2014 -- H 7451

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LC003637

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- WILLFUL TRESPASS

     

     Introduced By: Representatives Cimini, Ajello, Handy, and Tanzi

     Date Introduced: February 12, 2014

     Referred To: House Judiciary

     (Public Defender)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-44-26 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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     11-44-26. Willful trespass -- Remaining on land after warning -- Exemption for

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tenants holding over. -- (a) Every person who willfully trespasses or, having no legitimate

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purpose for his or her presence, remains upon the land of another or upon the premises or

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curtilage of the domicile of any person legally entitled to the possession of that domicile, after

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having been forbidden to do so by the owner of the land or the owner's duly authorized agent or a

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person legally entitled to the possession of the premises, shall for a first or second adjudication be

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punished by a fine not exceeding five hundred dollars ($500) and for a third or subsequent

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violation a fine not exceeding one thousand dollars ($1,000), or imprisonment for a term not

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exceeding one year, or both.

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      (b) This section shall not apply to tenants or occupants of residential premises who,

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having rightfully entered the premises at the commencement of the tenancy or occupancy, remain

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after that tenancy or occupancy has been or is alleged to have been terminated. The owner or

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landlord of the premises may recover possession only through appropriate civil proceedings.

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      (c) 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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- WILLFUL TRESPASS

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     This act would provide for a five hundred dollar ($500) fine for first and second

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convictions for willful trespass, in addition to fines of one thousand dollars ($1,000) for third or

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subsequent convictions.

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     This act would take effect upon passage.

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