2023 -- H 6325

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LC002825

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- ATV HARASSMENT

     Introduced By: Representatives Lima, Cardillo, Costantino, Azzinaro, Kennedy, Vella-
Wilkinson, Noret, Shanley, Phillips, and Serpa

     Date Introduced: April 26, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 45.2

ATV HARASSMENT

     11-45.2-1. ATV Harassment.

     The concerted action of two (2) or more individuals who acting individually or collectively

each operate an unregistered or registered all-terrain vehicle (ATV), motor bike, motorcycle,

moped or other electric or gas powered two (2), three (3) or four (4) wheeled vehicle, not defined

as an automobile, in a manner to cause disruption, fear, chaos or other interruption in the orderly

use of roadways or sidewalks.

     11-45.2-2. Penalty.

     (a) Any individual or group of individuals who violate the provisions of § 11-45.2-1 shall,

for the first offense, be guilty of a misdemeanor punishable by a mandatory sentence of thirty (30)

days imprisonment and one hundred fifty (150) hours of community service picking up litter on

state and/or municipal roadways. All vehicles used in violation of this chapter shall be forfeited

and/or sold or destroyed by the arresting authority.

     (b) Any individual or group of individuals who violate the provisions of § 11-45.2-1 shall,

for the second offense and subsequent offense, be guilty of a misdemeanor punishable by a

mandatory sentence of six (6) months imprisonment and two hundred fifty (250) hours of

community service picking up litter on state and/or municipal roadways. All vehicles used in

violation of this chapter shall be forfeited and/or sold or destroyed by the arresting authority.

     (c) The mandatory sentences to be imposed pursuant to the provisions of this chapter shall

not be reduced, plea bargained, suspended, deferred nor subject to probation.

     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 OFFENSES -- ATV HARASSMENT

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     This act would define ATV harassment as an individual driving an unregistered or

registered ATV, motor bike, motorcycle, moped or other electric or gas powered in a manner to

cause disruption, fear, chaos or other interruption in the orderly use of our roadways or sidewalks.

A conviction under this chapter would be a misdemeanor and imprisonment for thirty (30) days for

a first offense, and imprisonment for six (6) months for a second and subsequent offense with a

mandatory sentence of community service picking up litter.

     This act would take effect upon passage.

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