2026 -- S 2957 | |
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LC005891 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO CRIMINAL OFFENSES -- THREATS AND EXTORTION | |
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Introduced By: Senators Tikoian, Burke, McKenney, Famiglietti, LaMountain, Gallo, | |
Date Introduced: March 04, 2026 | |
Referred To: Senate Judiciary | |
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 | a public official’s immediate family because of the performance or nonperformance of some public |
7 | duty; 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 their 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 | (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 |
3 | schools and local education agencies (“LEAs”), a school superintendent, central office official, |
4 | school principal, and all other school employees or in the case of an elective office, any person who |
5 | has filed the required documents for nomination or election to that office or who is appointed by |
6 | the governor to serve as the director or their designee of a state department that is established and |
7 | the qualifications and duties of which are prescribed by statute to discharge a public duty for the |
8 | state of Rhode Island; |
9 | (2) “Election official” means a person who is appointed, hired, or assigned to any polling |
10 | place and includes, but is not limited to, any poll worker, election worker, warden, moderator, clerk, |
11 | and any member of the board of canvassers, in accordance with any statute, town charter, or |
12 | ordinance and whose qualifications and duties are prescribed by statute, town charter, or ordinance; |
13 | (3) “Immediate family” means a public official’s spouse, child, or children. |
14 | (4) In the case of schools and local education agencies, a school superintendent, central |
15 | office official, school principal, and all other school employees, a suspect shall be charged under |
16 | this section only if the suspect is eighteen (18) years of age or older or is otherwise considered a |
17 | legal adult and is not a student within the LEA where the threat is allegedly made. No student |
18 | enrolled or matriculating within the LEA where the threat is allegedly made shall be charged under |
19 | the provisions of this section. |
20 | SECTION 2. This act shall take effect upon passage. |
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LC005891 | |
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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 add school superintendents, central office officials, school principals, and |
2 | all other school employees, to the definition of a “public official” for purposes of the criminal |
3 | prohibition against making threats to public officials. In the case of an alleged threat against these |
4 | persons, a suspect would be charged only if the suspect is eighteen (18) years of age or older and |
5 | is not a student within the local education agency ("LEA") where the threat is allegedly made. No |
6 | student enrolled or matriculating at the LEA would be charged under the provisions of this act. |
7 | This act would take effect upon passage. |
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