2013 -- S 0341

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LC00158

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL OFFENSES - DECRIMINALIZATION OF CERTAIN

OFFENSES

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 13, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-1-2.1 of the General Laws in Chapter 11-1 entitled "General

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Provisions" is hereby amended to read as follows:

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     11-1-2.1. Violations -- Effect of conviction -- Standard of proof. -- Conviction of a

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violation or a petty misdemeanor shall not give rise to any disability or legal disadvantage based

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on conviction of a criminal offense. Conviction of a violation shall be supported by evidence

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beyond a reasonable doubt.

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     SECTION 2. Section 11-41-20 of the General Laws in Chapter 11-41 entitled "Theft,

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Embezzlement, False Pretenses, and Misappropriation" is hereby amended to read as follows:

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     11-41-20. Shoplifting. -- (a) For the purpose of this section:

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      (1) "Conceal" means to place merchandise in such a manner that it is not visible through

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ordinary observation.

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      (2) "Full retail value" means the merchant's stated price of the merchandise.

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      (3) "Merchandise" means any items of tangible personal property offered for sale within

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a retail mercantile establishment.

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      (4) "Merchant" means an owner or operator of any retail mercantile establishment or any

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agent, employee, lessee, officer, or director of the owner or operator.

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      (5) "Premises of a retail mercantile establishment" includes the retail mercantile

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establishment, and common use areas in shopping centers, and all parking areas set aside by a

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merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons

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of the retail mercantile establishment.

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      (6) "Retail mercantile establishment" means any place where merchandise is displayed,

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held, stored or offered for sale to the public.

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      (7) "Shopping cart" means those push carts of the type or types which are commonly

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provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the

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public in transporting commodities on or from the premises of the retail mercantile establishment.

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      (b) Whoever shall engage in the following shall be guilty of the crime of shoplifting:

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      (1) Take possession of, carry away, transfer or cause to be carried away or transferred

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any merchandise displayed, held, stored, or offered for sale by a retail mercantile establishment

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with the intention of depriving the merchant of all or any part of the full retail value of the

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merchandise;

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      (2) Alter, transfer, or remove a label, price tag, marking, indicia of value or any other

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markings which aid in determining value affixed to any merchandise displayed, held, stored or

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offered for sale in a retail mercantile establishment and attempt to purchase or purchase the

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merchandise personally or in consort with another at less than the full retail value with the

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intention of depriving the merchant of all or any part of the full retail value of such merchandise;

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      (3) Transfer any merchandise displayed, held, stored or offered for sale in a retail

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mercantile establishment from one container to another in an attempt to purchase or purchase the

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merchandise personally or in consort with another at less than the full retail value with the

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intention of depriving the merchant of all or any part of the full retail value of the merchandise; or

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      (4) Remove a shopping cart from the premises of a retail mercantile establishment

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without the consent of the merchant given at the time of the removal with the intention of

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depriving the merchant of the possession, use, or benefit of the cart.

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      (c) The fact that a person conceals upon his person, among his or her belongings, or

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upon the person or among the belongings of another merchandise displayed, held, stored or

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offered for sale in a retail mercantile establishment, for which he or she has not paid the full retail

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value, and the merchandise has been taken beyond the area within the retail mercantile

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establishment where payment for it is to be made, shall be prima facie evidence that the person

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has possessed, carried away, or transferred the merchandise with the intention of depriving the

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merchant of all or part of the full retail value of the merchandise without paying the full retail

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value of the merchandise.

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      (d) Any person convicted of a first offense of the crime of shoplifting shall be guilty of a

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misdemeanor violation and shall be punished by a fine of not less than fifty dollars ($50.00) or

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two times the full retail value of the merchandise, whichever is greater, but not more than five

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hundred dollars ($500), or by imprisonment for not more than one year, or both; provided, that

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any person convicted of a second offense of the crime of shoplifting, shall be guilty of a

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misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or two

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(2) times the retail value of the merchandise, whichever is greater, but not more than one

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thousand dollars ($1,000); provided further that any person convicted of the crime of shoplifting

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merchandise with a retail value of over one hundred dollars ($100) who has previously been

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convicted of shoplifting shall be guilty of a felony and shall be punished by a fine of not more

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than five thousand dollars ($5,000), or by imprisonment of not more than five (5) years, or both.

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     SECTION 3. Section 11-44-26 of the General Laws in Chapter 11-44 entitled "Trespass

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and Vandalism" is hereby amended to read as follows:

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     11-44-26. Willful trespass -- Remaining on land after warning -- Exemption for

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tenants holding over. -- (a) Every person who willfully trespasses or, having no legitimate

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purpose for his or her presence, remains upon the land of another or upon the premises or

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curtilage of the domicile of any person legally entitled to the possession of that domicile, after

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having been forbidden to do so by the owner of the land or the owner's duly authorized agent or a

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person legally entitled to the possession of the premises, shall be punished by a fine not

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exceeding one thousand dollars ($1,000), or imprisonment for a term not exceeding one year, or

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both five hundred dollars ($500).

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      (b) This section shall not apply to tenants or occupants of residential premises who,

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having rightfully entered the premises at the commencement of the tenancy or occupancy, remain

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after that tenancy or occupancy has been or is alleged to have been terminated. The owner or

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landlord of the premises may recover possession only through appropriate civil proceedings.

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      (c) Where the provisions of The Domestic Violence Prevention Act, chapter 29 of title

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12, are applicable, the penalties for violation of this section shall also include the penalties as

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provided in section 12-29-5.

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     SECTION 4. Section 11-45-1 of the General Laws in Chapter 11-45 entitled "Disorderly

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Conduct" is hereby amended to read as follows:

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     11-45-1. Disorderly conduct. -- (a) A person commits disorderly conduct if he or she

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intentionally, knowingly, or recklessly:

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      (1) Engages in fighting or threatening, or in violent or tumultuous behavior;

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      (2) In a public place or near a private residence that he or she has no right to occupy,

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disturbs another person by making loud and unreasonable noise which under the circumstances

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would disturb a person of average sensibilities;

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      (3) Directs at another person in a public place offensive words which are likely to

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provoke a violent reaction on the part of the average person so addressed;

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      (4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway,

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building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group

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of the public has access or any other place ordinarily used for the passage of persons, vehicles, or

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conveyances;

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      (5) Engages in conduct which obstructs or interferes physically with a lawful meeting,

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procession, or gathering;

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      (6) Enters upon the property of another and for a lascivious purpose looks into an

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occupied dwelling or other building on the property through a window or other opening; or

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      (7) Who without the knowledge or consent of the individual, looks for a lascivious

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purpose through a window, or any other opening into an area in which another would have a

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reasonable expectation of privacy, including, but not limited to, a restroom, locker room, shower,

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changing room, dressing room, bedroom, or any other such private area, not withstanding any

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property rights the individual may have in the location in which the private area is located.

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      (8) [Deleted by P.L. 2008, ch. 183, section 1].

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      (b) Any person, including a police officer, may be a complainant for the purposes of

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instituting action for any violation of this section.

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      (c) Any person found guilty of the crime of disorderly conduct pursuant to section 11-

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45-1 (a) (6) or (7) shall be imprisoned for a term of not more than six (6) months, or fined not

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more than five hundred dollars ($500), or both. Any person found guilty of the crime of

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disorderly conduct pursuant to section 11-45-1 (a) (1), (2), (3), (4) or (5) shall be fined not more

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than five hundred dollars ($500).

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      (d) In no event shall subdivisions (a)(2) -- (5) of this section be construed to prevent

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lawful picketing or lawful demonstrations including, but not limited to, those relating to a labor

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dispute.

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     SECTION 5. Section 11-47-42 of the General Laws in Chapter 11-47 entitled "Weapons"

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is hereby amended to read as follows:

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     11-47-42. Weapons other than firearms prohibited. -- (a) (1) No person shall carry or

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possess or attempt to use against another any instrument or weapon of the kind commonly known

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as a blackjack, slingshot, billy, sandclub, sandbag, metal knuckles, slap glove, bludgeon, stun-

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gun, or the so called "Kung-Fu" weapons.

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      (2) No person shall with intent to use unlawfully against another, carry or possess a

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crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to

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cut and stab another.

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      (3) No person shall wear or carry concealed upon his person, any of the above-

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mentioned instruments or weapons, or any razor, or knife of any description having a blade of

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more than three (3) inches in length measuring from the end of the handle where the blade is

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attached to the end of the blade, or other weapon of like kind or description.

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      Any person violating the provisions of these subsections shall be punished by a fine of

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not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or

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both, and the weapon so found shall be confiscated.

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      Any person violating the provisions of these subsections while he or she is incarcerated

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within the confines of the adult correctional institutions shall be punished by a fine of not less

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than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by

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imprisonment for not less than one year nor more than five (5) years, or both, and the weapon so

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found shall be confiscated.

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      (b) No person shall sell to a person under eighteen (18) years of age, without the written

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authorization of the minor's parent or legal guardian, any stink bomb, blackjack, slingshot, bill,

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sandclub, sandbag, metal knuckles, slap glove, bludgeon, stungun, paint ball gun, so called

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"kung-fu" weapons, dagger, dirk, stiletto, sword-in-cane, bowie knife, razor, or knife of any

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description having a blade of more than three inches (3") in length as described in subsection (a)

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of this section, or any multi-pronged star with sharpened edges designed to be used as a weapon

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and commonly known as a Chinese throwing star, except that an individual who is actually

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engaged in the instruction of martial arts and licensed under section 5-43-1 may carry and possess

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any multi-pronged star with sharpened edges for the sole purpose of instructional use. Any person

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violating the provisions of this subsection shall be punished by a fine of not less than one

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thousand dollars ($1,000) nor more than three thousand dollars ($3,000), or by imprisonment for

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not less than one year nor more than five (5) years, or both, and the weapons so found shall be

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confiscated.

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     SECTION 6. Section 31-11-18 of the General Laws in Chapter 31-11 entitled

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"Suspension or Revocation of Licenses - Violations" is hereby amended to read as follows:

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     31-11-18. Driving after denial, suspension, or revocation of license. -- (a) Any person

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who drives a motor vehicle on any highway of this state who never applied for a license, or who

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drives after his or her application for a license has been refused, or after his or her license has

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expired or who otherwise drives without a license, or at a time when his or her license to operate

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is suspended, revoked, or cancelled, for reasons other than those provided for in section 31-11-

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18.1, shall be guilty of a misdemeanor violation. Any person who drives a motor vehicle after his

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or her application for a license has been refused, or at a time when his or her license to operate a

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motor vehicle is suspended, revoked, or cancelled, for reasons other than those provided for in

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section 31-11-18.1, upon a first offense shall be guilty of a petty misdemeanor and upon a second

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(2nd) or subsequent offense a misdemeanor.

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      (b) The division of motor vehicles, upon receiving a record of the conviction of any

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person upon a charge of driving a motor vehicle while the license of the person was suspended,

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shall suspend the person's license for an additional three (3) months. Upon receiving a record of

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second violation, the division of motor vehicles shall suspend the license for an additional six (6)

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months. Any subsequent conviction shall result in license revocation. Upon receiving a record of

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conviction of any person upon a charge of driving after his or her application for a license has

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been refused, or upon a charge of driving by one who never applied for a license or who

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otherwise drives without a license, or after his or her license has expired or has been revoked or

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canceled, the division of motor vehicles shall not issue a new license for an additional period of

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one year from and after the date the person would otherwise have been entitled to apply for a new

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license.

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      (c) Upon a first conviction under this section, for driving after his or her application for a

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license has been refused, or at a time when his or her license to operate a motor vehicle is

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suspended, revoked, or cancelled, for reasons other than those provided for in section 31-11-18.1,

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a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500)

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shall be imposed, and imprisonment for a term not to exceed thirty (30) days may be imposed.

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For the second and any subsequent conviction, for driving after his or her application for a license

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has been refused, or at a time when his or her license to operate a motor vehicle is suspended,

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revoked, or cancelled, for reasons other than those provided for in section 31-11-18.1, a fine of

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not less than three hundred fifty dollars ($350) nor more than one thousand dollars ($1,000) may

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be imposed and an imprisonment for up to one year may be imposed. The imposition of fines may

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be in addition to the suspension of license that may be imposed by the court.

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      (d) Notwithstanding the provisions of subsection (a) of this section, any person driving

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after his or her license has expired shall be issued a summons to appear in district court not fewer

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than ten (10) days after the issuance of the summons, and shall not be taken into custody based

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solely on this charge. Any person who shall cause his or her expired license to be reinstated by

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the division of motor vehicles within ten (10) days after issuance of the summons may present

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proof of reinstatement at the headquarters of the charging police department. Presentation of

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proof of reinstatement within ten (10) days after the issuance of the summons shall cause the

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summons to be voided and shall otherwise constitute a complete defense to the charge of driving

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after expiration of license and a bar to prosecution for that charge. Any summons or records

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relating to the summons shall be expunged pursuant to the provisions of chapter 1.3 of title 12.

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For the purposes of this subsection, each of the several state police barracks shall be considered

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as a separate police headquarters.

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     SECTION 7. This act shall take effect upon passage.

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LC00158

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES - DECRIMINALIZATION OF CERTAIN

OFFENSES

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     This act would amend several sections of the various statutes on criminal offenses in

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order to decriminalize less serious and in most cases victimless offenses. While these acts would

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no longer be categorized as crimes they are still offenses which are subject to penalties.

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     This act would take effect upon passage.

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LC00158

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