2013 -- S 0699

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LC01578

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL OFFENSES

     

     

     Introduced By: Senators Lombardi, Archambault, Felag, DiPalma, and Ciccone

     Date Introduced: March 06, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-44-1 of the General Laws in Chapter 11-44 entitled "Trespass

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and Vandalism" is hereby amended to read as follows:

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     11-44-1. Vandalism -- Obstruction of lawful pursuits. -- (a) Every person who shall

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willfully and maliciously or mischievously injure or destroy or write upon, paint, or otherwise

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deface the property of another, or obstruct the use of the property of another, or obstruct another

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in the prosecution of his or her lawful business or pursuits, in any manner, the punishment of

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which is not specifically provided for by statute, shall, if any resulting property damage or

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diminution in value is less than one thousand five hundred dollars ($1500), be guilty of a

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misdemeanor and shall be fined not exceeding one thousand dollars ($1,000) and/or be

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imprisoned not exceeding one year, and shall be liable to make restitution for the injury or

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damage caused. If any resulting property damage or diminution in value is one thousand five

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hundred dollars ($1500), or greater, the person shall be guilty of a felony and shall be fined not

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exceeding three thousand dollars ($3000) and/or be imprisoned not exceeding three (3) years, and

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shall be liable to make restitution for the injury or damage caused. Every person convicted of a

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first offense under this section shall be required to perform up to one hundred (100) hours of

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public community restitution work, and for a second or subsequent conviction shall be required to

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perform up to two hundred (200) hours of public community restitution work. Provided, further

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that every person who shall willfully and maliciously or mischievously injure or destroy or write

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upon, paint or otherwise deface government property, or obstruct the use of that property, shall be

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punished in accordance with this statute. Jurisdiction for matters involving government property

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shall be concurrent with the district court or the respective city or town police or municipal court.

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      (b) Where the provisions of The Domestic Violence Prevention Act, chapter 29 of title

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12, are applicable, the penalties for violation of this section shall also include the penalties as

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provided in section 12-29-5.

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     SECTION 2. This act shall take effect upon passage.

     

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LC01578

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES

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     This act would characterize as felonies acts of vandalism resulting in property damage or

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diminution of value at one thousand five hundred dollars ($1500) or greater.

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     This act would take effect upon passage.

     

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LC01578

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S0699