2010 -- H 7925

=======

LC02188

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2010

____________

A N A C T

RELATING TO CRIMINAL OFFENSES -- COMMUNITY OBLIGATIONS AND BANKING

OFFENSES -- THEFT, EMBEZZLEMENT, FALSE PRETENSES, AND

MISAPPROPRIATIONS

     Introduced By: Representatives Almeida, Carnevale, Williams, and Diaz

     Date Introduced: March 17, 2010

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 11-41-5 of the General Laws in Chapter 11-41 entitled "Theft,

1-2

Embezzlement, False Pretenses, and Misappropriation" is hereby amended to read as follows:

1-3

     11-41-5. Penalties for larceny. -- (a) Any person convicted of any offense under sections

1-4

11-41-1 -- 11-41-6, except section 11-41-3, if the value of the property or money stolen, received,

1-5

embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false

1-6

pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert exceeds

1-7

five hundred dollars ($500) one thousand five hundred dollars ($1,500), or if the property is a

1-8

firearm as defined in section 11-47-5.1, regardless of its value, shall be punished by

1-9

imprisonment for not more than ten (10) years or by a fine of not more than five thousand dollars

1-10

($5,000), or both. If the value of the property or money does not exceed five hundred dollars

1-11

($500), the person shall be punished by imprisonment for not more than one year, or by a fine of

1-12

not more than five hundred dollars ($500) one thousand five hundred dollars ($1,500), or both.

1-13

Any person convicted of an offense under section 11-41-2 who shall be found to have knowingly

1-14

obtained the property from a person under eighteen (18) years of age, notwithstanding the value

1-15

of the property, shall be punished by imprisonment for not more than ten (10) years or by a fine

1-16

of not more than five thousand dollars ($5,000), or both.

1-17

      (b) Any person convicted of an offense in violation of sections 11-41-1 -- 11-41-7,

1-18

except section 11-41-3, which involves a victim who is a person sixty-five (65) years of age or

2-1

older at the time of the offense and which involves property or money stolen, received,

2-2

embezzled, fraudulently appropriated, converted, or obtained, received, taken, or secreted by false

2-3

pretenses or otherwise with intent to cheat, defraud, embezzle, or fraudulently convert, with a

2-4

value in excess of five hundred dollars ($500), shall be punished by imprisonment for not less

2-5

than two (2) years but not more than fifteen (15) years or by a fine of not more than five thousand

2-6

dollars ($5,000), or both. If the value of the property or money does not exceed five hundred

2-7

dollars ($500), the person shall be punished by imprisonment for not less than one year but not

2-8

more than five (5) years or by a fine of not more than three thousand dollars ($3,000), or both.

2-9

     SECTION 2. Sections 19-9-24 and 19-9-25 of the General Laws in Chapter 19-9 entitled

2-10

"Community Obligations and Banking Offenses" are hereby amended to read as follows:

2-11

     19-9-24. Fraudulent checks -- Small amounts. -- (a) Any person who purchases any

2-12

goods, materials, or services, makes payment for that purchase by check, draft, or order for

2-13

payment of money, and takes possession of the goods or materials, or has the benefit of the

2-14

service, and who subsequently orders payment stopped on the check, draft, or order for payment,

2-15

or who, with intent to defraud, makes, draws, utters, or delivers any check, draft, or order for the

2-16

payment of money, in an amount not exceeding one thousand dollars ($1,000) one thousand five

2-17

hundred dollars ($1,500), upon any regulated institution or other depository, knowing at the time

2-18

of making, drawing, uttering, or delivering that the maker or drawer has not sufficient funds in, or

2-19

credit with, that regulated institution or other depository for the payment of that check, draft, or

2-20

order, in full, upon its presentation, shall, upon conviction, be fined not more than five hundred

2-21

dollars ($500) or be imprisoned not exceeding one year, or may be subjected to both fine and

2-22

imprisonment.

2-23

      (b) With regard to the purchase of any goods or materials, it shall not be in violation of

2-24

this section if goods or materials are returned to the vendor within three (3) business days of the

2-25

filing of the stop payment order.

2-26

      (c) The word "credit" means an arrangement or understanding with the regulated

2-27

institution or other depository, for the payment of the check, draft, or order.

2-28

      (d) Any person violating any of these provisions may be prosecuted and proceeded

2-29

against in any judicial district or in any county in which the offense was committed, or in which

2-30

the check, draft, or order was uttered or delivered.

2-31

     19-9-25. Fraudulent checks -- Large amounts. -- (a) Any person who purchases any

2-32

goods, materials, or services, pays for that purchase by check, draft, or order for payment of

2-33

money, and takes possession of the item, and who subsequently orders payment stopped on the

2-34

check, draft, or order for payment, or who, with intent to defraud, makes, draws, utters, or

3-1

delivers any check, draft, or order for the payment of money, in an amount exceeding one

3-2

thousand dollars ($1,000) one thousand five hundred dollars ($1,500), upon any regulated

3-3

institution or other depository, knowing at the time of making, drawing, uttering, or delivering

3-4

that the maker or drawer has not sufficient funds in, or credit with, that regulated institution or

3-5

other depository for the payment of the check, draft, or order, in full, upon its presentation, shall,

3-6

upon conviction, be fined not more than two thousand dollars ($2,000) or be imprisoned not more

3-7

than two (2) years, or may be subjected to both fine and imprisonment.

3-8

      (b) With regard to the purchase of any goods or materials it shall not be in violation of

3-9

this section if goods or materials are returned to the vendor within three (3) business days of the

3-10

filing of the stop payment order.

3-11

      (c) The word "credit" means an arrangement or understanding with the regulated

3-12

institution or other depository for the payment of the check, draft, or order.

3-13

      (d) Any person violating any of these provisions may be prosecuted and proceeded

3-14

against in any judicial district or in any county in which the offense was committed, or in which

3-15

the check, draft, or order was uttered or delivered.

3-16

     SECTION 3. This act shall take effect upon passage.

=======

LC02188

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- COMMUNITY OBLIGATIONS AND BANKING

OFFENSES -- THEFT, EMBEZZLEMENT, FALSE PRETENSES, AND

MISAPPROPRIATIONS

***

4-1

     This act would amend the larceny and unlawful conversion provisions of the general laws

4-2

pertaining to when a crime is to be treated as a felony, by increasing the threshold amount from

4-3

five hundred dollars ($500) to one thousand five hundred dollars ($1,500).

4-4

     This act would take effect upon passage.

=======

LC02188

=======