2025 -- S 0729 SUBSTITUTE A | |
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LC001332/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
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A N A C T | |
RELATING TO CRIMINAL OFFENSES -- THREATS AND EXTORTION | |
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Introduced By: Senators Tikoian, Gallo, Felag, LaMountain, Britto, DiMario, Dimitri, | |
Date Introduced: March 07, 2025 | |
Referred To: Senate Judiciary | |
(Secretary of State) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 11-42-4 of the General Laws in Chapter 11-42 entitled "Threats and |
2 | Extortion" is hereby amended to read as follows: |
3 | 11-42-4. Threats to public officials. |
4 | (a) Whoever knowingly and willfully delivers or conveys, directly or indirectly, a verbal |
5 | or written threat to take the life of, or to inflict bodily harm upon, a public official or a member of |
6 | his or her immediate family because of the performance or nonperformance of some public duty; |
7 | because of hostility of the person making the threat toward the status or position of the public |
8 | official; or because of some other factor related to the official’s public existence, shall be guilty of |
9 | a felony and shall be imprisoned for not more than five (5) years, or fined not more than five |
10 | thousand dollars ($5,000), or both. |
11 | (b) Whoever knowingly and willfully delivers or conveys, directly or indirectly, a verbal |
12 | or written threat to take the life of, or to inflict bodily harm upon, any election official, or a member |
13 | of his or her immediate family because of the performance or nonperformance of their public duty; |
14 | because of hostility of the person making the threat toward the status or position of the election |
15 | official; or because of some other factor related to the election official’s public existence, shall be |
16 | guilty of a misdemeanor and shall be imprisoned for not more than one year, or fined not more than |
17 | one thousand dollars ($1,000), or both. |
18 | (b)(c) For purposes of this section: |
19 | (1) “Public official” means a person who is elected or appointed to office in accordance |
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1 | with the constitution, a statute, or a city or town charter, or who is a judge, magistrate, assistant |
2 | attorney general, special assistant attorney general, or law enforcement officer, or in the case of an |
3 | elective office, any person who has filed the required documents for nomination or election to that |
4 | office or who is appointed by the governor to serve as the director or his or her designee of a state |
5 | department that is established and the qualifications and duties of which are prescribed by statute |
6 | to discharge a public duty for the state of Rhode Island; |
7 | (2) “Election official” means a person who is appointed, hired or assigned to any polling |
8 | place and includes, but is not limited to, any poll worker, election worker, warden, moderator, clerk, |
9 | and any member of the board of canvassers, in accordance with any statute, town charter or |
10 | ordinance and whose qualifications and duties are prescribed by statute, town charter or ordinance; |
11 | (2)(3) “Immediate family” means a public official’s spouse, child, or children. |
12 | 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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1 | This act would make threats to election officials, to include election workers, poll workers, |
2 | wardens, moderators and the board of canvassers, a misdemeanor. |
3 | This act would take effect upon passage. |
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