2013 -- H 5685

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LC01343

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL OFFENSES -- TRESPASS AND VANDALISM

     Introduced By: Representatives Keable, Kazarian, Winfield, and Silva

     Date Introduced: February 27, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-44-4, 11-44-5, 11-44-11, 11-44-12, 11-44-16, 11-44-19, 11-44-

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21, 11-44-22, 11-44-24 and 11-44-29 of the General Laws in Chapter 11-44 entitled "Trespass

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and Vandalism" are hereby amended to read as follows:

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     11-44-4. Shooting, trapping or fishing on posted lands -- Destruction of signs. --

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Whoever shall enter upon the land of another without the owner's permission for the purpose of

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either shooting, trapping, or fishing when that land shall be conspicuously posted with clear and

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legible signs stating that shooting, trapping or fishing, as the case may be, is prohibited, or

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whoever shall remain upon the premises of another for the purpose of shooting, trapping, or

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fishing after having been forbidden to do so by the owner of the premises or the owner's

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authorized agent, or whoever shall without right mutilate, destroy, or remove any sign stating that

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shooting, trapping or fishing, as the case may be, is prohibited, shall be fined not exceeding

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twenty dollars ($20.00) one hundred dollars ($100).

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     11-44-5. Willful damage while hunting, trapping or fishing. -- Whoever shall enter

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upon land of another for the purpose of hunting, trapping or fishing, and while upon the land shall

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do any willful damage to the property of the owner of the land, shall be fined not exceeding

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twenty dollars ($20.00) one hundred dollars ($100). The owner of the property may recover from

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any person convicted of a violation of the provisions of this section, in an action of the case, twice

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the amount of the damages so sustained; and the license to pursue, hunt, and kill game in the state

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of Rhode Island during the open season issued under the provisions of chapter 13 of title 20 to

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any persons who shall thereafter be convicted of a violation of the provisions of this section shall

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be forfeited and no license shall be issued to him or her under the provisions of title 20 for a

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period of one year after that conviction.

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     11-44-11. Injury to boundary or line markers. -- Every person who shall willfully

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break down, remove, injure, obscure, or destroy any monument erected for the purpose of

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designating the boundaries of any town or city or any tract or lot of land, or any tree marked for

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that purpose, or any stake set up to mark the line or grade of any railroad, or any marker erected

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for the purpose of designating a public right-of-way to water areas of the state, shall be

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imprisoned not exceeding one year six (6) months or be fined not exceeding five hundred dollars

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($500).

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     11-44-12. Injury to public property. -- Every person who shall willfully cut or deface or

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otherwise injure any public building or fence or other property shall be fined not less than one

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hundred dollars ($100) unless the amount of damage exceeds one hundred dollars ($100). If that

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amount shall exceed one hundred dollars ($100), then he or she shall be punished by a fine which

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is not less than three (3) times the amount of the damage nor more than five hundred dollars

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($500), or imprisonment not exceeding one year six (6) months, or both, and, in addition to any

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sentence, shall be ordered to make restitution in the full amount of damage done.

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     11-44-16. Removal of gravel from or deposit of debris on Easton's Beach. -- Every

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person who shall intentionally remove any sand or any gravel for an unlawful purpose from any

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part of Easton's Beach, as defined in section 11-44-18, shall be fined twenty dollars ($20.00) one

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hundred dollars ($100) for every offense. Every person who shall deposit or leave on the beach

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any dead animal, offal, filth, rubbish, or refuse matter, shall be fined twenty dollars ($20.00) one

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hundred dollars ($100) for every offense.

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     11-44-19. Deposit of debris on Middletown beaches. -- Every person who shall deposit

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or leave on any beach in the town of Middletown, any dead animal, offal, filth, rubbish, waste, or

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refuse matter, shall be fined twenty dollars ($20.00) one hundred dollars ($100) for every offense.

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     11-44-21. Vandalizing alarms or call boxes -- False alarms. -- Whoever opens a signal

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box connected with a police, fire, or motorist aid call system for the purpose of giving or causing

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to be given a false alarm, or interferes in any way with a signal box by breaking, cutting, injuring,

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or defacing it; or, without authority, opens, tampers, or meddles with a signal box, or with any

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part or parts of it, or with the police signal wires, or with anything connected with it, or, with that

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purpose, willfully or knowingly tampers or meddles with a signal box connected with a fire signal

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system or with any part or thing connected with it, or, with that purpose, willfully or knowingly

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tampers or meddles with a motorist aid call box, or by any means gives or aids or abets in the

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giving of a false alarm of fire or emergency or falsely summons an ambulance or rescue

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apparatus, shall be subject to punishment by imprisonment for up to one year six (6) months, or

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fined not more than five hundred dollars ($500), or both. Upon conviction for any offense

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referred to in this section, the court shall, in addition to imposing a fine and/or imprisonment,

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order the offender to make restitution to the appropriate state, city, or town authority or agency

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for any expenditures necessitated by the commission of the offense.

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     11-44-22. Throwing articles at moving vehicles. -- Every person who shall willfully

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throw, shoot, or in any other manner propel a snowball or any other object at any moving motor

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or other vehicle in use upon the roads or highways of this state shall, upon conviction, be

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punished by a fine not exceeding five hundred dollars ($500), or by imprisonment not exceeding

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one year six (6) months, or both.

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     11-44-24. Blocking or obstructing public rights-of-way to water. -- Every person who

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shall obstruct or block or cause any obstruction of any public rights-of-way to water areas of the

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state shall be imprisoned not exceeding one year six (6) months or be fined not exceeding five

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hundred dollars ($500).

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     11-44-29. Willful breaking of glass. -- Every person who shall willfully break glass on

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any public highway, public property, or public building within this state shall be guilty of a

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misdemeanor and, upon conviction, shall be punished by a fine not exceeding five hundred

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dollars ($500).

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     SECTION 2. Sections 11-44-6, 11-44-8, 11-44-9, 11-44-10 and 11-44-27 of the General

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Laws in Chapter 11-44 entitled "Trespass and Vandalism" are hereby repealed.

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     11-44-6. Defacement of bank bills and notes. -- Every person who shall willfully and

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mischievously tear, cut, burn, or in any other manner damage and impair the integrity, strength, or

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usefulness for circulation of any bank bill or note issued by any corporation which is established

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as a bank in this state, or shall willfully and mischievously write, print, blot, or stamp any

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impression on a bill or note, or shall aid and abet in any of the offenses provided in this section,

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shall be imprisoned not exceeding one year nor less than one month.

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     11-44-8. Injury to or interference with water-control structures. -- Every person who

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shall willfully and maliciously break down, injure, remove, or destroy any dam, reservoir, canal,

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or trench, or any gate, flume, flash-board, or other appurtenance, or any of the wheels, mill-gear,

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or machinery of a water-mill, or willfully or wantonly, without color of right, draw off the water

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contained in a millpond, reservoir, canal, or trench, or willfully and maliciously, without color of

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right, obstruct the water of a mill-pond, reservoir, canal, or trench from flowing out of it, shall be

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imprisoned not exceeding five (5) years or be fined not exceeding two thousand dollars ($2,000).

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     11-44-9. Firing of weapon near baiting place. -- Every person who, between the first

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day of April and the first day of November in any year, shall maliciously fire any gun, musket,

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blunderbuss, or pistol, within eighty (80) rods of any baiting place, not his or her own property,

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and actually used in the proper season for the baiting and netting of wild pigeons, shall be fined

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not exceeding twenty dollars ($20.00), nor less than five dollars ($5.00).

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     11-44-10. Injurious substances on baiting places. -- Every person who shall strew or

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place any powder or brimstone or other sulfurous substance upon any baiting place not his or her

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own property, or shall burn upon that place any of those substances saturated with tar or

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turpentine, shall be fined not less than five dollars ($5.00) nor more than twenty dollars ($20.00).

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     11-44-27. Fishing from Jamestown Bridge prohibited. -- No person shall take or

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attempt to take any fish from the waters of Narragansett Bay while the person is on any part of

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the roadway, walkway, or railings of the Jamestown Bridge, except a special walkway as may be

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constructed exclusively for the purpose of fishing. Any person violating any provision of this

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section shall, upon conviction, be fined twenty-five dollars ($25.00) or imprisoned for not more

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than thirty (30) days, or both.

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     SECTION 3. This act shall take effect upon passage.

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LC01343

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- TRESPASS AND VANDALISM

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     This act would increase the amount of the specified fines contained in the applicable

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provisions of the general laws. It would also decrease the current maximum periods of

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incarceration.

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     This act would take effect upon passage.

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LC01343

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