2024 -- S 2434 | |
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LC003750 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO CRIMINAL OFFENSES -- DISORDERLY CONDUCT--UNLAWFUL | |
INTERFERENCE WITH TRAFFIC | |
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Introduced By: Senators Raptakis, Tikoian, Burke, F. Lombardi, Paolino, and E Morgan | |
Date Introduced: February 12, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 11-45-1 of the General Laws in Chapter 11-45 entitled "Disorderly |
2 | Conduct" is hereby amended to read as follows: |
3 | 11-45-1. Disorderly conduct. |
4 | (a) A person commits disorderly conduct if he or she intentionally, knowingly, or |
5 | recklessly: |
6 | (1) Engages in fighting or threatening, or in violent or tumultuous behavior; |
7 | (2) In a public place or near a private residence that he or she has no right to occupy, |
8 | disturbs another person by making loud and unreasonable noise which under the circumstances |
9 | would disturb a person of average sensibilities; |
10 | (3) Directs at another person in a public place offensive words which are likely to provoke |
11 | a violent reaction on the part of the average person so addressed; |
12 | (4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway, building |
13 | entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public |
14 | has access or any other place ordinarily used for the passage of persons, vehicles, or conveyances; |
15 | (5) Engages in conduct which obstructs or interferes physically with a lawful meeting, |
16 | procession, or gathering; |
17 | (6) Enters upon the property of another and for a lascivious purpose looks into an occupied |
18 | dwelling or other building on the property through a window or other opening; or |
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1 | (7) Who without the knowledge or consent of the individual, looks for a lascivious purpose |
2 | through a window, or any other opening into an area in which another would have a reasonable |
3 | expectation of privacy, including, but not limited to, a restroom, locker room, shower, changing |
4 | room, dressing room, bedroom, or any other such private area, notwithstanding any property rights |
5 | the individual may have in the location in which the private area is located. |
6 | (8) [Deleted by P.L. 2008, ch. 183, § 1]. |
7 | (b) Any person, including a police officer, may be a complainant for the purposes of |
8 | instituting action for any violation of this section. |
9 | (c) Any person found guilty of the crime of disorderly conduct shall be imprisoned for a |
10 | term of not more than six (6) months, or fined not more than five hundred dollars ($500), or both. |
11 | (d) In no event shall subdivisions (a)(2) — (5) of this section be construed to prevent lawful |
12 | picketing or lawful demonstrations including, but not limited to, those relating to a labor dispute. |
13 | SECTION 2. Chapter 11-45 of the General Laws entitled "Disorderly Conduct" is hereby |
14 | amended by adding thereto the following section: |
15 | 11-45-3. Unlawful interference with traffic. |
16 | (a) A person commits the crime of unlawful interference with traffic if he or she |
17 | intentionally, knowingly, or recklessly: |
18 | (1) Stands, sits, kneels, or otherwise loiters on any federal or state highway under such |
19 | circumstances that said conduct could reasonably be construed as interfering with the lawful |
20 | movement of traffic; or |
21 | (2) Stands, sits, kneels, or otherwise loiters on any federal or state highway causing the |
22 | interruption, obstruction, distraction, or delay of any motorist operating a motor vehicle upon said |
23 | highway. |
24 | (b) Any person, including a police officer, may be a complainant for the purposes of |
25 | instituting action for any violation of this section. |
26 | (c) Any person who violates subsection (a) of this section is guilty of a felony and shall, |
27 | upon conviction, be sentenced for a first violation of this section, to a term of imprisonment of not |
28 | less than one year nor more than three (3) years at the adult correctional institution. Not less than |
29 | the first sixty (60) days of said sentence shall be ineligible for the benefit of suspension, deferral, |
30 | or probation. |
31 | (d) Any person who violates subsection (a) of this section is guilty of a felony and shall, |
32 | upon conviction, be sentenced for a second violation, to a term of imprisonment of not less than |
33 | three (3) years nor more than five (5) years at the adult correctional institution. Not less than the |
34 | first one year of said sentence shall be ineligible for the benefit of suspension, deferral, or probation. |
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1 | (e) Any person who violates subsection (a) of this section is guilty of a felony and shall, |
2 | upon conviction, be sentenced for a third violation, to a term of imprisonment of not less the five |
3 | (5) years nor more than ten (10) years at the adult correctional institution. Not less than the first |
4 | two (2) years of said sentence shall be ineligible for the benefit of suspension, deferral, or probation. |
5 | (f) When the death of any person ensues as a proximate result of the interruption, |
6 | obstruction, distraction, or delay of an emergency vehicle caused by conduct violating the |
7 | provisions of subsection (a) of this section, the person violating this section shall be guilty of |
8 | "unlawful interference with traffic, resulting in death" and shall, upon conviction, be sentenced to |
9 | a term of imprisonment of not less than five (5) years nor more than thirty (30) years at the adult |
10 | correctional institution. Not less than the first five (5) years of said sentence shall be ineligible for |
11 | the benefit of suspension, deferral, or probation. |
12 | SECTION 3. 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 -- DISORDERLY CONDUCT--UNLAWFUL | |
INTERFERENCE WITH TRAFFIC | |
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1 | This act would criminalize and set mandatory minimum sentences for the unlawful |
2 | interference with traffic upon the federal and state highways of this state. |
3 | This act would take effect upon passage. |
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