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2012 -- S 2496 | |
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LC01781 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO CRIMINAL OFFENSES - FRAUD AND FALSE DEALING | |
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Introduced By: Senators Hodgson, Doyle, Algiere, Ottiano, and E O`Neill | |
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Date Introduced: February 16, 2012 | |
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Referred To: Senate Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Chapter 11-18 of the General Laws entitled "Fraud and False Dealing" is |
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hereby amended by adding thereto the following section: |
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11-18-1.4. False statement to obtain governmental benefits. – (a) Any person who |
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shall knowingly file or cause to be filed, either directly or indirectly, with any agency or |
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representative of state or municipal government, whatsoever, any statement or affidavit in writing |
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which is false or erroneous, or defective in any important particular, and which, to his or her |
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knowledge, is intended to induce, be relied upon, or cause the agency or its employees or agents |
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to issue or authorize a governmental benefit shall be guilty of a felony and, upon conviction, shall |
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be punished by imprisonment for not more than five (5) years, or by a fine of not more than ten |
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thousand dollars ($10,000), or both. |
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(b) Any person who shall knowingly fail to provide updated information to any agency or |
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representative of state or municipal government with the intent to conceal a change in |
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circumstance which could result in a reduction or end to a governmental benefit previously |
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conferred, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for |
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not more than three (3) years, or by a fine of not more than five thousand dollars ($5,000), or |
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both. |
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(c) No person who has been convicted pursuant to this section shall apply for a |
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governmental benefit for five (5) years from the date of his or her sentence. |
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(d) An agency or representative of state or municipal government shall be defined as any |
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organization or individual legally authorized to determine eligibility for, and confer governmental |
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benefits upon, an individual in the context of employment, retirement, disability, medical or |
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social assistance. Such agencies specifically include, but are not limited to, the retirement boards |
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of the state and the cities and towns, and any division of state government administering health, |
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or social assistance benefits. |
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(e) “Governmental benefit” is defined as any compensation, payment, reimbursement, |
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preferential tax status, or any other tangible consideration conferred by an agency or |
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representative of state or municipal government in the context of employment, retirement, |
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disability retirement, healthcare, or social assistance. |
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(f) All criminal actions for violations of this section shall be prosecuted by the attorney |
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general. |
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SECTION 2. This act shall take effect upon passage. |
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LC01781 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO CRIMINAL OFFENSES - FRAUD AND FALSE DEALING | |
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*** | |
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This act would establish criminal penalties for filing a false statement to obtain |
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governmental benefits. |
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This act would take effect upon passage. |
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LC01781 | |
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