2012 -- S 2368

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LC00338

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL OFFENSES -- COMMUNITY OBLIGATIONS AND BANKING

OFFENSES --THEFT, EMBEZZLEMENT, FALSE PRETENSES, AND

MISAPPROPRIATIONS

     Introduced By: Senators Lynch, McCaffrey, DiPalma, Lanzi, and Perry

     Date Introduced: February 14, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

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($500) one thousand five hundred dollars ($1,500), the person shall be punished by imprisonment

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for not more than one year, or by a fine of not more than five hundred dollars ($500), or both.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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imprisonment.

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

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

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filing of the stop payment order.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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filing of the stop payment order.

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

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

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

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

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

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     SECTION 3. This act shall take effect upon passage.

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LC00338

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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

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

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

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

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     This act would take effect upon passage.

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LC00338

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