Chapter 04-194

2004 -- S 2129 SUBSTITUTE B

Enacted 06/28/04

A N A C T

RELATING TO CRIMINAL OFFENSES -- ASSAULTS

Introduced By: Senators Polisena, Damiani, Sosnowski, Algiere, and Breene

Date Introduced: January 20, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-5 of the General Laws entitled "Assaults" is hereby amended

by adding thereto the following section:

11-5-2.2. Battery -- Criminal negligence. -- (a) When serious bodily injury, as defined

in section 11-5-2, of any person, occurs as a proximate result of criminal negligence, the person

committing the criminal negligence shall be guilty of battery and shall be deemed to have

committed a felony and shall be imprisoned not exceeding ten (10) years or fined not exceeding

ten thousand dollars ($10,000), or both.

(b) For the purposes of this section: (i) “Criminal negligence” shall mean: Conduct

which is such a departure from what would be that of an ordinary prudent or careful person in the

same circumstance as to be incompatible with a proper regard for human life or an indifference to

consequences. Criminal negligence is negligence that is aggravated, culpable or gross; (ii)

“Person” shall mean an individual or any business entity recognized by the laws of the state of

Rhode Island including, but not limited to, corporations, limited liability corporations,

partnerships or limited liability partnerships.

     SECTION 2. This act shall take effect upon passage and shall apply to actions which

occur after the date of passage.

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LC00672/SUB B

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