officer under interrogation shall be informed of the name, rank, 18
9999 and command of the officer in charge of the investigation, the interrogating officer, and all persons 19
100100 present during the interrogation. All questions directed to the officer under interrogation shall be 20
101101 asked by and through one interrogator. 21
102102 (4) No complaint against a law enforcement officer shall be brought before a hearing 22
103103 committee unless the complaint be duly sworn to before an official authorized to administer oaths. 23
104104 (5) The law enforcement officer under investigation shall, prior to any interrogating, be 24
105105 informed in writing of the nature of the complaint and of the names of all complainants. 25
106106 (6) Interrogating sessions shall be for reasonable periods and shall be timed to allow for 26
107107 such personal necessities and rest periods as are reasonably necessary. 27
108108 (7) Any law enforcement officer under interrogation shall not be threatened with transfer, 28
109109 dismissal, or disciplinary action. 29
110110 (8) If any law enforcement officer under interrogation is under arrest, or is likely to be 30
111111 placed under arrest as a result of the interrogation, he or she shall be completely informed of all his 31
112112 or her rights prior to the commencement of the interrogation. 32
113113 (9) At the request of any law enforcement officer under interrogation, he or she shall have 33
114114 the right to be represented by counsel of his or her choice who shall be present at all times during 34
115115
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118118 the interrogation. The interrogation shall be suspended for a reasonable time until representation 1
119119 can be obtained. 2
120120 (10) No statute shall abridge nor shall any law enforcement agency adopt any regulation 3
121121 which prohibits the right of a law enforcement officer to bring suit arising out of his or her duties 4
122122 as a law enforcement officer. 5
123123 (11) No law enforcement agency shall insert any adverse material into any file of the officer 6
124124 unless the officer has an opportunity to review and receive a copy of the material in writing, unless 7
125125 the officer waives these rights in writing. 8
126126 (12) No public statement shall be made prior to a decision being rendered by the hearing 9
127127 committee and no public statement shall be made if the officer is found innocent unless the officer 10
128128 requests a public statement; provided, however, that this subdivision shall not apply if the officer 11
129129 makes a public statement. The foregoing shall not preclude a law enforcement agency, in a criminal 12
130130 matter, from releasing information pertaining to criminal charges which have been filed against a 13
131131 law enforcement officer, the officer’s status of employment and the identity of any administrative 14
132132 charges brought against said officer as a result of said criminal charges. 15
133133 (i) If a law enforcement agency’s imposed discipline is less than termination, then the law 16
134134 enforcement agency shall make no public statement about any charges against a law enforcement 17
135135 officer until after a decision is rendered by the hearing committee, and even then, only if that 18
136136 decision found that the law enforcement officer deserved some form of discipline. The prohibitions 19
137137 contained herein do not apply to the law enforcement agency’s defending or filing of any civil 20
138138 action necessary to invoke the superior court’s jurisdiction. 21
139139 (ii) If a law enforcement agency’s imposed discipline is termination, then the law 22
140140 enforcement agency may make a limited public statement indicating that the law enforcement 23
141141 officer’s termination is sought, that a hearing committee will decide whether such is deserved after 24
142142 conducting a quasi-judicial hearing, whether and what (if any) criminal charges have been brought 25
143143 against the law enforcement officer, and that the law enforcement officer has (or has not) been 26
144144 suspended during the pendency of the hearing. After the hearing committee has decided the charges 27
145145 against the law enforcement officer, the law enforcement agency may make additional public 28
146146 statements disclosing the charges, and the hearing committee’s decision, and it may also release 29
147147 the hearing committee’s decision. The prohibitions contained herein do not apply to the law 30
148148 enforcement agency’s defending or filing of any civil action necessary to invoke the superior 31
149149 court’s jurisdiction. 32
150150 (iii) In either subsection 12(i) or 12(ii) of this section, if a law enforcement officer makes 33
151151 a public statement about the charges against him or her, then the law enforcement agency may 34
152152
153153
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155155 respond with public statements of its own. 1
156156 (iv) In a criminal matter, a law enforcement agency may make a public statement indicating 2
157157 whether and what, if any, criminal charges have been filed against a law enforcement officer, the 3
158158 officer’s employment status and the identity of any administrative charges brought against the 4
159159 officer as a result of or related to the criminal charges. 5
160160 (13) No law enforcement officer shall be compelled to speak or testify before, or be 6
161161 questioned by, any non-governmental agency. 7
162162 42-28.6-4. Right to hearing — Notice request for hearing — Selection of hearing 8
163163 committee Imposition of discipline -- Right to hearing -- Notice request for hearing -- 9
164164 Selection of hearing committee. 10
165165 (a) If the investigation or interrogation of a law enforcement officer results in the 11
166166 recommendation imposition of some employment disciplinary action, such as demotion, transfer, 12
167167 dismissal, loss of pay, reassignment, suspension, termination, or similar action which would be 13
168168 considered a punitive measure, then, before after having provided the officer with a pre-deprivation, 14
169169 Loudermill hearing and taking such action, the law enforcement agency shall give notice to the law 15
170170 enforcement officer that he or she is entitled to a hearing on the issues by, appealing such action 16
171171 before a hearing committee. The law enforcement officer may be relieved of duty subject to § 42-17
172172 28.6-13 of this chapter, and shall receive all ordinary pay and benefits as he or she would have if 18
173173 he or she were not charged nothing herein shall be construed or implied to limit, impede or deter a 19
174174 law enforcement agency from reassigning or transferring a law enforcement officer for operational, 20
175175 performance deficiency or remedial training purposes. 21
176176 Disciplinary action for violation(s) of departmental rules and/or regulations shall not be 22
177177 instituted against a law enforcement officer under this chapter more than three (3) years after such 23
178178 incident incident(s), event(s) or circumstance(s) warranting such action, except where such the 24
179179 incident incident(s), event(s) or circumstance(s) involve involves involves a potential criminal 25
180180 offense, in which case disciplinary action under this chapter may be whether or not charged or 26
181181 prosecuted, instituted at any time within the statutory period of limitations for such offense 27
182182 offense(s). 28
183183 (b) Notice under this section shall be in writing and shall inform the law enforcement 29
184184 officer of the following: 30
185185 (i) The nature of the charge(s) against him or her and, if known, the date(s) of the alleged 31
186186 offense(s); 32
187187 (ii) The recommended penalty discipline imposed; 33
188188 (iii) The fact that he or she has five (5) days from receipt of the notice within which to 34
189189
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192192 submit a written request for a hearing appealing the imposition of discipline; and 1
193193 (iv) The name and address of the officer to whom a written request for a hearing (and other 2
194194 related written communications) should be addressed. 3
195195 (c) The law enforcement officer shall, within five (5) days of his or her receipt of notice 4
196196 given pursuant to subsection (b) herein, file a written request for a hearing appealing the imposition 5
197197 of discipline with the officer designated in accordance with subdivision (b)(iv). Failure to file a 6
198198 written request for a hearing shall constitute a waiver of his or her right to a hearing under this 7
199199 chapter; provided, however, that the presiding justice of the superior court, upon petition and for 8
200200 good cause shown, may permit the filing of an untimely request for hearing. 9
201201 (d) The law enforcement officer shall provide the charging law enforcement agency with 10
202202 the name of one active or retired law enforcement officer to serve on the hearing committee, within 11
203203 five (5) days of the filing of his or her request for a hearing. Failure by the law enforcement officer 12
204204 to file his or her filing committee selection within the time period shall constitute a waiver of his 13
205205 or her right to a hearing under this chapter; provided, however, that the presiding justice of the 14
206206 superior court, upon petition and for good cause shown, may permit the filing of an untimely 15
207207 hearing committee selection by the officer. The charging law enforcement agency may impose the 16
208208 recommended penalty during the pendency of any such petition. 17
209209 (e) The charging law enforcement agency shall provide the law enforcement officer with 18
210210 the name of one active or retired law enforcement officer to serve on the hearing committee, within 19
211211 five (5) days of its receipt of the officer’s request for a hearing. Failure by the charging law 20
212212 enforcement agency to file its hearing committee selection within that time period shall constitute 21
213213 a dismissal of all charges against the law enforcement officer, with prejudice; provided, however, 22
214214 that the presiding justice of the superior court, upon petition and for good cause shown, and may 23
215215 permit the filing of an untimely hearing committee selection by the agency. Except as expressly 24
216216 provided in § 42-28.6-13 of this chapter, no disciplinary action shall be taken against the officer 25
217217 by virtue of the stated charges during the pendency of any such petition. 26
218218 (f) Within five (5) days of the charging law enforcement agency’s selection of a hearing 27
219219 committee member, the hearing committee members selected by the officer and by the agency 28
220220 shall: 29
221221 (i) Jointly select a third hearing committee member, who shall serve as chairperson of 30
222222 Jointly send written notice to the chair of the Rhode Island commission for human rights, the 31
223223 Executive Director Rhode Island Center for Justice, and the dean of the Roger Williams University 32
224224 School of Law requesting them to confirm their participation or make their respective selections to 33
225225 the hearing committee within fifteen (15) calendar days of their respective receipts of said notice; 34
226226
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229229 (ii) Petition the presiding justice of the superior court to select a third hearing committee 1
230230 member, who shall be an active law enforcement officer, and who shall serve as chairperson of the 2
231231 hearing committee; or 3
232232 (iii) Agree to an extension of time, not to exceed thirty (30) days, for the selection of a third 4
233233 hearing committee member. 5
234234 (g) Law enforcement officers selected to serve on a hearing committee under this chapter 6
235235 shall be relieved of duty for each day of actual hearing and shall be compensated by their respective 7
236236 agencies at their ordinary daily rate of pay for each day actually spent in the conduct of the hearing 8
237237 hereunder. 9
238238 (h) Two (2) lists of active police officers available to serve as chairpersons of hearing 10
239239 committees under this chapter shall be provided annually to the presiding justice of the superior 11
240240 court. One list shall be provided by the Rhode Island Police Chiefs' Association; the other shall be 12
241241 appointed, jointly, by the Fraternal Order of Police and the International Brotherhood of Police 13
242242 Officers. In selecting officers to serve as chairpersons of hearing committees under this chapter, 14
243243 the presiding justice shall alternate between the two (2) lists so provided. No collective bargaining 15
244244 agreement (CBA) or contract entered into or made effective on or after July 1, 2023 shall contain 16
245245 any provision modifying changing or contravening the provisions of this chapter. Any provision in 17
246246 a CBA or contract modifying, changing or contravening the provisions of this chapter contained 18
247247 within a CBA or contract entered into or made effective on or after July 1, 2023 shall be void as a 19
248248 violation of public policy. 20
249249 (i) Whenever a law enforcement officer faces disciplinary action as a result of criminal 21
250250 charges, the provisions of subsections (c), (d), (e) and (f) shall be suspended pending the 22
251251 adjudication of said criminal charges. 23
252252 42-28.6-5. Conduct of hearing. 24
253253 (a) The hearing shall be conducted by the hearing committee selected in accordance with 25
254254 § 42-28.6-4 of this chapter. Both the law enforcement agency and the law enforcement officer shall 26
255255 be given ample opportunity to present evidence and argument with respect to the issues involved. 27
256256 Both may be represented by counsel. Upon petition and for good cause shown, the presiding justice 28
257257 of the superior court may order a hearing under this chapter to be held in abeyance pending the 29
258258 outcome of any criminal investigation and/or criminal charges against a law enforcement officer. 30
259259 (b) The hearing shall be convened at the call of the chair; shall commence within thirty 31
260260 (30) days after the selection of a chairperson of the hearing committee; and shall be completed 32
261261 within sixty (60) days of the commencement of the hearing. The hearing committee shall render a 33
262262 written decision within thirty (30) days after the conclusion of the hearing. The time limits 34
263263
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266266 established in this subsection may, upon written application, be extended by the presiding justice 1
267267 of the superior court for good cause shown. Any written application made under this subsection 2
268268 may take the form of a letter to the presiding justice. When acting in response to any written 3
269269 application made under this subsection, the presiding justice shall be acting in an administrative 4
270270 role and not exercising traditional judicial authority of the superior court. 5
271271 (c) Not less than ten (10) days prior to the first hearing date, the charging law enforcement 6
272272 agency shall provide to the law enforcement officer: 7
273273 (i) A list of all witnesses, known to the agency at that time, to be called by the agency to 8
274274 testify at the hearing; 9
275275 (ii) Copies of all written and/or recorded statements by such witnesses in the possession of 10
276276 the agency; and 11
277277 (iii) A list of all documents and other items to be offered as evidence at the hearing. 12
278278 (d) Not less than five (5) days prior to the first hearing date, the law enforcement officer 13
279279 shall provide to the charging law enforcement agency a list of all witnesses, known to the officer 14
280280 at that time, to be called by the officer to testify at the hearing: a list of all witnesses, known to the 15
281281 officer at that time, to be called by the officer to testify at the hearing. 16
282282 (1) A list of all witnesses, known to the officer at that time, to be called by the officer to 17
283283 testify at the hearing; 18
284284 (2) Copies of all written and/or recorded statements by such witnesses in the possession of 19
285285 the officer; and 20
286286 (3) A list of all documents and other items to be offered as evidence by the officer at the 21
287287 hearing. 22
288288 (e) Failure by either party to comply with the provisions of subsections (c) and (d) of this 23
289289 section shall result in the exclusion from the record of the hearing of testimony and/or evidence not 24
290290 timely disclosed in accordance with those subsections. If the agency or the officer fails to comply 25
291291 with the provisions of subsections (c) and (d) of this section, then, upon the request of the other 26
292292 party, the hearing committee shall examine and balance four (4) factors in assessing a discretionary 27
293293 sanction, if any: 28
294294 (1) The reason for the non-disclosure; 29
295295 (2) The extent of prejudice to the opposing party; 30
296296 (3) The feasibility of rectifying that prejudice by a continuance; and 31
297297 (4) Any other relevant factors. 32
298298 The permissible sanctions the hearing committee may impose are: exclusion of a witness 33
299299 from testifying; exclusion of a witness from testifying about certain matters; and exclusion of 34
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303303 written and/or recorded statements, documents, or other items from evidence; provided however, 1
304304 the hearing committee shall give due deference to serving the interests of justice by imposing such 2
305305 sanctions rarely and sparingly, permitting evidence to be adduced liberally, absent a compelling 3
306306 public interest to the contrary. 4
307307 42-28.6-6. Evidence at hearing — Hearing record. 5
308308 (a) Evidence which possesses probative value commonly accepted by reasonable and 6
309309 prudent persons in the conduct of their affairs shall be admissible and shall be given probative 7
310310 effect. The hearing committee conducting the hearing shall give effect to the rules of privilege 8
311311 recognized by law, and may exclude incompetent, irrelevant, immaterial, and unduly repetitious 9
312312 evidence. All records and documents which any party desires to use shall be offered and made part 10
313313 of the record. 11
314314 (b) No statements, documents and/or other evidence and no copies of any statements, 12
315315 documents and/or other evidence shall be presented to the hearing committee prior to the hearing. 13
316316 (c) All proceedings before the hearing committee shall be recorded by stenographic record, 14
317317 the expense of which shall be borne equally by the charging law enforcement agency and the 15
318318 accused officer or his or her labor organization. A copy of the record shall be provided to the law 16
319319 enforcement officer or his or her attorney or representative of record upon request. 17
320320 42-28.6-8. Witness fees. 18
321321 Witness fees and mileage, if claimed, shall be allowed the same as for testimony in the 19
322322 superior court. Witness fees, mileage, and the actual expenses necessarily incurred in securing 20
323323 attendance of witnesses and their testimony shall be itemized, and shall be paid by the law 21
324324 enforcement agency if the officer is ultimately found innocent of all charges. 22
325325 42-28.6-11. Decisions of hearing committee. 23
326326 (a) The hearing committee shall be empowered to sustain, modify in whole or in part, or 24
327327 reverse the complaint or charges of the investigating authority law enforcement agency, as provided 25
328328 in § 42-28.6-4; provided however, the hearing committee shall give complete deference to the 26
329329 discipline imposed by the chief of police, and is not empowered to modify it to any degree or extent, 27
330330 unless it finds, by clear and convincing evidence, that the imposition of employment disciplinary 28
331331 action, such as demotion, transfer, loss of pay, reassignment, suspension or termination was 29
332332 arbitrary and capricious. If the investigation determines that a law enforcement officer willfully 30
333333 committed or engaged in any behavior involving or constituting excessive force, violence, 31
334334 falsification or untruthfulness in making or submitting any report, witness statement, narrative or 32
335335 other document, theft of any kind, misuse of department equipment, including deliberate failure to 33
336336 activate body worn cameras, or engaged in a hate crime, or racist or biased behavior, the chief of 34
337337
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340340 police shall terminate said law enforcement officer's employment; and if a hearing committee 1
341341 sustains any charges of committing or engaging in such behavior, in addition to termination of 2
342342 employment, the law enforcement officer's pension, retirement and all other post-employment 3
343343 benefits shall be revoked and divested by the appropriate pension plan administrator, retirement 4
344344 board or such other authority having jurisdiction over said pension, retirement and all other post-5
345345 employment benefits. 6
346346 (b) Any decision, order, or action taken as a result of the hearing shall be in writing and 7
347347 shall be accompanied by findings of fact. The findings shall consist of a concise statement upon 8
348348 each issue in the case. Copies of the decision or order and accompanying findings and conclusions 9
349349 shall be delivered or mailed promptly to the law enforcement officer or to his or her attorney or 10
350350 representative of record and to the law enforcement agency or to its attorney or representative of 11
351351 record. 12
352352 (c) In any proceeding under this chapter, it shall be the burden of the charging law 13
353353 enforcement agency to prove, by a fair preponderance of the evidence, that the law enforcement 14
354354 officer is guilty of the offense(s) or violation(s) of which he or she is accused. 15
355355 42-28.6-13. Suspensions. 16
356356 (a) The provisions of this chapter are not intended to prohibit suspensions by the chief or 17
357357 the highest ranking officer of the law enforcement agency. 18
358358 (b) Summary punishment of two (2) days' suspension without pay may be imposed for 19
359359 minor violations of departmental rules and regulations. Appeals of suspension under this subsection 20
360360 shall be subject to the grievance provisions of any applicable collective bargaining agreement. 21
361361 Discipline of one to up to fifteen (15) days’ suspension without pay may be imposed upon a law 22
362362 enforcement officer for any violation(s) of departmental rules and regulations, and is not subject to 23
363363 this chapter’s provisions pertaining to the filing of a civil action, notice, and hearings before a 24
364364 hearing committee. However, suspensions under this subsection may be subject to the grievance 25
365365 and arbitration provisions of any applicable collective bargaining agreement if it expressly allows 26
366366 for such; provided however, that an arbitrator shall give complete deference to the suspension 27
367367 imposed by the chief of police, and is not empowered to modify it to any degree or extent, unless 28
368368 he or she finds, by clear and convincing evidence, that the imposition of said suspension was 29
369369 arbitrary and capricious. 30
370370 (c) Suspension may be imposed by the chief or the highest ranking sworn officer of the law 31
371371 enforcement agency when the law enforcement officer is under investigation for a criminal felony 32
372372 matter. Any suspension shall consist of the law enforcement officer being relieved of duty, and he 33
373373 or she shall receive all ordinary pay and benefits as he or she would receive if he or she were not 34
374374
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377377 suspended. Suspension under this subsection shall not exceed one hundred eighty (180) days. 1
378378 (d) Suspension may be imposed by the chief or highest ranking sworn officer of the law 2
379379 enforcement agency when the law enforcement officer in under investigation for a misdemeanor 3
380380 criminal matter. Any such suspension shall consist of the law enforcement officer being relieved 4
381381 of duty, and he or she shall receive all ordinary pay and benefits as he or she would receive if he or 5
382382 she were not suspended. Suspension under this subsection shall not exceed thirty (30) days; 6
383383 provided, however, that if an officer is charged with a misdemeanor offense the chief or highest 7
384384 ranking sworn officer of the law enforcement agency may continue said suspension with without 8
385385 pay up to a total of one hundred and eighty (180) days. If the disposition of the criminal matter does 9
386386 not take place within one hundred eighty (180) days of the commencement of such suspension, the 10
387387 law enforcement officer may continue to be suspended without pay and benefits; provided, 11
388388 however, that the officer’s entitlement to such medical insurance, dental insurance, disability 12
389389 insurance and life insurance as is available to all other officers within the agency shall not be 13
390390 suspended. The law enforcement officer may petition the presiding justice of the superior court for 14
391391 a stay of the suspension without pay, and such stay shall be granted upon a showing that said delay 15
392392 in the criminal disposition was outside the law enforcement officer’s control. In the event the law 16
393393 enforcement officer is acquitted of any misdemeanor related thereto, the officer shall be forthwith 17
394394 reinstated and reimbursed all salary and benefits that have not been paid during the suspension 18
395395 period. 19
396396 (e) Suspension may be imposed by the chief or highest ranking sworn officer of the law 20
397397 enforcement agency when the law enforcement officer is under investigation for a noncriminal 21
398398 matter. Any such suspension shall consist of the law enforcement officer being relieved of duty, 22
399399 and he or she shall receive all ordinary pay and benefits as he or she would receive if he or she were 23
400400 not suspended. Suspension under this subsection shall not exceed fifteen (15) calendar days; 24
401401 provided however, that such a suspension may be extended for ten (10) calendar days should 25
402402 additional time be reasonably necessary to complete such an investigation or any other time frame 26
403403 established under the provisions of any applicable collective bargaining agreement. 27
404404 (f) Suspension may be imposed by the chief or highest ranking sworn officer of the law 28
405405 enforcement agency upon receipt of notice or disciplinary action in accordance with § 42-28.6-4(b) 29
406406 of this chapter in which termination or demotion is the recommended punishment. Any such 30
407407 suspension shall consist of the law enforcement officer being relieved of duty, and he or she shall 31
408408 receive all ordinary pay and benefits as he or she would receive if he or she were not so suspended. 32
409409 (g) Any law enforcement officer who is charged, indicted or informed against for a felony 33
410410 or who is convicted of and incarcerated for a misdemeanor may be suspended without pay and 34
411411
412412
413413 LC003056 - Page 12 of 14
414414 benefits at the discretion of the agency or chief or highest ranking sworn officers; provided, 1
415415 however, that the officer’s entitlement to medical insurance, dental insurance, disability insurance 2
416416 and life insurance as is available to all other officers within the agency shall not be suspended. In 3
417417 the event that the law enforcement officer is acquitted of any felony related thereto, the officer shall 4
418418 be reinstated and reimbursed forthwith for all salary and benefits that have not been paid during the 5
419419 suspension period; provided however, that reinstatement and reimbursement shall not be required 6
420420 if the agency proceeds with employment disciplinary action with charges, notice and hearing under 7
421421 the provisions of this chapter. 8
422422 (h) Any law enforcement officer who is convicted of a felony or misdemeanor shall, 9
423423 pending the prosecution of an appeal, be suspended without pay and benefits; provided, however, 10
424424 that the officer’s entitlement to such medical insurance, dental insurance, disability insurance and 11
425425 life insurance as is available to all other officers within the agency shall not be suspended. 12
426426 Whenever, upon appeal, such conviction is reversed, the suspension under this subsection shall 13
427427 terminate and the law enforcement officer shall forthwith be paid the salary and benefits that would 14
428428 have been paid to him or her during that period of suspension; provided however, that reinstatement 15
429429 and reimbursement shall not be required if the agency proceeds with employment disciplinary 16
430430 action with charges, notice and hearing under the provisions of this chapter. 17
431431 (i) Any law enforcement officer who pleads guilty or no contest to a felony charge or whose 18
432432 conviction of a felony has, after or in the absence of a timely appeal, become final may be dismissed 19
433433 by the law enforcement agency and, in the event of such dismissal, other provisions of this chapter 20
434434 shall not apply. 21
435435 42-28.6-14. Retaliation for exercising rights Retaliation for exercising rights or denial 22
436436 of rights. 23
437437 (a) No law enforcement officer shall be discharged, demoted, disciplined, or denied 24
438438 promotion, transfer or reassignment, or otherwise discriminated against in regard to his or her 25
439439 employment or be threatened with any such treatment, by reason of his or her exercise of or demand 26
440440 for rights granted in this subtitle, or by reason of the lawful exercise of his or her constitutional 27
441441 rights. 28
442442 (b) Any law enforcement officer who is denied any right afforded by this subtitle may 29
443443 apply, either individually or through his or her certified or recognized employee organization, to 30
444444 the superior court where he or she resides or is regularly employed for any order directing the law 31
445445 enforcement agency to show cause why the right should not be afforded. 32
446446 42-28.6-15. Exclusivity of remedy Exclusivity of remedy -- Retention of discipline 33
447447 records and reporting of same. 34
448448
449449
450450 LC003056 - Page 13 of 14
451451 The remedies contained herein shall be the sole and exclusive remedies for all law 1
452452 enforcement officers subject to the provisions of this chapter. A law enforcement agency shall 2
453453 retain all records of an officer’s disciplinary history, including, but not limited to, oral and written 3
454454 reprimands, up to and including all records of suspension(s) and termination. A law enforcement 4
455455 agency shall fully comply with any reporting obligations imposed by federal law to report and 5
456456 document a law enforcement officer’s misconduct. No provision or section in this chapter shall be 6
457457 construed or applied to conflict with or impede any such reporting obligations. 7
458458 SECTION 3. Chapter 42-28.6 of the General Laws entitled "Law Enforcement Officers' 8
459459 Bill of Rights" is hereby amended by adding thereto the following section: 9
460460 42-28.6-18. Title. 10
461461 This chapter shall be known as the "Law Enforcement Officers' Accountability Act." 11
462462 SECTION 3. This act shall take effect upon passage. 12
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466466
467467
468468 LC003056 - Page 14 of 14
469469 EXPLANATION
470470 BY THE LEGISLATIVE COUNCIL
471471 OF
472472 A N A C T
473473 RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT
474474 OFFICERS' BILL OF RIGHTS
475475 ***
476476 This act would amend the law enforcement officers' bill of rights to provide greater 1
477477 accountability in the disciplinary process over law enforcement. The hearing committee will be 2
478478 comprised of five (5) members. The members are the chair of the Rhode Island commission for 3
479479 human rights or designee, the Executive Director of the Rhode Island Center for Justice or designee, 4
480480 dean of the Roger Williams University School of Law, or designee, a member selected by the chief 5
481481 of police and a member selected by the accused officer. 6
482482 This act would take effect upon passage. 7
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484484 LC003056
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486486