2021 -- S 0665 | |
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LC001306 | |
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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 | |
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Introduced By: Senator Tiara T. Mack | |
Date Introduced: March 18, 2021 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 11-45-1 of the General Laws in Chapter 11-45 entitled "Disorderly |
2 | Conduct" is hereby amended to read as follows: |
3 | 11-45-1. Disorderly conduct. |
4 | (a) A person commits disorderly conduct if he or she intentionally, knowingly, or |
5 | recklessly: |
6 | (1) Engages in fighting or threatening, or in violent or tumultuous behavior; |
7 | (2) In a public place or near a private residence that he or she has no right to occupy, |
8 | disturbs another person by making loud and unreasonable noise which under the circumstances |
9 | would disturb a person of average sensibilities; |
10 | (3) Directs at another person in a public place offensive words which are likely to provoke |
11 | a violent reaction on the part of the average person so addressed; |
12 | (4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building |
13 | entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public |
14 | has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances; |
15 | (5) Engages in conduct which obstructs or interferes physically with a lawful meeting, |
16 | procession, or gathering; |
17 | (6) Enters upon the property of another and for a lascivious purpose looks into an occupied |
18 | dwelling or other building on the property through a window or other opening; or |
19 | (7) Who without the knowledge or consent of the individual, looks for a lascivious purpose |
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1 | through a window, or any other opening into an area in which another would have a reasonable |
2 | expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing |
3 | room, dressing room, bedroom, or any other such private area, not withstanding any property rights |
4 | the individual may have in the location in which the private area is located. |
5 | (8) [Deleted by P.L. 2008, ch. 183, § 1]. |
6 | (b) Any person, including a police officer, may be a complainant for the purposes of |
7 | instituting action for any violation of this section. |
8 | (c) Any person found guilty of the crime of disorderly conduct, pursuant to subsections |
9 | (a)(6) or (a)(7) of this section or, any other subsection when the provisions of the domestic violence |
10 | prevention act, chapter 29 of title 12 are applicable, shall be imprisoned for a term of not more than |
11 | six (6) months, or fined not more than five hundred dollars ($500), or both. Any person found guilty |
12 | of the crime of disorderly conduct pursuant to subsections (a)(1) through (a)(5) of this section shall |
13 | be fined no more than five hundred dollars ($500). |
14 | (d) In no event shall subdivisions (a)(2) -- (5) of this section be construed to prevent lawful |
15 | picketing or lawful demonstrations including, but not limited to, those relating to a labor dispute. |
16 | SECTION 2. Section 11-44-26 of the General Laws in Chapter 11-44 entitled "Trespass |
17 | and Vandalism" is hereby amended to read as follows: |
18 | 11-44-26. Willful trespass -- Remaining on land after warning -- Exemption for |
19 | tenants holding over. |
20 | (a) Every person who willfully trespasses or, having no legitimate purpose for his or her |
21 | presence, remains upon the land of another or upon the premises or curtilage of the domicile of any |
22 | person legally entitled to the possession of that domicile, after having been forbidden to do so by |
23 | the owner of the land or the owner's duly authorized agent or a person legally entitled to the |
24 | possession of the premises, shall be punished for a first or second conviction by a fine not exceeding |
25 | five hundred dollars ($500) and for a third or subsequent conviction by a fine not exceeding one |
26 | thousand dollars ($1,000), or imprisonment for a term not exceeding one year, or both. |
27 | (b) This section shall not apply to tenants or occupants of residential premises who, having |
28 | rightfully entered the premises at the commencement of the tenancy or occupancy, remain after |
29 | that tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord |
30 | of the premises may recover possession only through appropriate civil proceedings. |
31 | (c) Where the provisions of The Domestic Violence Prevention Act, chapter 29 of title 12, |
32 | are applicable, the penalties for violation of this section shall also include the penalties as provided |
33 | in § 12-29-5. |
34 | SECTION 3. Section 11-41-20 of the General Laws in Chapter 11-41 entitled "Theft, |
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1 | Embezzlement, False Pretenses, and Misappropriation" is hereby amended to read as follows: |
2 | 11-41-20. Shoplifting. |
3 | (a) For the purpose of this section: |
4 | (1) "Conceal" means to place merchandise in such a manner that it is not visible through |
5 | ordinary observation. |
6 | (2) "Full retail value" means the merchant's stated price of the merchandise. |
7 | (3) "Merchandise" means any items of tangible personal property offered for sale within a |
8 | retail mercantile establishment. |
9 | (4) "Merchant" means an owner or operator of any retail mercantile establishment or any |
10 | agent, employee, lessee, officer, or director of the owner or operator. |
11 | (5) "Premises of a retail mercantile establishment" includes the retail mercantile |
12 | establishment, and common use areas in shopping centers, and all parking areas set aside by a |
13 | merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons |
14 | of the retail mercantile establishment. |
15 | (6) "Retail mercantile establishment" means any place where merchandise is displayed, |
16 | held, stored or offered for sale to the public. |
17 | (7) "Shopping cart" means those push carts of the type or types which are commonly |
18 | provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the |
19 | public in transporting commodities on or from the premises of the retail mercantile establishment. |
20 | (b) Whoever shall engage in the following shall be guilty of the crime of shoplifting: |
21 | (1) Take possession of, carry away, transfer or cause to be carried away or transferred any |
22 | merchandise displayed, held, stored, or offered for sale by a retail mercantile establishment with |
23 | the intention of depriving the merchant of all or any part of the full retail value of the merchandise; |
24 | (2) Alter, transfer, or remove a label, price tag, marking, indicia of value or any other |
25 | markings which aid in determining value affixed to any merchandise displayed, held, stored or |
26 | offered for sale in a retail mercantile establishment and attempt to purchase or purchase the |
27 | merchandise personally or in consort with another at less than the full retail value with the intention |
28 | of depriving the merchant of all or any part of the full retail value of such merchandise; |
29 | (3) Transfer any merchandise displayed, held, stored or offered for sale in a retail |
30 | mercantile establishment from one container to another in an attempt to purchase or purchase the |
31 | merchandise personally or in consort with another at less than the full retail value with the intention |
32 | of depriving the merchant of all or any part of the full retail value of the merchandise; or |
33 | (4) Remove a shopping cart from the premises of a retail mercantile establishment without |
34 | the consent of the merchant given at the time of the removal with the intention of depriving the |
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1 | merchant of the possession, use, or benefit of the cart. |
2 | (c) The fact that a person conceals upon his person, among his or her belongings, or upon |
3 | the person or among the belongings of another merchandise displayed, held, stored or offered for |
4 | sale in a retail mercantile establishment, for which he or she has not paid the full retail value, and |
5 | the merchandise has been taken beyond the area within the retail mercantile establishment where |
6 | payment for it is to be made, shall be prima facie evidence that the person has possessed, carried |
7 | away, or transferred the merchandise with the intention of depriving the merchant of all or part of |
8 | the full retail value of the merchandise without paying the full retail value of the merchandise. |
9 | (d) Any person convicted of the crime of shoplifting, first offense, shall be guilty of a |
10 | misdemeanor violation and shall be punished by a fine of not less than fifty dollars ($50.00) or two |
11 | times the full retail value of the merchandise, whichever is greater, but not more than five hundred |
12 | dollars ($500), or by imprisonment for not more than one year, or both; provided, that any person |
13 | convicted of the crime of shoplifting, second offense, shall be guilty of a misdemeanor and shall |
14 | be punished by a fine of not less than one hundred dollars ($100) or two (2) times the retail value |
15 | of the merchandise, whichever is greater, but not more than one thousand dollars ($1000); provided, |
16 | further, that any person convicted of the crime of shoplifting merchandise with a retail value of |
17 | over one hundred dollars ($100) who has previously been convicted of shoplifting shall be guilty |
18 | of a felony and shall be punished by a fine of not more than five thousand dollars ($5,000), or by |
19 | imprisonment of not more than five (5) years, or both. |
20 | (e) Any person convicted of a crime of shoplifting, first offense, in instances of property |
21 | loss by the victim, said person shall be subject to the payment of restitution. Restitution shall be |
22 | collected and distributed by an authorized supervisory authority. |
23 | SECTION 4. Section 12-7-3 of the General Laws in Chapter 12-7 entitled "Arrest" is |
24 | hereby amended to read as follows: |
25 | 12-7-3. Arrest without warrant for misdemeanor or petty misdemeanor. |
26 | A peace officer may, without a warrant, arrest a person if the officer has reasonable cause |
27 | to believe that the person is committing or has committed a misdemeanor or a petty misdemeanor, |
28 | and the officer has reasonable ground to believe that person cannot be arrested later or may cause |
29 | injury to himself or herself or others or loss or damage to property unless immediately arrested. A |
30 | police officer may arrest an individual charged with any violation of §§ 11-45-1 and 11-44-26. |
31 | SECTION 5. 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 | |
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1 | This act would amend the penalty provisions for disorderly conduct that provide the |
2 | possibility of incarceration, with certain exceptions, and make the offense punishable by a fine of |
3 | up to five hundred dollars ($500). It would also amend the penalty provisions for willful trespass |
4 | and would make a first or second offense punishable by a fine not exceeding five hundred dollars |
5 | ($500). This act would also amend the penalty provisions for shoplifting and would make a first |
6 | offense a civil violation punishable by fines only. |
7 | This act would take effect upon passage. |
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