2024 -- S 2661

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LC005288

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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 -- THREATS AND EXTORTION

     Introduced By: Senators McKenney, Tikoian, Burke, LaMountain, and Cano

     Date Introduced: March 01, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-42-4 of the General Laws in Chapter 11-42 entitled "Threats and

Extortion" is hereby amended to read as follows:

     11-42-4. Threats to public officials.

     (a) Whoever knowingly and willfully delivers or conveys, directly or indirectly, a verbal

or written threat to take the life of, or to inflict bodily harm upon, a public official or a member of

his or her immediate family because of the performance or nonperformance of some public duty;

because of hostility of the person making the threat toward the status or position of the public

official; or because of some other factor related to the official’s public existence, shall be guilty of

a felony and shall be imprisoned for not more than five (5) years, or fined not more than five

thousand dollars ($5,000), or both.

     (b) For purposes of this section:

     (1) “Public official” means a person who is elected or appointed to office in accordance

with the constitution, a statute, or a city or town charter, or who is a state government caseworker

or investigator, or who is a judge, magistrate, assistant attorney general, special assistant attorney

general, or law enforcement officer, or in the case of an elective office, any person who has filed

the required documents for nomination or election to that office or who is appointed by the governor

to serve as the director or his or her designee of a state department that is established and the

qualifications and duties of which are prescribed by statute to discharge a public duty for the state

of Rhode Island;

     (2) “Immediate family” means a public official’s spouse, child, or children.

     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 -- THREATS AND EXTORTION

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     This act would consider state government caseworkers or investigators "public officials"

for purposes of the prohibition on making threats to public officials.

     This act would take effect upon passage.

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LC005288

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