2021 -- S 0404

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LC000472

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT--UNLAWFUL

INTERFERENCE WITH TRAFFIC

     Introduced By: Senators Raptakis, Paolino, and Morgan

     Date Introduced: February 25, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

Conduct" is hereby amended to read as follows:

     11-45-1. Disorderly conduct.

     (a) A person commits disorderly conduct if he or she intentionally, knowingly, or

recklessly:

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

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

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

would disturb a person of average sensibilities;

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

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

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

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

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

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

procession, or gathering;

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

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

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

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

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

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

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

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

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

instituting action for any violation of this section.

     (c) Any person found guilty of the crime of disorderly conduct shall be imprisoned for a

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

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

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

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

amended by adding thereto the following section:

     11-45-3. Unlawful interference with traffic.

     (a) A person commits the crime of unlawful interference with traffic if he or she

intentionally, knowingly, or recklessly:

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

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

movement of traffic; or

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

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

highway.

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

instituting action for any violation of this section.

     (c) Any person who violates subsection (a) of this section is guilty of a felony and shall,

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

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

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

or probation.

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

upon conviction, be sentenced for a second violation, to a term of imprisonment of not less than

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

first one year of said sentence shall be ineligible for the benefit of suspension, deferral, or probation.

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

upon conviction, be sentenced for a third violation, to a term of imprisonment of not less the five

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

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

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

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

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

"unlawful interference with traffic, resulting in death" and shall, upon conviction, be sentenced to

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

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

the benefit of suspension, deferral, or probation.

     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

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

     This act would take effect upon passage.

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