Section 42-28.6-2 - [Effective 1/1/2025] Conduct of investigation(a) Whenever a law enforcement officer is under investigation or subjected to interrogation by a law enforcement agency, for a non-criminal matter which could lead to disciplinary action, demotion, or dismissal, the investigation or interrogation shall be conducted under the following conditions: (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when the law enforcement officer is on duty.(2) The interrogation shall take place at an office within the department previously designated for that purpose by the chief of police.(3) The accused law enforcement officer under interrogation shall be informed of the name, rank, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the officer under interrogation shall be asked by and through one interrogator.(4) No complaint against a law enforcement officer shall be brought before a hearing committee unless the complaint be duly sworn to before an official authorized to administer oaths.(5) The accused law enforcement officer under investigation shall, prior to any interrogation, be informed in writing of the nature of the complaint and of the names of all complainants.(6) Interrogation sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary.(7) Any law enforcement officer under interrogation shall not be threatened with transfer, dismissal, or disciplinary action.(8) If any law enforcement officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, they shall be completely informed of all their rights prior to the commencement of the interrogation.(9) At the request of any accused law enforcement officer under interrogation, they shall have the right to be represented by counsel of their choice who shall be present at all times during the interrogation. The interrogation shall be suspended for a reasonable time, not exceeding seven (7) days, until representation can be obtained.(10) No statute shall abridge nor shall any law enforcement agency adopt any regulation which prohibits the right of an accused law enforcement officer to bring suit arising out of their duties as a law enforcement officer.(11) No law enforcement agency shall insert any adverse material into any file of the officer unless the officer has an opportunity to review and receive a copy of the material in writing, unless the officer waives these rights in writing. (12) No law enforcement officer shall be compelled to speak or testify before, or be questioned by, any non-governmental agency.(b) A chief, or designee shall not be prohibited from releasing any video evidence consistent with the provisions of the access to public records act and the rules and regulations promulgated pursuant to chapter 161 of title 42, or from making a public statement about or concerning an incident or matter of public interest involving any law enforcement officer employed by the chief's law enforcement agency. Provided, however, a chief, or designee shall be prohibited from making a public statement about or concerning an incident or matter of public interest involving any law enforcement officer employed by the chief's law enforcement agency as it relates to summary suspensions imposed pursuant to § 42-28.6-13(I)(b). Any release of video as it relates to a summary suspension imposed pursuant to § 42-28.6-13(I)(b) shall be consistent with the provisions of the access to public records act and the rules and regulations promulgated pursuant to chapter 161 of title 42.(c) Nothing in this chapter shall be construed as prohibiting the accused law enforcement officer from making any public statement.R.I. Gen. Laws § 42-28.6-2
Amended by 2024 Pub. Laws, ch. 69,§ 2, eff. 1/1/2025.Amended by 2024 Pub. Laws, ch. 70,§ 2, eff. 1/1/2025.P.L. 1976, ch. 186, § 1; P.L. 1980, ch. 272, §1; P.L. 1995 , ch. 19, § 1.This section is set out more than once due to postponed, multiple, or conflicting amendments.