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Rhode Island Senate Bill S1060

Rhode Island 2023 Regular Session

Rhode Island Senate Bill S1060 Compare Versions

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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 GOVERNME NT -- LAW ENFORCEMENT
1616 OFFICERS' BILL OF RIGHTS
1717 Introduced By: Senator Dominick J. Ruggerio
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. Sections 42-28.6-1, 42-28.6-2, 42-28.6-4, 42-28.6-5, 42-28.6-6, 42-28.6-11, 1
2424 42-28.6-13 and 42-28.6-15 of the General Laws in Chapter 42-28.6 entitled "Law Enforcement 2
2525 Officers’ Bill of Rights" are hereby amended to read as follows: 3
2626 42-28.6-1. Definitions — Payment of legal fees. 4
2727 As used in this chapter, the following words have the meanings indicated: 5
2828 (1) "Course of training in police discipline" means a course or courses of instruction 6
2929 approved by the commission on standards and training ("commission") which shall be taught by 7
3030 instructors approved by the commission regarding the provisions of chapter 28.6 of this title and 8
3131 the applicable procedure, evidence and rules that apply to police discipline as provided pursuant to 9
3232 § 42-28.6-1.3. 10
3333 (1)(2) “Law enforcement officer” means any permanently employed city or town police 11
3434 officer, state police officer, permanent law enforcement officer of the department of environmental 12
3535 management, or those employees of the airport corporation of Rhode Island who have been granted 13
3636 the authority to arrest by the director of said corporation. However this shall not include the chief 14
3737 of police and/or the highest ranking sworn officer of any of the departments including the director 15
3838 and deputy director of the airport corporation of Rhode Island. 16
3939 (2)(3)(i) “Hearing committee” means a committee acting as a deliberative body which is 17
4040 authorized to hold a hearing on a complaint against a law enforcement officer and which consists 18
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4444 of three (3) five (5) members: one member appointed by the chief justice of the supreme court who 1
4545 shall be a retired justice or judge of the supreme, superior or district court; one member who shall 2
4646 be the executive director of the Nonviolence Institute, a domestic nonprofit corporation; and three 3
4747 (3) active or retired qualified law enforcement officers employed by the state police or a municipal 4
4848 law enforcement agency from within the state of Rhode Island, other than chiefs of police, who 5
4949 have had no part in the investigation or interrogation of the law enforcement officer. The committee 6
5050 shall be composed of three (3) members; one member selected by the chief or the highest ranking 7
5151 officer of the law enforcement agency, one member selected by the aggrieved law enforcement 8
5252 officer and the third member shall be selected by the other two (2) members. In the event that the 9
5353 other two (2) members are unable to agree within five (5) days, then either member will make 10
5454 application to the presiding justice of the superior court and the presiding justice shall appoint the 11
5555 third member who shall be an active law enforcement officer who shall be selected at random by 12
5656 the director of the department of public safety from the certified officer pool established pursuant 13
5757 to § 42-28.6-1.1. If the accused law enforcement officer is a member of the state police, then the 14
5858 chief justice of the supreme court shall randomly select the three (3) qualified active law 15
5959 enforcement members from the certified officer pool. No law enforcement officer shall be selected 16
6060 that is employed by the same law enforcement agency that employs the accused law enforcement 17
6161 officer or who is employed by the charging law enforcement agency. The retired justice or judge 18
6262 appointed by the chief justice of the supreme court shall serve as chairperson of the hearing 19
6363 committee. Upon written application by a majority of the hearing committee, the presiding justice 20
6464 chairperson, in his or her discretion, may also appoint legal counsel to assist the hearing committee. 21
6565 (ii) The law enforcement agency and the accused law enforcement officer under 22
6666 investigation shall each be responsible to pay fifty percent (50%) of the legal fee of the appointed 23
6767 legal counsel for the hearing committee; provided, however, that on motion made by either party, 24
6868 the presiding justice shall have the authority to make a different disposition as to what each party 25
6969 is required to pay toward the appointed legal counsel’s legal fee. 26
7070 (3)(4) “Hearing” means any meeting in the course of an investigatory proceeding, other 27
7171 than an interrogation at which no testimony is taken under oath, conducted by a hearing committee 28
7272 for the purpose of taking or adducing testimony or receiving evidence. 29
7373 (5) "Qualified law enforcement officer" means an active sworn law enforcement officer 30
7474 who meets the following criteria: 31
7575 (i) Has a minimum of five (5) years active service as a law enforcement officer with a law 32
7676 enforcement agency within the state; 33
7777 (ii) Has successfully completed a course(s) of training in police discipline pursuant to this 34
7878
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8181 chapter and has maintained a current certification of completed training; and 1
82-(iii) Has not achieved the rank of chief, colonel, deputy chief, or lieutenant colonel. 2
82+(iii) Has not achieved the rank of chief, colonel, deputy chief, lieutenant colonel or major. 2
8383 42-28.6-2. Conduct of investigation. 3
8484 (a) Whenever a law enforcement officer is under investigation or subjected to interrogation 4
8585 by a law enforcement agency, for a non-criminal matter which could lead to disciplinary action, 5
8686 demotion, or dismissal, the investigation or interrogation shall be conducted under the following 6
8787 conditions: 7
8888 (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when 8
8989 the law enforcement officer is on duty. 9
9090 (2) The interrogation shall take place at an office within the department previously 10
9191 designated for that purpose by the chief of police. 11
9292 (3) The accused law enforcement officer under interrogation shall be informed of the name, 12
9393 rank, and command of the officer in charge of the investigation, the interrogating officer, and all 13
9494 persons present during the interrogation. All questions directed to the officer under interrogation 14
9595 shall be asked by and through one interrogator. 15
9696 (4) No complaint against a law enforcement officer shall be brought before a hearing 16
9797 committee unless the complaint be duly sworn to before an official authorized to administer oaths. 17
9898 (5) The accused law enforcement officer under investigation shall, prior to any 18
9999 interrogating interrogation, be informed in writing of the nature of the complaint and of the names 19
100100 of all complainants. 20
101101 (6) Interrogating Interrogation sessions shall be for reasonable periods and shall be timed 21
102102 to allow for such personal necessities and rest periods as are reasonably necessary. 22
103103 (7) Any law enforcement officer under interrogation shall not be threatened with transfer, 23
104104 dismissal, or disciplinary action. 24
105105 (8) If any law enforcement officer under interrogation is under arrest, or is likely to be 25
106106 placed under arrest as a result of the interrogation, he or she they shall be completely informed of 26
107107 all his or her their rights prior to the commencement of the interrogation. 27
108108 (9) At the request of any law enforcement officer under interrogation, he or she they shall 28
109109 have the right to be represented by counsel of his or her their choice who shall be present at all 29
110110 times during the interrogation. The interrogation shall be suspended for a reasonable time, not 30
111111 exceeding seven (7) days, until representation can be obtained. 31
112112 (10) No statute shall abridge nor shall any law enforcement agency adopt any regulation 32
113113 which prohibits the right of a an accused law enforcement officer to bring suit arising out of his or 33
114114 her duties as a law enforcement officer. 34
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118118 (11) No law enforcement agency shall insert any adverse material into any file of the officer 1
119119 unless the officer has an opportunity to review and receive a copy of the material in writing, unless 2
120120 the officer waives these rights in writing. 3
121121 (12) No public statement shall be made prior to a decision being rendered by the hearing 4
122122 committee and no public statement shall be made if the officer is found innocent unless the officer 5
123123 requests a public statement; provided, however, that this subdivision shall not apply if the officer 6
124124 makes a public statement. The foregoing shall not preclude a law enforcement agency, in a criminal 7
125125 matter, from releasing information pertaining to criminal charges which have been filed against a 8
126126 law enforcement officer, the officer’s status of employment and the identity of any administrative 9
127127 charges brought against said officer as a result of said criminal charges. 10
128128 (13)(12) No law enforcement officer shall be compelled to speak or testify before, or be 11
129129 questioned by, any non-governmental agency. 12
130130 (b) Nothing in this chapter shall be construed as prohibiting a chief, or designee from 13
131131 releasing any video evidence, or from making a public statement about or concerning an incident 14
132132 or matter of public interest involving any law enforcement officer employed by the chief's law 15
133133 enforcement agency. 16
134134 (c) Nothing in this chapter shall be construed as prohibiting the accused law enforcement 17
135135 officer from making any public statement. 18
136136 42-28.6-4. Right to hearing — Notice request for hearing — Selection of hearing 19
137137 committee. 20
138138 (a) If the investigation or interrogation of a law enforcement officer results in the 21
139139 recommendation of some action, such as demotion, transfer, dismissal, loss of pay, reassignment, 22
140140 or similar action which would be considered a punitive measure, then, before taking such action, 23
141141 the law enforcement agency shall give notice to the law enforcement officer that he or she is entitled 24
142142 to a hearing on the issues by a hearing committee. The law enforcement officer may be relieved of 25
143143 duty subject to § 42-28.6-13 of this chapter, and shall receive all ordinary pay and benefits as he 26
144144 or she would have if he or she were not charged. 27
145145 Disciplinary action for violation(s) of departmental rules and/or regulations shall not be 28
146146 instituted against a an accused law enforcement officer under this chapter more than three (3) years 29
147147 after such incident, except where such incident involves a potential criminal offense, in which case 30
148148 disciplinary action under this chapter may be instituted at any time within the statutory period of 31
149149 limitations for such offense. 32
150150 (b) Notice under this section shall be in writing and shall inform the law enforcement 33
151151 officer of the following: 34
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155155 (i) The nature of the charge(s) against him or her and, if known, the date(s) of the alleged 1
156156 offense(s); 2
157157 (ii) The recommended penalty; 3
158158 (iii) The fact that he or she has five (5) days from receipt of the notice within which to 4
159159 submit a written request for a hearing; and 5
160160 (iv) The name and address of the officer to whom a written request for a hearing (and other 6
161161 related written communications) should be addressed. 7
162162 (c) The accused law enforcement officer shall, within five (5) days of his or her their receipt 8
163163 of notice given pursuant to subsection (b) herein, file a written request for hearing with the officer 9
164164 designated in accordance with subdivision subsection (b)(iv) of this section. Failure to file a written 10
165165 request for a hearing shall constitute a waiver of his or her their right to a hearing under this chapter; 11
166166 provided, however, that the presiding justice of the superior court, upon petition and for good cause 12
167167 shown, may permit the filing of an untimely request for hearing. 13
168168 (d) The law enforcement officer shall provide the charging law enforcement agency with 14
169169 the name of one active or retired law enforcement officer to serve on the hearing committee, within 15
170170 five (5) days of the filing of his or her request for a hearing. Failure by the law enforcement officer 16
171171 to file his or her filing committee selection within the time period shall constitute a waiver of his 17
172172 or her right to a hearing under this chapter; provided, however, that the presiding justice of the 18
173173 superior court, upon petition and for good cause shown, may permit the filing of an untimely 19
174174 hearing committee selection by the officer. The charging law enforcement agency may impose the 20
175175 recommended penalty during the pendency of any such petition. 21
176176 (e) The charging law enforcement agency shall provide the law enforcement officer with 22
177177 the name of one active or retired law enforcement officer to serve on the hearing committee, within 23
178178 five (5) days of its receipt of the officer’s request for a hearing. Failure by the charging law 24
179179 enforcement agency to file its hearing committee selection within that time period shall constitute 25
180180 a dismissal of all charges against the law enforcement officer, with prejudice; provided, however, 26
181181 that the presiding justice of the superior court, upon petition and for good cause shown, and permit 27
182182 the filing of an untimely hearing committee selection by the agency. Except as expressly provided 28
183183 in § 42-28.6-13 of this chapter, no disciplinary action shall be taken against the officer by virtue 29
184184 of the stated charges during the pendency of any such petition. 30
185185 (f) Within five (5) days of the charging law enforcement agency’s selection of a hearing 31
186186 committee member, the hearing committee members selected by the officer and by the agency 32
187187 shall: 33
188188 (i) Jointly select a third hearing committee member, who shall serve as chairperson of the 34
189189
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192192 hearing committee; 1
193193 (ii) Petition the presiding justice of the superior court to select a third hearing committee 2
194194 member, who shall be an active law enforcement officer, and who shall serve as chairperson of the 3
195195 hearing committee; or 4
196196 (iii) Agree to an extension of time, not to exceed thirty (30) days, for the selection of a third 5
197197 hearing committee member. 6
198198 (d) Upon receipt of the notice requesting a hearing pursuant to the provisions of subsection 7
199199 (c) of this section, the police chief or highest ranking officer in the law enforcement agency shall 8
200200 within five (5) days notify the chief justice of the Rhode Island supreme court requesting that a 9
201201 retired justice or judge be assigned to serve as chairperson of the hearing committee defined in § 10
202202 42-28.6-1. The chief justice shall assign a retired justice or judge to serve as chairperson of the 11
203203 committee within five (5) days of receipt of the request. 12
204204 (e) The chairperson of the hearing committee shall within five (5) days of appointment: 13
205-(1) Pursuant to the provisions of subsection (d) of this section, request the chief justice of 14
206-the Rhode Island supreme court to randomly select three (3) officers from the certified officer pool. 15
207-(2) Notify the executive director of the Nonviolence Institute requesting the executive 16
208-director's service on the hearing committee. If the executive director of the Nonviolence Institute 17
209-is unable to serve, then the executive director for the Rhode Island commission for human rights 18
210-shall serve as a member. 19
211-(f) The chairperson of the hearing committee shall convene an initial meeting or hearing of 20
212-the committee within thirty (30) days of chair's appointment pursuant to the provisions of 21
213-subsection (d) of this section. 22
214-(g) Law enforcement officers selected to serve on a hearing committee under this chapter 23
215-shall be relieved of duty for each day of actual hearing and shall be compensated by their respective 24
216-agencies at their ordinary daily rate of pay for each day actually spent in the conduct of the hearing 25
217-hereunder. 26
218-(h) Two (2) lists of active police officers available to serve as chairpersons of hearing 27
219-committees under this chapter shall be provided annually to the presiding justice of the superior 28
220-court. One list shall be provided by the Rhode Island Police Chiefs’ Association; the other shall be 29
221-appointed, jointly, by the Fraternal Order of Police and the International Brotherhood of Police 30
222-Officers. In selecting officers to serve as chairpersons of hearing committees under this chapter, 31
223-the presiding justice shall alternate between the two (2) lists so provided. The justice or judge 32
224-appointed pursuant to §§ 42-28.6-1 and 42-28.6-4 shall serve as chairperson. 33
225-(i) Whenever a law enforcement officer faces disciplinary action as a result of criminal 34
205+(1) Pursuant to the provisions of subsection (d) of this section, request the director of the 14
206+department of public safety to randomly select three (3) officers from the certified officer pool 15
207+established pursuant to the provisions of § 42-28.6-1.1; provided, however, if the accused law 16
208+enforcement officer is a member of the state police, then the chief justice of the supreme court shall 17
209+make the random selection of three (3) qualified active law enforcement members from the certified 18
210+officer pool. If the director of the department of public safety is unavailable or unable to make the 19
211+random selection, then the selection shall be made by the chief justice. 20
212+(2) Notify the executive director of the Nonviolence Institute requesting the executive 21
213+director's service on the hearing committee. If the executive director of the Nonviolence Institute 22
214+is unable to serve, then the executive director for the Rhode Island commission for human rights 23
215+shall serve as a member. 24
216+(f) The chairperson of the hearing committee shall convene an initial meeting or hearing of 25
217+the committee within thirty (30) days of chair's appointment pursuant to the provisions of 26
218+subsection (d) of this section. 27
219+(g) Law enforcement officers selected to serve on a hearing committee under this chapter 28
220+shall be relieved of duty for each day of actual hearing and shall be compensated by their respective 29
221+agencies at their ordinary daily rate of pay for each day actually spent in the conduct of the hearing 30
222+hereunder. 31
223+(h) Two (2) lists of active police officers available to serve as chairpersons of hearing 32
224+committees under this chapter shall be provided annually to the presiding justice of the superior 33
225+court. One list shall be provided by the Rhode Island Police Chiefs’ Association; the other shall be 34
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229-charges, the provisions of subsections (c), (d), (e) and (f) shall be suspended pending the 1
230-adjudication of said criminal charges. 2
231-42-28.6-5. Conduct of hearing. 3
232-(a) The hearing shall be conducted by the hearing committee selected in accordance with 4
233-§ 42-28.6-4 of this chapter. Both the law enforcement agency and the accused law enforcement 5
234-officer shall be given ample opportunity to present evidence and argument with respect to the issues 6
235-involved. Both may be represented by counsel. 7
236-(b) The hearing shall be convened at the call of the chair; shall commence within thirty 8
237-(30) days after the selection of a chairperson of the hearing committee; and shall be completed 9
238-within sixty (60) days of the commencement of the hearing. The hearing committee shall render a 10
239-written decision within thirty (30) days after the conclusion of the hearing. The time limits 11
240-established in this subsection may be extended by the presiding justice of the superior court 12
241-chairperson for good cause shown. 13
242-(c) Not less than ten (10) days prior to the first hearing date, the charging law enforcement 14
243-agency shall provide to the accused law enforcement officer: 15
244-(i) A list of all witnesses, known to the agency at that time, to be called by the agency to 16
245-testify at the hearing; 17
246-(ii) Copies of all written and/or recorded statements by such witnesses in the possession of 18
247-the agency; and 19
248-(iii) A list of all documents and other items to be offered as evidence at the hearing. 20
249-(d) Not less than five (5) days prior to the first hearing date, the accused law enforcement 21
250-officer shall provide to the charging law enforcement agency a list of all witnesses, known to the 22
251-officer at that time, to be called by the officer to testify at the hearing. 23
252-(e) Failure by either party to comply with the provisions of subsections (c) and (d) of this 24
253-section shall result in the exclusion from the record of the hearing of testimony and/or evidence not 25
254-timely disclosed in accordance with those subsections. If the charging agency or the accused law 26
255-enforcement officer fails to comply with the provisions of subsections (c) or (d) of this section, 27
256-then, upon the request of the other party, the chairperson shall consider the following factors in 28
257-assessing a discretionary sanction, if any: 29
258-(1) The reason for the non-disclosure; 30
259-(2) The extent of prejudice to the opposing party; 31
260-(3) The feasibility of rectifying that prejudice by a continuance; and 32
261-(4) Any other relevant factors. 33
262-(f) The permissible sanctions the chairperson may impose pursuant to subsection (e) of this 34
229+appointed, jointly, by the Fraternal Order of Police and the International Brotherhood of Police 1
230+Officers. In selecting officers to serve as chairpersons of hearing committees under this chapter, 2
231+the presiding justice shall alternate between the two (2) lists so provided. The justice or judge 3
232+appointed pursuant to §§ 42-28.6-1 and 42-28.6-4 shall serve as chairperson. 4
233+(i) Whenever a law enforcement officer faces disciplinary action as a result of criminal 5
234+charges, the provisions of subsections (c), (d), (e) and (f) shall be suspended pending the 6
235+adjudication of said criminal charges. 7
236+42-28.6-5. Conduct of hearing. 8
237+(a) The hearing shall be conducted by the hearing committee selected in accordance with 9
238+§ 42-28.6-4 of this chapter. Both the law enforcement agency and the accused law enforcement 10
239+officer shall be given ample opportunity to present evidence and argument with respect to the issues 11
240+involved. Both may be represented by counsel. 12
241+(b) The hearing shall be convened at the call of the chair; shall commence within thirty 13
242+(30) days after the selection of a chairperson of the hearing committee; and shall be completed 14
243+within sixty (60) days of the commencement of the hearing. The hearing committee shall render a 15
244+written decision within thirty (30) days after the conclusion of the hearing. The time limits 16
245+established in this subsection may be extended by the presiding justice of the superior court 17
246+chairperson for good cause shown. 18
247+(c) Not less than ten (10) days prior to the first hearing date, the charging law enforcement 19
248+agency shall provide to the accused law enforcement officer: 20
249+(i) A list of all witnesses, known to the agency at that time, to be called by the agency to 21
250+testify at the hearing; 22
251+(ii) Copies of all written and/or recorded statements by such witnesses in the possession of 23
252+the agency; and 24
253+(iii) A list of all documents and other items to be offered as evidence at the hearing. 25
254+(d) Not less than five (5) days prior to the first hearing date, the accused law enforcement 26
255+officer shall provide to the charging law enforcement agency a list of all witnesses, known to the 27
256+officer at that time, to be called by the officer to testify at the hearing. 28
257+(e) Failure by either party to comply with the provisions of subsections (c) and (d) of this 29
258+section shall result in the exclusion from the record of the hearing of testimony and/or evidence not 30
259+timely disclosed in accordance with those subsections. If the charging agency or the accused law 31
260+enforcement officer fails to comply with the provisions of subsections (c) or (d) of this section, 32
261+then, upon the request of the other party, the chairperson shall consider the following factors in 33
262+assessing a discretionary sanction, if any: 34
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266-section are: exclusion of a witness from testifying; exclusion of a witness from testifying about 1
267-certain matters; and exclusion of written or recorded statements, documents, or other items from 2
268-evidence; provided, however, the chairperson shall give due deference to serving the public interest 3
269-and the interest of justice when imposing such sanctions. 4
270-42-28.6-6. Evidence at hearing — Hearing record. 5
271-(a) Evidence which possesses probative value commonly accepted by reasonable and 6
272-prudent persons in the conduct of their affairs shall be admissible and shall be given probative 7
273-effect. The hearing committee conducting the hearing shall give effect to the rules of privilege 8
274-recognized by law, and may exclude incompetent, irrelevant, immaterial, and unduly repetitious 9
275-evidence. All records and documents which any party desires to use shall be offered and made part 10
276-of the record. 11
277-(b) No statements, documents and/or other evidence and no copies of any statements, 12
278-documents and/or other evidence shall be presented to the hearing committee prior to the hearing. 13
279-(c) All proceedings before the hearing committee shall be recorded by stenographic record, 14
280-the expense of which shall be borne by the charging law enforcement agency. A copy of the record 15
281-shall be provided to the accused law enforcement officer or his or her their attorney or 16
282-representative of record upon request. 17
283-(d) The chairperson shall create an administrative record of each hearing, which shall 18
284-include the notice provided pursuant to § 42-28.6-4(b), the request for a hearing provided pursuant 19
285-to § 42-28.6-4(c), any assignments and notices to members of the committee, the record of the 20
286-hearing, the decision of the committee and any notice of appeal. Upon completion of the hearing 21
287-and notification of the decision to the accused law enforcement officer and to the charging law 22
288-enforcement agency, the chairperson shall transmit a complete and accurate copy of the 23
289-administrative record to chief justice of the Rhode Island supreme court and to the commission on 24
290-standards and training. 25
291-(e) The Rhode Island police officers commission on standards and training shall 26
292-permanently maintain the administrative record of all hearings conducted pursuant to this chapter. 27
293-42-28.6-11. Decisions of hearing committee. 28
294-(a) The hearing committee shall be empowered by majority vote to sustain, modify in 29
295-whole or in part, or reverse the complaint or charges of the investigating authority, as provided in 30
296-§ 42-28.6-4. 31
297-(b) Any decision, order, or action taken as a result of the hearing shall be in writing and 32
298-shall be accompanied by findings of fact. The findings shall consist of a concise statement upon 33
299-each issue in the case. Copies of the decision or order and accompanying findings and conclusions 34
266+(1) The reason for the non-disclosure; 1
267+(2) The extent of prejudice to the opposing party; 2
268+(3) The feasibility of rectifying that prejudice by a continuance; and 3
269+(4) Any other relevant factors. 4
270+(f) The permissible sanctions the chairperson may impose pursuant to subsection (e) of this 5
271+section are: exclusion of a witness from testifying; exclusion of a witness from testifying about 6
272+certain matters; and exclusion of written or recorded statements, documents, or other items from 7
273+evidence; provided, however, the chairperson shall give due deference to serving the public interest 8
274+and the interest of justice when imposing such sanctions. 9
275+42-28.6-6. Evidence at hearing — Hearing record. 10
276+(a) Evidence which possesses probative value commonly accepted by reasonable and 11
277+prudent persons in the conduct of their affairs shall be admissible and shall be given probative 12
278+effect. The hearing committee conducting the hearing shall give effect to the rules of privilege 13
279+recognized by law, and may exclude incompetent, irrelevant, immaterial, and unduly repetitious 14
280+evidence. All records and documents which any party desires to use shall be offered and made part 15
281+of the record. 16
282+(b) No statements, documents and/or other evidence and no copies of any statements, 17
283+documents and/or other evidence shall be presented to the hearing committee prior to the hearing. 18
284+(c) All proceedings before the hearing committee shall be recorded by stenographic record, 19
285+the expense of which shall be borne by the charging law enforcement agency. A copy of the record 20
286+shall be provided to the accused law enforcement officer or his or her their attorney or 21
287+representative of record upon request. 22
288+(d) The chairperson shall create an administrative record of each hearing, which shall 23
289+include the notice provided pursuant to § 42-28.6-4(b), the request for a hearing provided pursuant 24
290+to § 42-28.6-4(c), any assignments and notices to members of the committee, the record of the 25
291+hearing, the decision of the committee and any notice of appeal. Upon completion of the hearing 26
292+and notification of the decision to the accused law enforcement officer and to the charging law 27
293+enforcement agency, the chairperson shall transmit a complete and accurate copy of the 28
294+administrative record to the director of the department of public safety and to the commission on 29
295+standards and training. 30
296+(e) The director of the department of public safety shall permanently maintain the 31
297+administrative record of all hearings conducted pursuant to this chapter. 32
298+42-28.6-11. Decisions of hearing committee. 33
299+(a) The hearing committee shall be empowered by majority vote to sustain, modify in 34
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303-shall be delivered or mailed promptly to the accused law enforcement officer or to his or her their 1
304-attorney or representative of record and to the law enforcement agency or to its attorney or 2
305-representative of record. 3
306-(c) In any proceeding under this chapter, it shall be the burden of the charging law 4
307-enforcement agency to prove, by a fair preponderance of the evidence, that the accused law 5
308-enforcement officer is guilty of the offense(s) or violation(s) of which he or she is accused. 6
309-(d) Copies of any decision, order or action taken indicating guilt of the accused officer of 7
310-any offense or violation shall be transmitted promptly to the commission on standards and training 8
311-established pursuant to chapter 28.2 of this title, and shall be reviewed and considered with respect 9
312-to any subsequent request to the commission to approve a reinstatement, assignment, transfer or 10
313-employment of the accused law enforcement officer. 11
314-(e) The Rhode Island police officers commission on standards and training shall publish 12
315-on its website in analyzable-machine readable format a report reflecting the status of all pending 13
316-hearings in addition to any decision, order or action taken indicating guilt of the accused officer of 14
317-any offense or violation, including the name of the officer, the officer's employing agency, and the 15
318-misconduct of the officer committed or is allege to have committed. 16
319-(f) The Rhode Island police officers commission on standards and training shall report any 17
320-suspension, decision, order or action taken indicating guilt of the accused officer of any offense or 18
321-violation to the national decertification index maintained by the International Association of 19
322-Directors of Law Enforcement Standards and Training. The commission may issue regulations 20
323-identifying other similar national or regional indices to which it wishes to contribute discipline 21
324-information. In the event that the federal government establishes a nationwide decertification index, 22
325-the commission may submit information to that index. 23
326-42-28.6-13. Suspensions. 24
327-(a) The provisions of this chapter are not intended to prohibit suspensions by the chief or 25
328-the highest ranking officer of the law enforcement agency. 26
329-(b) Summary punishment of two (2) up to fourteen (14) days’ suspension without pay may 27
330-be imposed for minor violations of departmental rules and regulations. Appeals of suspension under 28
331-this subsection shall be subject to the grievance provisions of any applicable collective bargaining 29
332-agreement. 30
333-(c) Suspension may be imposed by the chief or the highest ranking sworn officer of the law 31
334-enforcement agency when the accused law enforcement officer is under investigation for a criminal 32
335-felony matter. Any suspension shall consist of the accused law enforcement officer being relieved 33
336-of duty, and he or she they shall receive all ordinary pay and benefits as he or she they would 34
303+whole or in part, or reverse the complaint or charges of the investigating authority, as provided in 1
304+§ 42-28.6-4. 2
305+(b) Any decision, order, or action taken as a result of the hearing shall be in writing and 3
306+shall be accompanied by findings of fact. The findings shall consist of a concise statement upon 4
307+each issue in the case. Copies of the decision or order and accompanying findings and conclusions 5
308+shall be delivered or mailed promptly to the accused law enforcement officer or to his or her their 6
309+attorney or representative of record and to the law enforcement agency or to its attorney or 7
310+representative of record. 8
311+(c) In any proceeding under this chapter, it shall be the burden of the charging law 9
312+enforcement agency to prove, by a fair preponderance of the evidence, that the accused law 10
313+enforcement officer is guilty of the offense(s) or violation(s) of which he or she is accused. 11
314+(d) Copies of any decision, order or action taken indicating guilt of the accused officer of 12
315+any offense or violation shall be transmitted promptly to the commission on standards and training 13
316+established pursuant to chapter 28.2 of this title, and shall be reviewed and considered with respect 14
317+to any subsequent request to the commission to approve a reinstatement, assignment, transfer or 15
318+employment of the accused law enforcement officer. 16
319+(e) The commission on standards and training shall publish on its website in analyzable-17
320+machine readable format a report reflecting the status of all pending hearings in addition to any 18
321+decision, order or action taken indicating guilt of the accused officer of any offense or violation, 19
322+including the name of the officer, the officer's employing agency, and the misconduct of the officer 20
323+committed or is allege to have committed. 21
324+(f) The commission on standards and training shall report any suspension, decision, order 22
325+or action taken indicating guilt of the accused officer of any offense or violation to the national 23
326+decertification index maintained by the International Association of Directors of Law Enforcement 24
327+Standards and Training. The commission may issue regulations identifying other similar national 25
328+or regional indices to which it wishes to contribute discipline information. In the event that the 26
329+federal government establishes a nationwide decertification index, the commission may submit 27
330+information to that index. 28
331+42-28.6-13. Suspensions. 29
332+(a) The provisions of this chapter are not intended to prohibit suspensions by the chief or 30
333+the highest ranking officer of the law enforcement agency. 31
334+(b) Summary punishment of two (2) up to fourteen (14) days’ suspension without pay may 32
335+be imposed for minor violations of departmental rules and regulations. Appeals of suspension under 33
336+this subsection shall be subject to the grievance provisions of any applicable collective bargaining 34
337337
338338
339339 LC003055/SUB A - Page 10 of 15
340-receive if he or she they were not suspended. Suspension under this subsection shall not exceed one 1
341-hundred eighty (180) days. 2
342-(d) Suspension may be imposed by the chief or highest ranking sworn officer of the law 3
343-enforcement agency when the accused law enforcement officer in under investigation for a 4
344-misdemeanor criminal matter. Any such suspension shall consist of the accused law enforcement 5
345-officer being relieved of duty, and he or she they shall receive all ordinary pay and benefits as he 6
346-or she they would receive if he or she they were not suspended. Suspension under this subsection 7
347-shall not exceed thirty (30) days; provided, however, that if an accused officer is charged with a 8
348-misdemeanor offense the chief or highest ranking sworn officer of the law enforcement agency 9
349-may continue said suspension with pay up to a total of one hundred and eighty (180) days. If the 10
350-disposition of the criminal matter does not take place within one hundred eighty (180) days of the 11
351-commencement of such suspension, the accused law enforcement officer may be suspended without 12
352-pay and benefits; provided, however, that the accused officer’s entitlement to such medical 13
353-insurance, dental insurance, disability insurance and life insurance as is available to all other 14
354-officers within the agency shall not be suspended. The accused law enforcement officer may 15
355-petition the presiding justice of the superior court for a stay of the suspension without pay, and such 16
356-stay shall be granted upon a showing that said delay in the criminal disposition was outside the 17
357-accused law enforcement officer’s control. In the event the accused law enforcement officer is 18
358-acquitted of any misdemeanor related thereto, the officer shall be forthwith reinstated and 19
359-reimbursed all salary and benefits that have not been paid during the suspension period. 20
360-(e) Suspension may be imposed by the chief or highest ranking sworn officer of the law 21
361-enforcement agency when the accused law enforcement officer is under investigation for a 22
362-noncriminal matter. Any such suspension shall consist of the accused law enforcement officer being 23
363-relieved of duty, and he or she they shall receive all ordinary pay and benefits as he or she they 24
364-would receive if he or she they were not suspended. Suspension under this subsection shall not 25
365-exceed fifteen (15) days or any other time frame established under the provisions of any applicable 26
366-collective bargaining agreement. 27
367-(f) Suspension may be imposed by the chief or highest ranking sworn officer of the law 28
368-enforcement agency upon receipt of notice or disciplinary action in accordance with § 42-28.6-4(b) 29
369-of this chapter in which termination or demotion is the recommended punishment. Any such 30
370-suspension shall consist of the accused law enforcement officer being relieved of duty, and he or 31
371-she they shall receive all ordinary pay and benefits as he or she would receive if he or she were not 32
372-so suspended. 33
373-(g) Any law enforcement officer who is charged, indicted or informed against for a felony 34
340+agreement. 1
341+(c) Suspension may be imposed by the chief or the highest ranking sworn officer of the law 2
342+enforcement agency when the accused law enforcement officer is under investigation for a criminal 3
343+felony matter. Any suspension shall consist of the accused law enforcement officer being relieved 4
344+of duty, and he or she they shall receive all ordinary pay and benefits as he or she they would 5
345+receive if he or she they were not suspended. Suspension under this subsection shall not exceed one 6
346+hundred eighty (180) days. 7
347+(d) Suspension may be imposed by the chief or highest ranking sworn officer of the law 8
348+enforcement agency when the accused law enforcement officer in under investigation for a 9
349+misdemeanor criminal matter. Any such suspension shall consist of the accused law enforcement 10
350+officer being relieved of duty, and he or she they shall receive all ordinary pay and benefits as he 11
351+or she they would receive if he or she they were not suspended. Suspension under this subsection 12
352+shall not exceed thirty (30) days; provided, however, that if an accused officer is charged with a 13
353+misdemeanor offense the chief or highest ranking sworn officer of the law enforcement agency 14
354+may continue said suspension with pay up to a total of one hundred and eighty (180) days. If the 15
355+disposition of the criminal matter does not take place within one hundred eighty (180) days of the 16
356+commencement of such suspension, the accused law enforcement officer may be suspended without 17
357+pay and benefits; provided, however, that the accused officer’s entitlement to such medical 18
358+insurance, dental insurance, disability insurance and life insurance as is available to all other 19
359+officers within the agency shall not be suspended. The accused law enforcement officer may 20
360+petition the presiding justice of the superior court for a stay of the suspension without pay, and such 21
361+stay shall be granted upon a showing that said delay in the criminal disposition was outside the 22
362+accused law enforcement officer’s control. In the event the accused law enforcement officer is 23
363+acquitted of any misdemeanor related thereto, the officer shall be forthwith reinstated and 24
364+reimbursed all salary and benefits that have not been paid during the suspension period. 25
365+(e) Suspension may be imposed by the chief or highest ranking sworn officer of the law 26
366+enforcement agency when the accused law enforcement officer is under investigation for a 27
367+noncriminal matter. Any such suspension shall consist of the accused law enforcement officer being 28
368+relieved of duty, and he or she they shall receive all ordinary pay and benefits as he or she they 29
369+would receive if he or she they were not suspended. Suspension under this subsection shall not 30
370+exceed fifteen (15) days or any other time frame established under the provisions of any applicable 31
371+collective bargaining agreement. 32
372+(f) Suspension may be imposed by the chief or highest ranking sworn officer of the law 33
373+enforcement agency upon receipt of notice or disciplinary action in accordance with § 42-28.6-4(b) 34
374374
375375
376376 LC003055/SUB A - Page 11 of 15
377-or who is convicted of and incarcerated for a misdemeanor may be suspended without pay and 1
378-benefits at the discretion of the agency or chief or highest ranking sworn officers; provided, 2
379-however, that the accused officer’s entitlement to medical insurance, dental insurance, disability 3
380-insurance and life insurance as is available to all other officers within the agency shall not be 4
381-suspended. In the event that the law enforcement officer is acquitted of any felony related thereto, 5
382-the officer shall be reinstated and reimbursed forthwith for all salary and benefits that have not been 6
383-paid during the suspension period. 7
384-(h) Any law enforcement officer who is convicted of a felony shall, pending the prosecution 8
385-of an appeal, be suspended without pay and benefits; provided, however, that the accused officer’s 9
386-entitlement to such medical insurance, dental insurance, disability insurance and life insurance as 10
387-is available to all other officers within the agency shall not be suspended. Whenever, upon appeal, 11
388-such conviction is reversed, the suspension under this subsection shall terminate and the law 12
389-enforcement officer shall forthwith be paid the salary and benefits that would have been paid to 13
390-him or her them during that period of suspension. 14
391-(i) Any law enforcement officer who pleads guilty, enters an Alford plea or no contest 15
392-pleads nolo contendere to a felony charge, even if followed by a sentence of probation, or whose 16
393-conviction of a felony has, after or in the absence of a timely appeal, become final may shall be 17
394-dismissed by the law enforcement agency and, in the event of such dismissal, other provisions of 18
395-this chapter shall not apply. A dismissal of a law enforcement officer pursuant to the provisions of 19
396-this subsection shall be immediately reported to the commission on standards and training, 20
397-established pursuant to chapter 28.2 of this title. 21
398-42-28.6-15. Exclusivity of remedy. 22
399-The remedies contained herein shall be the sole and exclusive remedies for all law 23
400-enforcement officers subject to the provisions of this chapter. Provided that no collective bargaining 24
401-agreement (CBA) or contract entered into or made effective on or after July 1, 2023 shall contain 25
402-any provision modifying, changing or contravening the provisions of this section. Any provision in 26
403-a CBA or contract modifying, changing or contravening the provisions of this section contained 27
404-within a CBA or contract entered into or made effective on or after July 1, 2023, shall be void as a 28
405-violation of public policy. 29
406-SECTION 2. Chapter 42-28.6 of the General Laws entitled "Law Enforcement Officers’ 30
407-Bill of Rights" is hereby amended by adding thereto the following sections: 31
408-42-28.6-1.1. Certified officers pool. 32
409-(a) There is hereby established a certified officers pool to be maintained by the Rhode 33
410-Island police officers commission on standards and training which shall consist of the names of 34
377+of this chapter in which termination or demotion is the recommended punishment. Any such 1
378+suspension shall consist of the accused law enforcement officer being relieved of duty, and he or 2
379+she they shall receive all ordinary pay and benefits as he or she would receive if he or she were not 3
380+so suspended. 4
381+(g) Any law enforcement officer who is charged, indicted or informed against for a felony 5
382+or who is convicted of and incarcerated for a misdemeanor may be suspended without pay and 6
383+benefits at the discretion of the agency or chief or highest ranking sworn officers; provided, 7
384+however, that the accused officer’s entitlement to medical insurance, dental insurance, disability 8
385+insurance and life insurance as is available to all other officers within the agency shall not be 9
386+suspended. In the event that the law enforcement officer is acquitted of any felony related thereto, 10
387+the officer shall be reinstated and reimbursed forthwith for all salary and benefits that have not been 11
388+paid during the suspension period. 12
389+(h) Any law enforcement officer who is convicted of a felony shall, pending the prosecution 13
390+of an appeal, be suspended without pay and benefits; provided, however, that the accused officer’s 14
391+entitlement to such medical insurance, dental insurance, disability insurance and life insurance as 15
392+is available to all other officers within the agency shall not be suspended. Whenever, upon appeal, 16
393+such conviction is reversed, the suspension under this subsection shall terminate and the law 17
394+enforcement officer shall forthwith be paid the salary and benefits that would have been paid to 18
395+him or her them during that period of suspension. 19
396+(i) Any law enforcement officer who pleads guilty, enters an Alford plea or no contest 20
397+pleads nolo contendere to a felony charge, even if followed by a sentence of probation, or whose 21
398+conviction of a felony has, after or in the absence of a timely appeal, become final may shall be 22
399+dismissed by the law enforcement agency and, in the event of such dismissal, other provisions of 23
400+this chapter shall not apply. A dismissal of a law enforcement officer pursuant to the provisions of 24
401+this subsection shall be immediately reported to the commission on standards and training, 25
402+established pursuant to chapter 28.2 of this title. 26
403+42-28.6-15. Exclusivity of remedy. 27
404+The remedies contained herein shall be the sole and exclusive remedies for all law 28
405+enforcement officers subject to the provisions of this chapter. Provided that no collective bargaining 29
406+agreement (CBA) or contract entered into or made effective on or after July 1, 2023 shall contain 30
407+any provision modifying, changing or contravening the provisions of this section. Any provision in 31
408+a CBA or contract modifying, changing or contravening the provisions of this section contained 32
409+within a CBA or contract entered into or made effective on or after July 1, 2023, shall be void as a 33
410+violation of public policy. 34
411411
412412
413413 LC003055/SUB A - Page 12 of 15
414-qualified municipal law enforcement officers submitted to the Rhode Island police officers 1
415-commission on standards and training and qualified state police officers selected pursuant to the 2
416-provisions of subsection (c) of this section. 3
417-(b) The certified officers pool shall be the exclusive eligibility source of law enforcement 4
418-officers available for appointment to a hearing committee pursuant to the provisions of this chapter. 5
419-(c) Each municipal law enforcement agency shall submit at least one but not more than 6
420-three (3) names of qualified law enforcement officers to the Rhode Island police officers 7
421-commission on standards and training. Each chief or highest ranking officer in each municipal law 8
422-enforcement agency shall consult with the labor union and/or bargaining agent for the respective 9
423-agency and mutually agree upon the officers selected for service in the certified officers pool. If 10
424-the chief or highest ranking officer of a law enforcement agency and the labor union or bargaining 11
425-agent are unable to reach an agreement on an officer for service within the certified officers pool, 12
426-then the officer being considered will be disqualified from service. 13
427-(d) Upon selection to the certified officers pool, a qualified law enforcement officer shall 14
428-remain a member of the pool until either disqualified or replaced. 15
429-(f) Any officer promoted to chief, colonel, deputy chief, lieutenant colonel or major, or 16
430-upon termination or retirement from active service, or who otherwise fails to remain a qualified 17
431-law enforcement officer as defined in § 42-28.6-1 shall be disqualified from the certified officers 18
432-pool. Upon disqualification of an officer for appointment to the pool, or annually during the month 19
433-of January, any appointing authority may name an alternative qualified law enforcement officer to 20
434-replace the officer previously named to fill the position in the pool. 21
435-42-28.6-1.2. Training in police discipline. 22
436-(a) Prior to qualification and eligibility for appointment to the certified officers pool 23
437-established pursuant to the provisions of § 42-28.6-1.1, a law enforcement officer shall successfully 24
438-complete a course(s) of training in police discipline to be developed in accordance with the 25
439-provisions of this section. 26
440-(b) The course(s) of instruction and the training shall be approved by the commission on 27
441-standards and training after consultation with the superintendent of the state police and the chief of 28
442-the Providence police department. 29
443-(c) The initial course of instruction and training shall include at a minimum six (6) hours 30
444-of instruction on the provisions of this chapter including the applicable hearing procedure pursuant 31
445-to this chapter, evidentiary standards, and standards of police conduct, including use of force and 32
446-racial and cultural bias. 33
447-(d) Upon successful completion of training, the commission on standards and training shall 34
414+SECTION 2. Chapter 42-28.6 of the General Laws entitled "Law Enforcement Officers’ 1
415+Bill of Rights" is hereby amended by adding thereto the following sections: 2
416+42-28.6-1.1. Certified officers pool. 3
417+(a) There is hereby established a certified officers pool to be maintained by the director of 4
418+the department of public safety ("director") which shall consist of the names of qualified municipal 5
419+law enforcement officers submitted to the director and qualified state police officers selected 6
420+pursuant to the provisions of subsection (c) of this section. 7
421+(b) The certified officers pool shall be the exclusive eligibility source of law enforcement 8
422+officers available for appointment to a hearing committee pursuant to the provisions of this chapter. 9
423+(c) Each municipal law enforcement agency shall submit two (2) names of qualified law 10
424+enforcement officers to the director. For each municipal agency, one qualified officer shall be 11
425+selected by the chief or highest ranking officer in the municipal law enforcement agency and the 12
426+other shall be selected by a union representative within the law enforcement agency. Two (2) 13
427+qualified state police officers shall be members of the pool. The director shall select a qualified 14
428+state police officer and the other shall be selected by a union representative of the state police. 15
429+(d) Upon selection to the certified officers pool, a qualified law enforcement officer shall 16
430+remain a member of the pool until either disqualified or replaced. 17
431+(f) Any officer promoted to chief, colonel, deputy chief, lieutenant colonel or major, or 18
432+upon termination or retirement from active service, or who otherwise fails to remain a qualified 19
433+law enforcement officer as defined in § 42-28.6-1 shall be disqualified from the certified officers 20
434+pool. Upon disqualification of an officer for appointment to the pool, or annually during the month 21
435+of January, any appointing authority may name an alternative qualified law enforcement officer to 22
436+replace the officer previously named to fill the position in the pool. 23
437+42-28.6-1.2. Training in police discipline. 24
438+(a) Prior to qualification and eligibility for appointment to the certified officers pool 25
439+established pursuant to the provisions of § 42-28.6-1.1, a law enforcement officer shall successfully 26
440+complete a course(s) of training in police discipline to be developed in accordance with the 27
441+provisions of this section. 28
442+(b) The course(s) of instruction and the training shall be approved by the commission on 29
443+standards and training after consultation with the superintendent of the state police and the chief of 30
444+the Providence police department. 31
445+(c) The initial course of instruction and training shall include at a minimum six (6) hours 32
446+of instruction on the provisions of this chapter including the applicable hearing procedure pursuant 33
447+to this chapter, evidentiary standards, and standards of police conduct, including use of force and 34
448448
449449
450450 LC003055/SUB A - Page 13 of 15
451-provide a certification to the officer, and the officer shall be eligible to serve on a hearing 1
452-committee. 2
453-(e) The commission on standards and training may require that a law enforcement officer 3
454-attend and successfully complete two (2) hours of additional training every two (2) years to 4
455-maintain current certification. 5
456-42-28.6-1.3. Conflict of interest. 6
457-(a) The accused law enforcement officer or the representative of the law enforcement 7
458-agency may challenge the appointment of any member of the hearing committee for conflict of 8
459-interest or other substantive grounds justifying disqualification of an appointment. Any challenge 9
460-shall be heard and decided solely by the retired justice or judge appointed to serve as chairperson 10
461-unless the challenge is against the chairperson and then the challenge shall be heard by the chief 11
462-justice of the supreme court. If satisfactory evidence establishes conflict of interest or other 12
463-substantive grounds justifying disqualification of an appointed member, then a different member 13
464-shall be selected in the same manner as the disqualified appointment. If the executive director of 14
465-the Nonviolence Institute is disqualified then the executive director for the Rhode Island 15
466-commission for human rights shall serve as a member. 16
467-(b) Any individual selected as a member of the hearing committee shall immediately 17
468-disclose to the chairperson any circumstance likely to give rise to reasonable doubt as to the 18
469-member's ability to render an impartial decision including, but not limited to, bias, prejudice, or 19
470-financial or personal interest in the result or outcome of the hearing. The obligation to disclose shall 20
471-remain in effect throughout the pendency of the hearing. 21
472-42-28.6-18. Reports of hearings. 22
473-(a) The director of the department of public safety shall no later than January 15, 2025, and 23
474-biennially thereafter by January 15, submit a comprehensive report to the governor, the speaker of 24
475-the house and the senate president regarding all hearings conducted pursuant to this chapter since 25
476-the effective date of this section or the filing of the previous report, whichever is later. 26
477-(b) The reports to be submitted pursuant to this section shall include the following 27
478-information for each hearing: 28
479-(1) The identity, rank, assignment, or job duties of the accused law enforcement officer 29
480-when charges were initiated pursuant to this chapter; 30
481-(2) The department or law enforcement agency employing the officer at the time charges 31
482-were initiated, including any information relative to the officer being on loan to another law 32
483-enforcement agency at the time of the alleged violation; 33
484-(3) The department or agency, rank, assignment, position or job duty of each law 34
451+racial and cultural bias. 1
452+(d) Upon successful completion of training, the commission on standards and training shall 2
453+provide a certification to the officer, and the officer shall be eligible to serve on a hearing 3
454+committee. 4
455+(e) The commission on standards and training may require that a law enforcement officer 5
456+attend and successfully complete two (2) hours of additional training every two (2) years to 6
457+maintain current certification. 7
458+42-28.6-1.3. Conflict of interest. 8
459+(a) The accused law enforcement officer or the representative of the law enforcement 9
460+agency may challenge the appointment of any member of the hearing committee for conflict of 10
461+interest or other substantive grounds justifying disqualification of an appointment. Any challenge 11
462+shall be heard and decided solely by the retired justice or judge appointed to serve as chairperson 12
463+unless the challenge is against the chairperson and then the challenge shall be heard by the chief 13
464+justice of the supreme court. If satisfactory evidence establishes conflict of interest or other 14
465+substantive grounds justifying disqualification of an appointed member, then a different member 15
466+shall be selected in the same manner as the disqualified appointment. If the executive director of 16
467+the Nonviolence Institute is disqualified then the executive director for the Rhode Island 17
468+commission for human rights shall serve as a member. 18
469+(b) Any individual selected as a member of the hearing committee shall immediately 19
470+disclose to the chairperson any circumstance likely to give rise to reasonable doubt as to the 20
471+member's ability to render an impartial decision including, but not limited to, bias, prejudice, or 21
472+financial or personal interest in the result or outcome of the hearing. The obligation to disclose shall 22
473+remain in effect throughout the pendency of the hearing. 23
474+42-28.6-18. Reports of hearings. 24
475+(a) The director of the department of public safety shall no later than January 15, 2025, and 25
476+biennially thereafter by January 15, submit a comprehensive report to the governor, the speaker of 26
477+the house and the senate president regarding all hearings conducted pursuant to this chapter since 27
478+the effective date of this section or the filing of the previous report, whichever is later. 28
479+(b) The reports to be submitted pursuant to this section shall include the following 29
480+information for each hearing: 30
481+(1) The identity, rank, assignment, or job duties of the accused law enforcement officer 31
482+when charges were initiated pursuant to this chapter; 32
483+(2) The department or law enforcement agency employing the officer at the time charges 33
484+were initiated, including any information relative to the officer being on loan to another law 34
485485
486486
487487 LC003055/SUB A - Page 14 of 15
488-enforcement officer assigned to the hearing committee; 1
489-(4) The specific charges and/or allegations brought against the accused law enforcement 2
490-officer; 3
491-(5) The finding or conclusion with respect to each charge and/or allegation; 4
492-(6) The identity of all members of the hearing committee and the vote of each member 5
493-pertaining to each charge and/or allegation; 6
494-(7) If known, whether an appeal of the hearing committee decision was filed, and the status 7
495-of any appeal; and 8
496-(8) Any other information the director deems appropriate. 9
497-SECTION 3. This act shall take effect January 1, 2024. 10
488+enforcement agency at the time of the alleged violation; 1
489+(3) The department or agency, rank, assignment, position or job duty of each law 2
490+enforcement officer assigned to the hearing committee; 3
491+(4) The specific charges and/or allegations brought against the accused law enforcement 4
492+officer; 5
493+(5) The finding or conclusion with respect to each charge and/or allegation; 6
494+(6) The identity of all members of the hearing committee and the vote of each member 7
495+pertaining to each charge and/or allegation; 8
496+(7) If known, whether an appeal of the hearing committee decision was filed, and the status 9
497+of any appeal; and 10
498+(8) Any other information the director deems appropriate. 11
499+SECTION 3. This act shall take effect January 1, 2024. 12
498500 ========
499501 LC003055/SUB A
500502 ========
501503
502504
503505 LC003055/SUB A - Page 15 of 15
504506 EXPLANATION
505507 BY THE LEGISLATIVE COUNCIL
506508 OF
507509 A N A C T
508510 RELATING TO STATE AFFAIRS AND GOVERNMENT -- LAW ENFORCEMENT
509511 OFFICERS' BILL OF RIGHTS
510512 ***
511513 This act would amend the Law Enforcement Officers' Bill of Rights ("LEOBOR") by 1
512514 expanding the number of committee members to five (5), which would include a retired judge or 2
513515 justice, three (3) law enforcement officers and the executive director of the Nonviolence Institute. 3
514516 The retired judge or justice would serve as chairperson of the committee. An administrative record 4
515517 of all hearings would be provided to the director of the department of public safety and the police 5
516518 officers commission on standards and training ("POST"). The POST would report suspensions, 6
517519 decisions, orders or actions indicating guilt to the national decertification index maintained by the 7
518520 International Association of Directors of Law Enforcement Standards and Training. Additionally, 8
519521 the period of summary punishment would be extended from two (2) days to up to fourteen (14) 9
520522 days. 10
521523 This act would take effect on January 1, 2024. 11
522524 ========
523525 LC003055/SUB A
524526 ========
527+