2021 -- H 5488

========

LC001151

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO CRIMINAL OFFENSES – GENERAL PROVISIONS

     Introduced By: Representatives Felix, Batista, Lombardi, Henries, and Morales

     Date Introduced: February 10, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-1-2 of the General Laws in Chapter 11-1 entitled "General

Provisions" is hereby amended to read as follows:

     11-1-2. Felony, misdemeanor -- Petty misdemeanor, and violation distinguished.

     Unless otherwise provided, any criminal offense which at any given time may be punished

by imprisonment for a term of more than one year, or by a fine of more than one thousand dollars

($1,000), is declared to be a felony; any criminal offense which may be punishable by imprisonment

for a term not exceeding one year three hundred and sixty-four (364) days, or by a fine of not more

than one thousand dollars ($1,000), or both, is declared to be a misdemeanor; any criminal offense

which may be punishable by imprisonment for a term not exceeding six (6) months or by a fine of

not more than five hundred dollars ($500), or both, is declared to be a petty misdemeanor; and any

offense which may be punished by only a fine of not more than five hundred dollars ($500) is

declared to be a violation.

     SECTION 2. Chapter 11-1 of the General Laws entitled "General Provisions" is hereby

amended by adding thereto the following section:

     11-1-12. Misdemeanor conviction - Term of imprisonment.

     (a) Notwithstanding any provision of the general or public laws to the contrary, whenever

the phrase "one year" or "three hundred and sixty-five (365) days" or any similar phrase appears

in any provision of this title or any other provision in reference to the definite sentence or maximum

definite sentence of imprisonment that is or may be imposed after enactment of this section, for a

misdemeanor conviction in this state, such phrase shall mean, be interpreted as, and be applied as

three hundred sixty-four (364) days.

     (b) This section shall apply to all persons who are sentenced on or after the effective date

of this section.

     (c) Nothing in this section is intended nor shall be construed to diminish or abrogate any

rights or remedies otherwise available to an individual sentenced for any offense in this state.

     SECTION 3. This act shall take effect upon passage.

========

LC001151

========

LC001151 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES – GENERAL PROVISIONS

***

     This act would reduce the maximum sentence for a misdemeanor from one year to three

hundred and sixty-four (364) days, and would apply to all persons sentenced after its effective date.

     This act would take effect upon passage.

========

LC001151

========

LC001151 - Page 3 of 3