House Bill #6084 (2021)

AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- WRITS, SUMMONS AND PROCESS

Provides for minimum qualifications for court constable to include education, military, or law enforcement experience and drug and psychological screening.

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Changes since original draft

  • 2021 – H 6084
  • 2021 – H 6084 SUBSTITUTE A
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  • LC002285
  • LC002285/SUB A
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  • S TATE OF RHODE IS LAND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2021
  • ____________
  • A N A C T
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2021
  • ____________
  • A N A C T
  • RELATING TO COURTS AND CIVIL PROCEDURE – PROCEDURE GENERALLY –
  • WRITS, SUMMONS AND PROCESS
  • WRITS, SUMMONS AND PROCESS
  • Introduced By: Representatives Fellela, Serpa, and Noret
  • Date Introduced: March 03, 2021
  • Referred To: House Judiciary
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 9-5-10.1 of the General Laws in Chapter 9-5 entitled "Writs, Summons and Process"is hereby amended to read as follows:
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Section 9-5-10.1 of the General Laws in Chapter 9-5 entitled "Writs, Summons and Process" is hereby amended to read as follows:
  • 9-5-10.1. Certification of constables.
  • (a)(1) A personatleasttwenty-one (21) years of age whocomplies with the statute andthe requirements setforthin anyregulations promulgated bythe departmentof business regulation may file an application with the department requesting that the applicant be certified as a constable. Once issued by the department, suchcertification shall be effective for a period of two (2) years or until such approval is withdrawn by the department. Such certified constable shall be entitled to serve or execute writs andprocess in such capacityfor any courtof the state,anywhere in the state, subject to any terms and limitations as set forth by the court, and in such number as determined by the chief judge of the district court.
  • (a)(1) A person at least twenty-one (21) years of age who complies with the statute and the requirementsset forthinanyregulationspromulgatedbythedepartment ofbusinessregulationmay file an application with the department requesting that the applicant be certified as a constable. Once issued by the department, such certification shall be effective for a period of two (2) years or until such approval is withdrawn by the department. Such certified constable shall be entitled to serve or execute writs and process in such capacity for any court of the state, anywhere in the state, subject to any terms and limitations as set forth by the court, and in such number as determined by the chief judge of the district court.
  • (2) A person to be certified as a constable shall provide documentation and evidence satisfactory to the department of business regulations that the person possesses the specified minimum qualifications to include:
  • (i) Sixty (60) hours of earnedcredit from an accreditedcollege, university, or institution; or
  • (i) Sixty (60) hours of earned credit from an accredited college, university, or institution; or
  • (ii) Four (4) years of honorable military service; or
  • (iii) Twenty(20) years of honorable service with a local, state,or federallaw enforcement agency; and
  • (iii) Twenty (20) years of honorable service with a local, state, or federal law enforcement agency; and
  • (iv) United State citizenship; and
  • (v) Possession of a valid motor vehicle operator's license; and
  • (vi) Successfulcompletion of unlawful drug use screening; and
  • (vi) Successful completion of unlawful drug use screening; and
  • (vii) Successful completion of psychological testing approved by the department of business regulation.
  • (b) Certification process.
  • (1) Application.
  • (i) Any person seeking certification pursuant to this section shall complete an application and submit it to the department of business regulation in the form designated by the departmentfor such applications.
  • (i) Any person seeking certification pursuant to this section shall complete an application and submit it to the department of business regulation in the form designated by the department for such applications.
  • (ii) The application shall include information determined by the department to be relevant to licensure and shall include a national criminal background check.
  • (2) Referralto certified constables' board.
  • (2) Referral to certified constables' board.
  • (i) Once the applicant has provided a completed application, the department shall refer the applicant to the certified constables' board by providing a copy of the application to the board and to the chief judge of the district court.
  • (3) Training.
  • (i) Following review of the application, the board shall determine whether the applicant should be recommendedfor training bythe board tobe conductedby avolunteer training constable. If the board determines that training is appropriate, the applicant shall be assigned to a training constable who shall be a constable in good standing for a minimum of ten (10) years and who is approved by the chief judge of the district court to train prospective constables.
  • (ii) Training shall consist of a minimum of ninety (90) hours to be completed within no sooner than ninety (90) days from the date of the referralbythe board. . The departmentmaywaive the training requirement of this section for an applicant who has graduated from a certified police or law enforcementacademyandwho has a minimum of twenty (20) years of honorable service as a police or law enforcement officer.
  • (iii) Within thirty (30) days from the conclusion of training, a written report shall be submitted by the training constable tothe board with a copyto the departmentthatreflectsthe dates and times of training and comments on the aptitude of the trainee.
  • (i) Following review of the application, the board shall determine whether the applicant should berecommended for trainingbythe boardtobeconductedbya volunteer trainingconstable. If the board determines that training is appropriate, the applicant shall be assigned to a training constable who shall be a constable in good standing for a minimum of ten (10) years and who is approved by the chief judge of the district court to train prospective constables.
  • (ii) Training shall consist of a minimum of ninety (90) hours to be completed within no sooner than ninety (90) days from the date of the referral by the board. The department may waive the training requirement of this section for an applicant who has graduated from a certified police or law enforcement academy and who has a minimum of twenty (20) years of honorable service as a police or law enforcement officer.
  • (iii) Within thirty (30) days from the conclusion of training, a written report shall be submitted bythetrainingconstableto the board witha copyto the department that reflects the dates and times of training and comments on the aptitude of the trainee.
  • (iv) If the board concludes that training is not appropriate or if the report of the training constable concludes that the applicant does not have the aptitude to perform the duties of a constable, the board shall so inform the department which shall deny the application on that basis.
  • LC002285 - Page 2of 4
  • (4) Oraland written tests.
  • (i) Upon the successfulcompletion of the training period and recommendation from the training constable, within ninety (90) days, the applicant shall complete anoralexamination on the legal and practicalaspects of certified constables' duties that shall be createdand administered by the board.
  • (ii) Upon the successful completion of the oral examination, within sixty (60) days the applicant must complete a written testcreatedbythe board and approved by the chief judge of the district court that measures the applicant's knowledge of state law and court procedure.
  • (iii) If the board concludes that the applicant has not successfully passedeither the oral or written test,the boardshall soinform the department which shalldeny the application on thatbasis.
  • (5) Final review. The department shall review the application, training record, testscores, andsuch other information or documentation as required andshall determine whether the applicant shall be approved for certification and the person authorized to serve process in the state.
  • SECTION 2. This act shalltake effect upon passage.
  • (4) Oral and written tests.
  • (i) Upon the successful completion of the training period and recommendation from the training constable, within ninety (90) days, the applicant shall complete an oral examination on the legal and practical aspects of certified constables' duties that shall be created and administered by the board.
  • (ii) Upon the successful completion of the oral examination, within sixty (60) days the applicant must complete a written test created by the board and approved by the chief judge of the district court that measures the applicant's knowledge of state law and court procedure.
  • (iii) If the board concludes that the applicant has not successfully passed either the oral or written test, the board shall so inform the department which shall deny the application on that basis.
  • (5) Final review. The department shall review the application, training record, test scores, and such other information or documentation as required and shall determine whether the applicant shall be approved for certification and the person authorized to serve process in the state.
  • (c) Any person certified as a constable on the effective date of this act shall continue to be certified without complying with the certification requirements prescribed by this act.
  • SECTION 2. This act shall take effect upon passage and any person certified as a constable on the effective date of this act shall continue to be certified without complying with the certification requirements prescribed by this act.
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  • LC002285
  • LC002285/SUB A
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  • LC002285 - Page 3of 4
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO COURTS AND CIVIL PROCEDURE – PROCEDURE GENERALLY –
  • WRITS, SUMMONS AND PROCESS
  • ***
  • This act would provide for minimum qualifications for court constables to include education, military, or law enforcement experience and drug and psychological screening.
  • This act would take effect upon passage. ======== LC002285 ========
  • LC002285 - Page 4of 4
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO COURTS AND CIVIL PROCEDURE – PROCEDURE GENERALLY –
  • WRITS, SUMMONS AND PROCESS
  • ***
  • This act would provide for minimum qualifications for court constables to include education, military, or law enforcement experience and drug and psychological screening.
  • This act would take effect upon passage and any person certified as a constable on the effective date of this act shall continue to be certified without complying with the certification requirements prescribed by this act. ======== LC002285/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage In Concurrence

June 28, 2019 at 9:20pm
Yeas: 32 / Nays: 0 / Not voting: 6 / Recused: 0
Legislator Vote
Sen. Algiere NV
Sen. Archambault Y
Sen. Bell Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Coyne Y
Sen. Crowley NV
Sen. Cruz Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo NV
Sen. Goldin Y
Sen. Goodwin Y
Sen. Lawson Y
Sen. Lombardi NV
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. McKenney Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Murray Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard NV
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Satchell NV
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y
Sen. Valverde Y

Floor vote for Passage

July 01, 2021 at 9:00pm
Yeas: 34 / Nays: 2 / Not voting: 1 / Recused: 1
Legislator Vote
Sen. Acosta Y
Sen. Algiere Y
Sen. Anderson Y
Sen. Archambault Y
Sen. Bell N
Sen. Burke Y
Sen. Calkin NV
Sen. Cano Y
Sen. Ciccone Y
Sen. Coyne Y
Sen. Cruz Y
Sen. DiMario Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Kallman Y
Sen. Lawson Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Mack N
Sen. McCaffrey Y
Sen. Mendes Y
Sen. Miller Y
Sen. Morgan Y
Sen. Murray Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard R
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Seveney Y
Sen. Sosnowski Y
Sen. Valverde Y