2002 -- H 6671

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO CRIMINAL ROYALTIES

     Introduced By: Representatives Bierman, Scott, Pisaturo, Smith, and Trillo

     Date Introduced: January 09, 2002

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-25.1-2 of the General Laws in Chapter 12-25.1 entitled

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"Criminal Royalties" is hereby amended to read as follows:

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     12-25.1-2. Definitions. -- For purposes of this chapter:

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      (1) "Alleged criminally responsible person" means a person who has been indicted or

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against whom a criminal information has been proffered for the commission of a felony,

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committed within this state, which caused another person to suffer personal injury or loss of

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property, but who has not yet been either convicted or acquitted of the charge nor had the charge

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dismissed;

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      (2) "Child" means an unmarried person who is under eighteen (18) years of age and

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includes a stepchild or an adopted child;

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      (3) "Commercial exploitation" means any significant commercial exploitation by means

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of any publication, reenactment, dramatization, interview, depiction, explanation, or expression

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through any medium of communication which is undertaken for financial consideration, except

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tangential and incidental references to a crime. The term includes, but is not limited to, a movie,

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book, magazine or newspaper article, tape recording, still photograph, radio or television

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program, live presentation, or reproduction or presentation of any kind;

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      (4) "Convicted," means a person who has entered a plea of guilty or nolo contendere to a

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charge of an offense, regardless of the fine, sentence, or other punishment imposed, or who has

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been found guilty after a trial on a charge of an offense;

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      (5) "Court" means the superior court;

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      (6) "Criminally responsible person" means a person who has been convicted of a felony,

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committed within this state, who has been or adjudicated delinquent based upon acts which, if

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committed by an adult, would constitute a felony which caused another person to suffer personal

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injury or loss of property, or who has been adjudicated not guilty by reason of insanity after a trial

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on a charge of the offense, or who has voluntarily admitted the commission of the offense;

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      (7) "Dependent" means a person wholly or partially dependent on the income of the

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victim at the time of his or her death, or who would have been dependent but for the incapacity

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due to the injury from which the death resulted, and includes a child of the victim born after the

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death of the victim;

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      (8) "Pecuniary loss" includes:

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      (i) For personal injury:

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      (A) Medical expenses, including psychiatric care;

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      (B) Hospital expenses;

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      (C) Loss of past earnings; and

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      (D) Loss of future earnings because of a disability resulting from personal injury; and

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      (ii) For death:

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      (A) Funeral and burial expenses; and

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      (B) Loss of support to the dependents of the victim.

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      (iii) Any other expenses actually and necessarily incurred as a result of the personal

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injury or death;

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      (9) "Personal injury" means actual bodily harm, mental or nervous shock, or a

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pregnancy;

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      (10) "Relative" means a spouse, parent, grandparent, stepfather, stepmother, child,

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grandchild, brother, sister, half brother, half sister, and a spouse's parents; and

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      (11) "Victim" means a person who suffers personal injury or loss of property as a direct

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result of the conduct of another person in perpetration of a criminal offense.

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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 ROYALTIES

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     This act would amend the criminal royalties act to specifically include juveniles who are

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adjudicated delinquent based upon acts which if committed by an adult, would constitute a felony

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under the definition of “criminally responsible person.”

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     This act would take effect upon passage.

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