A N A C T
RELATING TO CRIMINAL OFFENSES -- THEFT OF HISTORIC STONE WALLS
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 11-41 of the General Laws entitled "Theft, Embezzlement, False Pretenses, and Misappropriation" is hereby amended by adding thereto the following section:
11-41-32. Theft of historic stone walls. -- This act shall be known as the Leona Kelley Act.
(a) The term "property" as defined in section 11-41-1 shall include an historic stone wall as hereinafter defined, and any person convicted of the theft of an historic stone wall, or portions thereof, shall be subject to the penalties for larceny as stated in section 11-41-5.
(b) For the purposes of this chapter, an historic stone wall shall be defined as "a vertical structure of aligned natural stone, originally constructed in the 17th, 18 th, 19th or 20th centuries, to designate a property boundary between farmsteads or to segregate agricultural activities with a single farmstead or to designate property lines." Said definition shall include new stone walls which closely approximate the appearance of adjoining stone walls with respect to coursing, stone type, joint width, construction and distribution of stones by size.
(c) Anyone convicted of the larceny of an historic stone wall, or portions thereof, or convicted of attempt to commit said larceny, shall be civilly liable to the property owner for the cost of replacing said stones and any other compensable damages related to said larceny.
(d) Any person who makes any plea to a charge under this section, or any person found guilty or convicted hereunder, may be ordered to make restitution as a part of his/her sentence and/or disposition. Such restitution shall include, but not be limited to, the value of the historic stone wall or portions thereof, the reasonable value of any labor and other materials necessary to repair and/or return the wall to the condition it was in prior to the theft, and any other reasonable expenses that, in the discretion of the sentencing judge, are necessary to do justice in disposing of the case. This section is in addition to any other sanctions a sentencing judge may impose in his/her discretion.
SECTION 2. Chapter 45-2 of the General Laws entitled "General Powers" is hereby amended by adding thereto the following section:
45-2-39.1. Theft of historic stone walls. -- (a) For the purposes of this chapter, an historic stone wall shall be defined as "a vertical structure of aligned natural stone, originally constructed in the 17th, 18th, 19th or 20th centuries, to designate a property boundary between farmsteads or to segregate agricultural activities with a single farmstead or to designate property lines." Said definition shall include new stone walls which closely approximate the appearance of adjoining stone walls with respect to coursing, stone type, joint width, construction and distribution of stones by size.
(b) Anyone convicted of the theft of historic stone wall, pursuant to section 11-41-1, or portions thereof, or convicted of attempt to commit said larceny, shall be civilly liable to the property owner for the cost of replacing said stones and any other compensable damages related to said larceny.
SECTION 3. This act shall take effect upon passage.