2015 -- H 5068 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL OFFENSES - COMPUTER CRIME

     Introduced By: Representatives Fellela, Gallison, Mattiello, Casey, and McNamara

     Date Introduced: January 14, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-52 of the General Laws entitled "Computer Crime" is hereby

amended by adding thereto the following section:

     11-52-9. Threats through electronic communications. – (a) Any person who shall use

any means of electronic communication to make any threats concerning the endangerment of any

student, students, or staff at any public or private daycare facility, preschool, school, college, or

university in the state of Rhode Island shall be guilty of making threats through electronic

communications and upon conviction shall be subject to the following:

     (1) A first conviction under this section shall be a misdemeanor, and shall be punishable

by imprisonment for a period up to one year or a fine of up to one thousand dollars ($1,000), or

both;

     (2) A second or subsequent conviction under this section shall be a felony, and shall be

punishable by imprisonment for a period of up to five (5) years or a fine of up to ten thousand

dollars ($10,000), or both; and

     (3) In addition to imprisonment and/or fines set forth in subsections (a)(1) and (a)(2) of

this section, a person convicted pursuant to the provisions of this section shall also be ordered to

make full restitution to the state, municipality and/or school, as applicable, for any emergency

response expense that is expended as a result of the threat to the student, students, or staff, which

restitution shall also include all costs associated with the response to the threat.

     (b) No minor shall be waived out of the jurisdiction of family court, including a waiver

pursuant to the provisions of chapter 1 of title 14, solely for committing an offense as set forth in

this section; provided, if the minor is waived out of family court for any other permitted reason,

then a charge under this section may also be heard in the adult proceeding.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - COMPUTER CRIME

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     This act would prohibit the use of any means of electronic communications to make any

threats concerning the endangerment of any student, students, or staff, at any public or private

daycare facility, preschool, school, college or university in the state of Rhode Island.

     This act would be a misdemeanor for a first conviction, and a felony for a second and

subsequent conviction resulting in fines and/or imprisonment and restitution to the state,

municipality and/or school. A minor would not be waived out of family court solely based on a

charge under this section.

     This act would take effect upon passage.

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