2015 -- H 5192

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LC000719

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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 - DISORDERLY CONDUCT - UNLAWFUL

INTERFERENCE WITH TRAFFIC

     

     Introduced By: Representatives Hull, Serpa, Casey, Keable, and Chippendale

     Date Introduced: January 21, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. 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, § 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 shall be imprisoned for a

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term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both.

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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 2. Chapter 11-45 of the General Laws entitled "Disorderly Conduct" is hereby

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amended by adding thereto the following section:

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     11-45-3. Unlawful interference with traffic. – (a) A person commits the crime of

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unlawful interference with traffic if he or she intentionally, knowingly, or recklessly:

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     (1) Stands, sits, kneels, or otherwise loiters on any federal or state highway under such

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circumstances that said conduct could reasonably be construed as interfering with the lawful

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movement of traffic; or

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     (2) Stands, sits, kneels, or otherwise loiters on any federal or state highway causing the

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interruption, obstruction, distraction, or delay of any motorist operating a motor vehicle upon said

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highway.

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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 who violates subsection (a) above is guilty of a felony and shall, upon

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conviction, be sentenced for a first violation of this section, to a term of imprisonment of not less

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than one year nor more than three (3) years at the adult correctional institution. Not less than the

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first sixty (60) days of said sentence shall be ineligible for the benefit of suspension, deferral, or

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probation.

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     (d) Any person who violates subsection (a) above is guilty of a felony and shall, upon

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conviction, be sentenced for a second violation of this section, to a term of imprisonment of not

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less than three (3) years nor more than five (5) years at the adult correctional institution. Not less

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than the first one year of said sentence shall be ineligible for the benefit of suspension, deferral,

 

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or probation.

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     (e) Any person who violates subsection (a) above is guilty of a felony and shall, upon

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conviction, be sentenced for a third violation of this section, to a term of imprisonment of not less

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than five (5) years nor more than ten (10) years at the adult correctional institution. Not less than

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the first two (2) years of said sentence shall be ineligible for the benefit of suspension, deferral, or

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probation.

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     (f) When the death of any person ensues as a proximate result of the interruption,

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obstruction, distraction, or delay of an emergency vehicle caused by conduct violating the

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provisions of subsection (a) above, the person violating this section shall be guilty of "unlawful

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interference with traffic, resulting in death" and shall, upon conviction, be sentenced to a term of

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imprisonment of not less than five (5) years nor more than thirty (30) years at the adult

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correctional institution. Not less than the first five (5) years of said sentence shall be ineligible for

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the benefit of suspension, deferral, or probation.

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     SECTION 3. 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 - DISORDERLY CONDUCT - UNLAWFUL

INTERFERENCE WITH TRAFFIC

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     This act would criminalize and set mandatory minimum sentences for the unlawful

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interference with traffic upon the federal and state highways of this state.

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     This act would take effect upon passage.

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