(a)  Employees of the department of environmental management, authorized to make arrests under the provisions of chapter 1 of Title 20, shall, in connection with the enforcement of the provisions of this chapter, be deemed officers within the meaning of § 11-32-1 and shall have the power:

(1)  To enforce all laws, rules, and regulations relating to this chapter;

(2)  To execute all warrants and search warrants for the violation of laws, rules, and regulations relating to this chapter;

(3)  To serve subpoenas issued for the trial of all offenses hereunder;

(4)  To carry firearms or other weapons, concealed or otherwise, in the course of and in performance of their duties under this chapter; and

(5)  To arrest, without warrant and on view, any person found violating any law, rule, or regulation relating to this chapter; take that person before a court having jurisdiction for trial; detain that person in custody at the expense of the state until arraignment; and to make and execute complaints within any district to the justice or clerk of the court against any person for any of the offenses enumerated under this chapter, committed within that district.

Terms Used In Rhode Island General Laws 46-22-17.1

  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b)  Employees of the department of environmental management authorized to make arrests under the provisions of § 2-12-8, shall, in connection with the enforcement of the provisions of this chapter and the rules and regulations made thereunder, have the power to arrest without a warrant any person found in the act of violating any provision of this chapter, and shall not be required to give surety for costs upon any complaint made by him or her.

History of Section.
P.L. 1965, ch. 134, § 8.