2002 -- H 6898

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LC01033

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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 OFFENSES -- GRAVES AND CORPSES

     

     

     Introduced By: Representatives Barr, and E Coderre

     Date Introduced: January 23, 2002

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-20-2 of the General Laws in Chapter 11-20 entitled "Graves and

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Corpses" is hereby amended to read as follows:

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     11-20-2. Desecration of grave – (a) Every person who willfully and maliciously

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destroys, mutilates, defaces, covers over, injures, or removes any tomb, monument, gravestone,

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American flag, or other structure or thing placed or designed for a memorial of the dead, or any

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fence, railing, curb, or other thing intended for the protection or for the ornament of any tomb,

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monument, gravestone, or other structure of that character designed for these purposes, or of any

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enclosure for the sepulture of the dead, or dig or plow up, cultivate or build upon or within any

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enclosure or plot of ground used and occupied for the sepulture of the dead, or commits any

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nuisance there, or wantonly disturbs, removes, or in any way desecrates the contents of any grave

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in any enclosure or plot of ground, is guilty of a felony and shall be imprisoned for not less than

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one year and for not more than three (3) five (5) years, be fined not more than three thousand

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dollars ($3,000), a minimum of ten thousand dollars ($10,000), or both.

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     (b) The court shall direct that any fine collected as a result of a conviction of a violation

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of this section be applied to repair the desecrated tomb, monument, American flag, or other

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structure. After said repairs are completed, remaining funds, if any, shall be applied to the repair

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of other vandalized monuments within the same graveyard or cemetery. If any funds then remain,

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said funds shall be applied to the repair of vandalism of other graveyards and/or cemeteries

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within the same municipality of the original offense.

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     SECTION 2. Section 11-44-31 of the General Laws in Chapter 11-44 entitled "Trespass

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and Vandalism" is hereby amended to read as follows:

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     11-44-31. Desecration of places of public assemblage -- Every person who willfully

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and maliciously, or mischievously, injures or destroys or writes upon, paints, or otherwise

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damages or defaces any of the buildings or property described in the subdivisions of this section

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is guilty of a felony, and upon conviction shall be fined not more than ten thousand dollars

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($10,000), or imprisoned for not more than five (5) years, or both.

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      (1) Any church, synagogue, or other building, structure, or place used for religious

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worship or other religious purpose;

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      (2) Any cemetery, mortuary, or other facility used for the purpose of burial or

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memorializing the dead;

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      (3) Any building used for educational purposes or as a community meeting place and

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which is owned by an organization exempt from taxation under section 501 of the United States

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Internal Revenue Code of 1954 (26 U.S.C. section 501), as amended;

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      (4) Any public building owned and/or operated by the government of the United States

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or by the government of this state or its political subdivisions;

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      (5) The grounds adjacent to and owned or rented by any institution, facility, building,

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structure, or place described in subdivisions (1), (2), (3), or (4) of this section; or

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      (6) Any personal property contained in any institution, facility, building, structure, or

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place described in subdivisions (1), (2), (3), (4), or (5) of this section.

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     However, any person convicted of violating this section with respect to any cemetery,

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mortuary or other facility used for the purpose of burial or memorializing the dead shall be guilty

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of a felony and shall be punished by imprisonment of not less than one (1) year and not exceeding

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five (5) years or a fine of a minimum of ten thousand dollars ($10,000), or both. In the case of

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conviction for vandalism of a cemetery, mortuary or other facility used for the purpose of burial

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or memorializing the dead, the court shall direct that any fine collected as a result of said

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conviction shall be applied to repair the vandalism committed by the violator. After said repairs

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are complete, remaining funds, if any, shall be applied to the repair of other acts of vandalism

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committed within the same cemetery. If any funds then remain, said funds shall be applied to the

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repair of vandalism of other cemeteries within the same municipality as the original offense.

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     SECTION 3. This act shall take effect upon passage.

     

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LC01033

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- GRAVES AND CORPSES

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     This act would make acts of vandalism to cemeteries and graveyards a felony punishable

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by up to five (5) years imprisonment and a minimum fine of ten thousand dollars ($10,000), or

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both. This act would provide that fines be applied to repair the act of vandalism, with any surplus

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to be applied to acts of vandalism within the same cemetery and then to other cemeteries within

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the same municipality as the original offense.

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     This act would take effect upon passage.

     

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LC01033

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H6898