§ 9-5-10.3. Powers and authority of certified constables.
(a) No certified constable shall display any badge, emblem, or certification in the course of his or her duties except that which is issued or authorized by the department of business regulation, nor shall any certified constable misrepresent himself or herself as a law enforcement officer or peace officer.
(b) Certified constables shall have no power or authority other than to serve process and execute writs as provided by this section.
(c) The powers and authority of any constable who is presently approved to serve process by the district court shall continue in full force and effect until such time that his or her application for certification is approved in accordance with the certification process set forth in § 9-5-10.5, but in no event shall such period exceed two (2) years.
(d) No certified constable, while serving or executing any process or writ issued by or returnable to the court, is liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising directly out of his or her negligent serving or executing the process or writ except as provided in § 9-5-10.5. In the event a civil action is brought against a certified constable as the result of the performance of his or her duties, the constable is entitled to recover all costs and attorney’s fees incurred by the certified constable incidental to the civil action.
History of Section.P.L. 2015, ch. 260, § 9; P.L. 2015, ch. 275, § 9.
Structure Rhode Island General Laws
Title 9 - Courts and Civil Procedure – Procedure Generally
Chapter 9-5 - Writs, Summons and Process
Section 9-5-1. - Writs in name of state — Seal — Signature by clerk or justice.
Section 9-5-2. - Counties in which superior court writs made and returnable.
Section 9-5-3. - Facsimile signature of clerk or seal of the court.
Section 9-5-5. - Form of writs from supreme and superior courts.
Section 9-5-6. - Writs and process operating throughout state — Officers to whom directed.
Section 9-5-7. - Direction of writs for arrest or execution against the body.
Section 9-5-8. - Power of New Shoreham town sergeant — Bond.
Section 9-5-9. - Warrants for commitment to state-operated facilities.
Section 9-5-10. - Direction and return of district courts writs and summonses.
Section 9-5-10.1. - Certification of constables.
Section 9-5-10.2. - Posting of bond by certified constables.
Section 9-5-10.3. - Powers and authority of certified constables.
Section 9-5-10.4. - Renewal of certification of certified constables.
Section 9-5-10.5. - Suspension, revocation or review of certification of certified constables.
Section 9-5-10.6. - Certified constables’ board.
Section 9-5-11. - District court process returnable in any division.
Section 9-5-12, 9-5-13. - Repealed.
Section 9-5-14. - Writs of mesne process.
Section 9-5-15. - Form for writs of replevin.
Section 9-5-16, 9-5-17. - Repealed.
Section 9-5-18. - Adaptation of forms to more than one defendant.
Section 9-5-19. - Adaptation of forms not prescribed.
Section 9-5-20. - Writs and other process against unknown defendant.
Section 9-5-21. - Signature of processes in action involving clerk of court.
Section 9-5-22. - False swearing in affidavit to support writ.
Section 9-5-23. - Time of service of original writs — Writs returnable on holiday.
Section 9-5-24. - Service on Sunday void.
Section 9-5-25. - Exemption of voters from arrest.
Section 9-5-27. - Service on nonresident guardian, executor, or administrator.
Section 9-5-28. - Affidavit or admission of service on nonresident.
Section 9-5-29. - Appointment of attorney by nonresidents doing business in state.
Section 9-5-30. - Replacement of attorney for nonresident — Revocation of power.
Section 9-5-31. - Filing fee for power of attorney.
Section 9-5-32. - Notice to nonresident to appoint attorney — Agents for noncomplying persons.
Section 9-5-34. - Appointment of attorney by foreign corporations.