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RI House Approves Law Enforcement Bill of Rights Reforms • Rhode Island Current

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PROVIDENCE – After nearly two hours of debate and strong opposition from progressive lawmakers, the Rhode Island House of Representatives on Thursday approved bills to reform the state law that governs the process for investigating and disciplining police officers accused of misconduct.

The House voted 58-14 in favor of the bill an invoice by Vice Chairman Raymond Hull and 59-13 in favor of identical legislation sponsored by Senate President Dominick Ruggeiro which updates the controversial Law Enforcement Officers Bill of Rights (LEOBOR).

LEOBOR was passed in 1976 and protects police officers from immediate dismissal or unpaid leave if charges are filed against them. The law has been heavily criticized by social justice advocates, who say it is unfair for police to investigate internal misconduct.

Efforts to reform the law have stalled in recent years over disagreements over who would sit on an expanded five-member panel that decides any disciplinary action. Leaders of the General Assembly finally reached a compromise earlier this week.

“LEOBOR reform is long overdue and this legislation will not only provide transparency and accountability to the public, but will also help police departments across the state root out misconduct in a fair and just manner,” Hull said in a statement. Thursday.

Under existing law, officers accused of misconduct appear before a panel composed of three active or retired police officers – one chosen by the chief, one by the officer under investigation, and a third chosen by both or by a presiding judge of the Supreme Court.

The hearing panel would still consist of three officers under Hull and Ruggerio’s legislation, but they would instead be randomly selected by the Police Officers Commission on Standards and Training. The panel would also consist of a retired judge and an attorney “selected in consultation with the Supreme Court’s Committee on Racial and Ethnic Justice.”

The amended legislation also lifts the ban preventing police chiefs from making public statements on cases in which a LEOBOR hearing has not yet taken place or from releasing video evidence.

Both bills allow police chiefs to suspend officers for longer periods of time: five days for those accused of minor violations and 14 days for those facing more serious charges, such as excessive force or misdemeanors. The suspension without pay will now last two days before the right to a LEOBOR hearing kicks in.

House Judiciary Chairman Robert Craven, a North Kingstown Democrat, called the changes “a major improvement” over what is currently on the books.

“This legislation is the result of a collective, productive and researched compromise,” Craven said. “That is the mission of this body – this House. I believe deep down that this is the answer to police misconduct.”

Progressive lawmakers praised the General Assembly’s leadership for the work it took to craft the legislation, but said they felt it did not go far enough.

“Within this bill, we still allow those special privileges that an officer can exercise regarding avoiding responsibility,” said Rep. David Morales, a Democrat from Providence.

Representative Teresa Tanzi (right) speaks out against the General Assembly’s LEOBOR reform proposals in the House of Representatives on Thursday, May 9, 2024. Tanzi said the bills move Rhode Island three steps forward, but “we still have 97 steps to go.” To her left sits Rep. Leonela Felix, a Democrat from Pawtucket. (Alexander Castro/Rhode Island Current)

Progressive lawmakers wanted chiefs to have the ability to immediately fire an officer for violating the law. Craven told lawmakers that officers charged with a crime under the compromise legislation can only serve an immediate suspension and still have access to medical benefits.

Rep. José Batista, a Democrat from Providence, proposed an amendment during debate in the House of Representatives to give police chiefs the ability to immediately fire an officer who has used deadly force in violation of departmental rules.

Batista said the Minneapolis Police Department took advantage of such a provision when it promptly fired white officer Derek Chauvin for the killing of George Floyd, a Black man, in May 2020. Under the terms of the bill passed by the House on Tuesday Deputies assumed, progressives said an officer like Chauvin should not be immediately terminated in Rhode Island.

But many lawmakers told Batista and other progressives that the amendment, if passed, would be unconstitutional.

“Folks, there is a supremacy clause in the Constitution,” said Rep. Matthew Dawson, a Democrat from East Providence. “We have to respect the laws of the federal government – ​​there’s also the 14th Amendment, people have the right to due process.

“There is also the Fifth Amendment in the real Bill of Rights,” he continued.

Batista responded that under his amendment, police chiefs would still have to follow state labor laws and give officers a chance to defend themselves.

“That all still applies — that’s due process,” Batista said.

Progressives and members of the Rhode Island Black, Latino, Indigenous, Asian-American and Pacific Islander Caucus initially called for LEOBOR hearings to be held concurrently with a criminal trial, but Batista said they wanted to limit their demands to “be more effective.” ”

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The caucus held a press conference just before Thursday’s vote where members said they would not “support change just for change’s sake.”

The House ultimately voted 47-25 to table Batista’s amendment.

After the amendment failed, Black Lives Matter Rhode Island PAC director Harrison Tuttle issued a statement expressing “extreme disappointment” to lawmakers.

“Despite the terrifying potential of a police officer wrongfully killing a citizen, a Democrat in the Rhode Island House of Representatives has signaled by their actions by a large margin that they do not value the lives of Rhode Islanders at a cost of ensuring that police in this state are protected under LEOBOR,” Tuttle said.

Rhode Island Attorney General Peter Neronha commended the House for passing LEOBOR reform.

“This legislation will help law enforcement better serve their communities and hold accountable those who betray the public trust,” Neronha said in a statement. “While there is undoubtedly still work to be done, I applaud the General Assembly, community members, law enforcement agencies and others who have contributed to this important effort to improve policing in Rhode Island.”

Hull’s bill now goes to the Senate Judiciary Committee for consideration. Ruggerio’s bill, which received Senate approval at the end of January, will likely be presented to the full House again next week.

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