§ 12-29.1-4 Law enforcement officers– Duties and immunity. – (a) The primary duty of law enforcement officers when responding to a violentcrime against the elderly situation is to enforce the laws allegedly violatedand to protect the victim.
(b) When a law enforcement officer responds to a violentcrime against an elderly person and has probable cause to believe that a crimeof violence has been committed, the officer shall exercise arrest powerspursuant to §§ 12-7-3 and 12-7-4; provided, that the officer mayarrest and take into custody the alleged perpetrator of the crime when theofficer has probable cause to believe that the person being arrested hascommitted any of the following acts:
(i) A felonious assault;
(ii) An assault which has resulted in bodily injury to thevictim, whether or not the injury is observable by the responding officer;
(iii) Physical action which was intended to cause anotherperson reasonably to fear imminent serious bodily injury or death. "Bodilyinjury" means physical pain, illness, or an impairment of physical condition;
(iv) Violation of a protective order and the violator hasprevious knowledge of the order and the terms of the order; or
(v) Violation of a no-contact order issued pursuant to §12-29.1-5.
(2) The decision to arrest and charge a person under theprovisions of this chapter shall not:
(i) Be dependent on the specific consent of the victim;
(ii) Consider the relationship of the parties; or
(iii) Be based solely on a request by the victim.
(3) An arrest without warrant made under this section shallbe made within twenty-four (24) hours of the alleged crime.
(4) If an arrest without warrant cannot be made pursuant tothis section, the officer shall advise the victim of the right to file acriminal complaint and shall seek a warrant for arrest if there is probablecause to do so.
(c) A law enforcement officer shall not be held liable forfalse arrest in any civil action for an arrest based on probable cause or forenforcement in good faith of a court order issued pursuant to this chapter.
(d) It shall be the responsibility of the law enforcementofficer at the scene of a violent crime against the elderly to provideimmediate assistance to the victim. This assistance shall include, but not belimited to, assisting the victim to obtain medical treatment if treatment isrequired, including transportation to an emergency medical treatment facility.
§ 12-29.1-4 Law enforcement officers– Duties and immunity. – (a) The primary duty of law enforcement officers when responding to a violentcrime against the elderly situation is to enforce the laws allegedly violatedand to protect the victim.
(b) When a law enforcement officer responds to a violentcrime against an elderly person and has probable cause to believe that a crimeof violence has been committed, the officer shall exercise arrest powerspursuant to §§ 12-7-3 and 12-7-4; provided, that the officer mayarrest and take into custody the alleged perpetrator of the crime when theofficer has probable cause to believe that the person being arrested hascommitted any of the following acts:
(i) A felonious assault;
(ii) An assault which has resulted in bodily injury to thevictim, whether or not the injury is observable by the responding officer;
(iii) Physical action which was intended to cause anotherperson reasonably to fear imminent serious bodily injury or death. "Bodilyinjury" means physical pain, illness, or an impairment of physical condition;
(iv) Violation of a protective order and the violator hasprevious knowledge of the order and the terms of the order; or
(v) Violation of a no-contact order issued pursuant to §12-29.1-5.
(2) The decision to arrest and charge a person under theprovisions of this chapter shall not:
(i) Be dependent on the specific consent of the victim;
(ii) Consider the relationship of the parties; or
(iii) Be based solely on a request by the victim.
(3) An arrest without warrant made under this section shallbe made within twenty-four (24) hours of the alleged crime.
(4) If an arrest without warrant cannot be made pursuant tothis section, the officer shall advise the victim of the right to file acriminal complaint and shall seek a warrant for arrest if there is probablecause to do so.
(c) A law enforcement officer shall not be held liable forfalse arrest in any civil action for an arrest based on probable cause or forenforcement in good faith of a court order issued pursuant to this chapter.
(d) It shall be the responsibility of the law enforcementofficer at the scene of a violent crime against the elderly to provideimmediate assistance to the victim. This assistance shall include, but not belimited to, assisting the victim to obtain medical treatment if treatment isrequired, including transportation to an emergency medical treatment facility.
§ 12-29.1-4 Law enforcement officers– Duties and immunity. – (a) The primary duty of law enforcement officers when responding to a violentcrime against the elderly situation is to enforce the laws allegedly violatedand to protect the victim.
(b) When a law enforcement officer responds to a violentcrime against an elderly person and has probable cause to believe that a crimeof violence has been committed, the officer shall exercise arrest powerspursuant to §§ 12-7-3 and 12-7-4; provided, that the officer mayarrest and take into custody the alleged perpetrator of the crime when theofficer has probable cause to believe that the person being arrested hascommitted any of the following acts:
(i) A felonious assault;
(ii) An assault which has resulted in bodily injury to thevictim, whether or not the injury is observable by the responding officer;
(iii) Physical action which was intended to cause anotherperson reasonably to fear imminent serious bodily injury or death. "Bodilyinjury" means physical pain, illness, or an impairment of physical condition;
(iv) Violation of a protective order and the violator hasprevious knowledge of the order and the terms of the order; or
(v) Violation of a no-contact order issued pursuant to §12-29.1-5.
(2) The decision to arrest and charge a person under theprovisions of this chapter shall not:
(i) Be dependent on the specific consent of the victim;
(ii) Consider the relationship of the parties; or
(iii) Be based solely on a request by the victim.
(3) An arrest without warrant made under this section shallbe made within twenty-four (24) hours of the alleged crime.
(4) If an arrest without warrant cannot be made pursuant tothis section, the officer shall advise the victim of the right to file acriminal complaint and shall seek a warrant for arrest if there is probablecause to do so.
(c) A law enforcement officer shall not be held liable forfalse arrest in any civil action for an arrest based on probable cause or forenforcement in good faith of a court order issued pursuant to this chapter.
(d) It shall be the responsibility of the law enforcementofficer at the scene of a violent crime against the elderly to provideimmediate assistance to the victim. This assistance shall include, but not belimited to, assisting the victim to obtain medical treatment if treatment isrequired, including transportation to an emergency medical treatment facility.
