2013 -- S 0556

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LC01038

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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 -- CRIMES AGAINST THE PUBLIC TRUST

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 69

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CRIMES AGAINST THE PUBLIC TRUST

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     11-69-1. Definitions. -- (a) As used in this chapter:

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     (1) "Administrative proceeding" means any proceeding, other than a judicial proceeding,

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the outcome of which is required to be based on a record or documentation prescribed by law, or

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in which law or regulation is particularized in applications to individuals.

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     (2) "Approval" means and includes, but is not limited to, recommendation, failure to

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disapprove, or another manifestation of favor or acquiescence.

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     (3) "Benefit" means gain or advantage, or anything regarded by the beneficiary as gain or

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advantage, including benefit to any other person or entity in whose welfare he or she is interested,

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but not an advantage promised generally to a group or class of voters as a consequence of public

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measures which a candidate engages to support or oppose.

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     (4) "Disapproval" means and includes, but is not limited to, failure to approve, or any

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other manifestation of disfavor or nonacquiescence.

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     (5) "Government" means any branch, subdivision or agency of the state of Rhode Island

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or any locality within.

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     (6) "Harm" means loss, disadvantage or injury, or anything so regarded by the person

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affected, including loss, disadvantage or injury to any other person or entity in whose welfare he

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or she is interested.

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     (7) "Official proceeding" means a proceeding heard or which may be heard before any

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legislative, judicial, administrative or other governmental agency or official authorized to take

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evidence under oath, including any referee, hearing examiner, commissioner, notary or other

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person taking testimony or deposition in connection with any such proceeding;

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     (8) "Party official" means a person who holds an elective or appointive post in a political

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party in the United States by virtue of which he or she directs or conducts, or participates in

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directing or conducting party affairs at any level of responsibility.

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     (9) "Pecuniary benefit" means a benefit in the form of money, property, commercial

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interests or anything else the primary significance of which is economic gain.

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     (10) "Public servant" means:

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     (i) Any full-time or part-time employee in the classified, nonclassified and unclassified

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service of the state or of any city or town employee within the state, any individual serving in any

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appointed state or municipal position, any employee of any public or quasi-public state or

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municipal board, commission or corporation, and any contractual employee of the state or any

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city or town within the state; and

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     (ii) Any officer or member of a state or municipal agency as defined in subdivision 36-

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14-2(8) who is appointed for a term of office specified by the constitution or a statute of this state

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or a charter or ordinance of any city or town or who is appointed by or through the governing

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body or highest official of state or municipal government; and

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     (iii) Any person holding any elective public office pursuant to a general or special

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election.

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     (11) "Services" means labor, professional service, transportation, telephone or other

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public service, accommodation in hotels, restaurants or elsewhere, admission to exhibition, use of

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vehicles or other movable property. Where compensation for service is ordinarily paid

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immediately upon the rendering of such service, as in the case of hotels and restaurants, refusal to

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pay or absconding without payment or offer to pay gives rise to a presumption that the service

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was obtained by deception as to intention to pay.

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     (12) "Special influence" means power to influence though kinship, friendship or other

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relationship, apart from merits of the transaction.

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     11-69-2. Bribery in official and political matters. -- (a) It in unlawful for a public

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servant to offer, confer, agree to confer upon another, solicit, accept or agree to accept from

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another:

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     (1) Any pecuniary benefit as consideration for the recipient’s decision, opinion,

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recommendation, vote or other exercise of discretion as a public servant or party official;

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     (2) Any benefit as consideration for the recipient’s decision, vote, recommendation or

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other exercise of official discretion in a judicial or administrative proceeding; or

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     (3) Any benefit as consideration for a violation of a known legal duty as a public servant

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or party official.

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     (b) Any person convicted of a violation of this section shall be guilty of a felony and

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subject to imprisonment for up to ten (10) years or a fine of not more than ten thousand dollars

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($10,000) or both.

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     (c) It is no defense to prosecution under this section that a person whom the actor sought

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to influence was not qualified to act in the desired way whether because he or she had not yet

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assumed the office, lacked jurisdiction, or for any other reason.

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     11-69-3. Selling political endorsements -- Special influence. -- (a) It shall be unlawful

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for a public servant to:

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     (1) Solicit, receive, agree to receive, or agree that any political party or other person shall

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receive, any pecuniary benefit as consideration for approval or disapproval of an appointment or

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advancement in public service, or for approval or disapproval of any person or transaction for any

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benefit conferred by a public servant or agency of government;

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     (2) Solicit, receive or agree to receive any pecuniary benefit as consideration for exerting

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special influence upon a public servant or procuring another to do so; or

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     (3) Offer, confer or agree to confer any pecuniary benefit, receipt of which is in violation

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of this section.

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     (b) Any person convicted of a violation of this section shall be guilty of a felony and

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subject to imprisonment for up to ten (10) years or a fine of not more than ten thousand dollars

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($10,000) or both.

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     11-69-4. Speculating or wagering on official action or information. -- (a) It is

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unlawful for a public servant, in contemplation of official action by himself or herself or by a

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governmental unit with which he or she is associated, or in reliance on information to which he or

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she has access in his or her official capacity and which has not been made public, he or she:

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     (1) Acquires a pecuniary interest in any property, transaction or enterprise which may be

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affected by such information of official action;

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     (2) Speculates or wagers on the basis of such information or official action; or

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     (3) Aids another to do any of the foregoing.

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     (b) Any person convicted of a violation of this section shall be guilty of a felony and

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subject to imprisonment for up to ten (10) years or a fine of not more than ten thousand dollars

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($10,000) or both.

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     11-69-5. Theft of honest services. -- (a) A public servant commits theft of honest

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services if, having control over the disposition of services of others, to which he or she is not

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entitled, he or she knowingly diverts such services to his or her own benefit or to the benefit of

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another not entitled thereto.

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     (b) Any person convicted of a violation of this section shall be guilty of a felony and

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subject to imprisonment of up to ten (10) years or a fine of not more than one hundred fifty

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thousand dollars ($150,000) or both.

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     11-69-6. Civil damages for engaging in illegal acts. -- In addition to any criminal

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penalties, a public servant convicted of a misdemeanor or felony or attempted felony or

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misdemeanor under the laws of the United States, the state of Rhode Island or any other

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jurisdiction knowingly committed in his or her official capacity shall be liable for the restitution

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of anything of value received by him or her in the course of such violation. Action for recovery of

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amounts under this section shall be brought in the superior court of any county in which any

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element of the crime occurred. The actions shall be brought in the name of the state by the

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attorney general for the benefit and use of the state.

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     SECTION 2. Section 12-12-17 of the General Laws in Chapter 12-12 entitled

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"Indictments, Informations and Complaints" is hereby amended to read as follows:

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     12-12-17. Statute of limitations. -- (a) There shall be no statute of limitations for the

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following offenses: treason against the state, any homicide, arson, first degree arson, second

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degree arson, third degree arson, burglary, counterfeiting, forgery, robbery, rape, first degree

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sexual assault, first degree child molestation sexual assault, second degree child molestation

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sexual assault, bigamy, manufacturing, selling, distribution or possession with intent to

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manufacture, sell or distribute a controlled substance under the Uniform Controlled Substance

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Act, chapter 28 of title 21, or any other offense for which the maximum penalty provided is life

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imprisonment.

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      (b) The statute of limitations for the following offenses shall be ten (10) years: larceny

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under section 11-41-2 (receiving stolen goods), section 11-41-3 (embezzlement and fraudulent

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conversion), section 11-41-4 (obtaining property by false pretenses or personation), section 11-

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41-11 (embezzlement by bank officer or employee), section 11-41-12 (fraudulent conversion by

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agent or factor), and section 11-41-13 (obtaining signature by false pretenses), or any larceny

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which is punishable as a felony; any violation of chapter 7 of title 11 (bribery); any violation of

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section 11-18-1 (giving false document to agent, employee, or public official); perjury; any

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violation of chapter 42 of title 11 (threats and extortion); any violation of chapter 15 of title 7

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(racketeer influenced and corrupt organizations); any violation of chapter 57 of title 11 (racketeer

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violence); or any violation of chapter 36 of title 6 (antitrust law). ; any violation of section 11-41-

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27 (wrongful conversion by officer or state or municipal employee); or any violation of chapter

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69 of title 11 entitled, "Crimes Against The Public Trust."

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      (c) The statute of limitations for any other criminal offense shall be three (3) years unless

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a longer statute of limitations is otherwise provided for in the general laws.

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      (d) Any person who participates in any offense, either as a principal accessory, or

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conspirator shall be subject to the same statute of limitations as if the person had committed the

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substantive offense.

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      (e) The statute of limitations for any violation of chapter 18.9 of title 23 (refuse

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disposal), chapter 19 of title 23 (solid waste management corporation), chapter 19.1 of title 23

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(hazardous waste management), chapter 12 of title 46 (water pollution), and chapter 13 of title 46

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(public drinking water supply) shall be seven (7) years from the time that the facts constituting

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the offense or violation shall have become known to law enforcement authorities, unless a longer

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statute of limitations is otherwise provided for in the general laws.

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     SECTION 3. Section 36-10.1-2 of the General Laws in Chapter 36-10.1 entitled "Rhode

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Island Public Employee Pension Revocation and Reduction Act" is hereby amended to read as

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follows:

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     36-10.1-2. Definitions. -- (a) "Crime related to public office or public employment" shall

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mean any of the following criminal offenses:

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      (1) The committing, aiding, or abetting of an embezzlement of public funds;

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      (2) The committing, aiding, or abetting of any felonious theft by a public officer or

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employee from his or her employer;

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      (3) Bribery in connection with employment of a public officer or employee; and

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      (4) The committing of any felony by a public officer or employee who, willfully and

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with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain, or

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advantage for himself or herself or for some other person through the use or attempted use of the

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power, rights, privileges, duties, or position of his or her public office or employment position.

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      (b) "Public official" or "public employee" shall mean any current or former state or

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municipal elected official as defined in section 36-14-2(10), state or municipal appointed official

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as defined in section 36-14-2(4), and any employee of state or local government, of boards,

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commissions or agencies as defined in section 36-14-2(8)(i), (ii), who is otherwise entitled to

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receive or who is receiving retirement benefits under this title, under title 16, under title 45, under

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title 8, under chapter 30 of title 28, under chapter 43 of title 31, or under chapter 28 of title 42,

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whether that person is acting on a permanent or temporary basis and whether or not compensated

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on a full-time or part-time basis. For the purposes of this chapter, all these persons are deemed to

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be engaged in public employment.

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      (c) As used in this chapter, the phrase "pleads guilty or nolo contendere" shall not

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include any plea of nolo contendere which does not constitute a conviction by virtue of section

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12-10-12 or 12-18-3.

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      (d) For purposes of this chapter, "domestic partner" shall be defined as a person who,

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prior to the decedent's death, was in an exclusive, intimate and committed relationship with the

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decedent, and who certifies by affidavit that their relationship met the following qualifications:

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      (1) Both partners were at least eighteen (18) years of age and were mentally competent

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to contract;

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      (2) Neither partner was married to anyone else;

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      (3) Partners were not related by blood to a degree which would prohibit marriage in the

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state of Rhode Island;

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      (4) Partners resided together and had resided together for at least one year at the time of

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death; and

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      (5) Partners were financially interdependent as evidenced by at least two (2) of the

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following:

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      (i) Domestic partnership agreement or relationship contract;

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      (ii) Joint mortgage or joint ownership of primary residence;

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      (iii) Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C)

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joint credit account; (D) joint lease; and/or

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      (iv) The domestic partner had been designated as a beneficiary for the decedent's will,

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retirement contract or life insurance.

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     SECTION 4. This act shall take effect upon passage.

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LC01038

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- CRIMES AGAINST THE PUBLIC TRUST

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     This act would create a new chapter defining and punishing specific criminal offenses to

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be known as "crimes against the public trust." Further, this act would provide that public servants

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who are convicted of any felony or misdemeanor or attempted felony or misdemeanor that was

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knowingly committed by them while in their official capacity would be liable for the restitution to

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the state or municipality of anything of value received by them in the course of such violation.

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This act would also extend the statute of limitations to ten (10) years for commission of crimes

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against the public trust and would provide for the possible pension revocation or reduction for

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any job-related felony.

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     This act would take effect upon passage.

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LC01038

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