2022 -- H 7308

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LC003361

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL OFFENSES-DISORDERLY CONDUCT

     

     Introduced By: Representatives Noret, Casimiro, Corvese, Bennett, Craven, Shanley,
Vella-Wilkinson, Knight, Kazarian, and McNamara

     Date Introduced: February 02, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 11-11 of the General Laws entitled "Disorderly Conduct" is hereby

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amended by adding thereto the following sections:

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     11-11-8. Definitions.

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     As used in this chapter:

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     (1) "Civil, social, and fraternal association" means any group not organized for profit, but

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operated exclusively for the benefit of its members, promotion of the common good and the social

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welfare of the community as a whole.

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     (2) "Educational institution" means any pre-school, elementary school, secondary school,

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college or university or any property owned or utilized by the institution.

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     (3) "Mass violence" means physical injury that a reasonable person could conclude would

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lead to permanent physical or emotional injury or death to two (2) or more people.

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     (4) "Religious institution" means any church, chapel, synagogue, temple, meeting house,

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mosque or other building regularly used and identified as a place for religious worship, or property

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utilized by the institution.

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     11-11-9. Threats prohibited.

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     (a) Any person who, by means of communication to any person or group of persons,

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threatens to commit an act of mass violence at an educational institution, religious institution, or at

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any activity sponsored by the institution, as well as any civic, social or fraternal association or any

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activity sponsored by the association, shall be guilty of a misdemeanor.

 

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     (b) Any person convicted of violating subsection (a) of this section may be punished by a

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term of imprisonment of up to one year, and/or ordered to pay restitution, costs and consequential

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damages resulting from the disruption of the normal activity that would have occurred on the

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premises but for the threat.

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     11-11-10. False reports prohibited.

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     (a) Any person who, by means of communication to any person or groups of persons,

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makes a report, knowing or having reason to know the report is false, that an act of mass violence

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is going to occur at an educational or religious institution, civic, social or fraternal association or at

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any activity sponsored by the institution or association, shall be guilty of a misdemeanor.

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     (b) Any person convicted of violating subsection (a) of this section may be punished by a

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term of imprisonment of up to one year, and/or ordered to pay restitution, costs and consequential

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damages resulting from the disruption of the normal activity that would have occurred on the

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premises but for the false report.

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     11-11-11. Bail and pretrial release.

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     (a) In all cases in which a defendant is charged with communication of a threat or false

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report as defined in ยงยง 11-11-8 through 11-11-10, the court shall direct the department of probation

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to provide a report about the defendant outlining his or her criminal history, community ties, work

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history, psychological history, if available, and any other relevant information the court may

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consider in setting conditions of release.

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     (b) Upon a determination that immediate release would pose a danger to the community or

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injury to any person, including the defendant, the court may order the defendant remain in custody

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for a reasonable period of time, but in no event longer than forty-eight (48) hours, until reasonable

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release conditions, that would keep the community safe, are imposed. The court may impose any

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reasonable conditions including, but not limited to:

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     (1) A no trespass order for any educational or religious institution;

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     (2) A mental health assessment; and

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     (3) Substance abuse counseling.

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     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-DISORDERLY CONDUCT

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     This act would make threats of mass violence and false reports of threats to any educational,

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religious institution, social, civic or fraternal associations a misdemeanor and would allow the court

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to set reasonable conditions of release of the defendant in order to ensure the safety of the

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community.

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     This act would take effect upon passage.

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