2014 -- H 7619 SUBSTITUTE A

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LC004453/SUB A

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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 - THEFT, EMBEZZLEMENT, FALSE PRETENSES

AND MISAPPROPRIATION

     Introduced By: Representatives Azzinaro, Corvese, Edwards, Malik, and Kennedy

     Date Introduced: February 26, 2014

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 11-41 of the General Laws entitled "Theft, Embezzlement, False

Pretenses, and Misappropriation" is hereby amended by adding thereto the following section:

     11-41-33. Larceny of farm products. -- (a) Definitions. - As used in this section:

     (1) "Farm product" means goods used in a farming operation, including, but not limited

to:

     (i) Crops grown, growing, or to be grown, including, but not limited to, crops produced

on trees, vines, and bushes, aquatic goods produced in aquacultural operations, and horticultural

and forestry products;

     (ii) Livestock, born or unborn, including aquatic goods produced in aquacultural

operations;

     (iii) Supplies used or produced in a farming operation; or

     (iv) Products of crops or livestock in their unmanufactured states.

     (2) "Farming operation" means the commercial raising, cultivating, propagating,

fattening, grazing, or any other farming, livestock, or aquacultural, horticultural or forestry

operation, whereby the operation is eligible to be classified as a farm pursuant to the provisions of

chapter 27 of title 44.

     (3) "Value" means credible evidence that establishes the worth of the farm product on the

day of the theft in comparison with a farm product of the same variety and weight.

     (b) It shall be unlawful for any person to steal a farm product that is the property of a

farming operation, from the farm itself, or the place where the farm product is sold.

     (c) Any person found in violation of this section shall be guilty of a felony if the

wholesale value of the farm product is two hundred and fifty dollars ($250) or more, and, upon

conviction, shall be subject to imprisonment of not more than five (5) years, a fine of not more

than five thousand dollars ($5,000), or both.

     (d) Any person found in violation of this section shall be guilty of a misdemeanor if the

wholesale value of the farm product is less than two hundred and fifty dollars ($250) and, upon

conviction, shall be subject to imprisonment of no more than one year, a fine of not more than

one thousand dollars ($1,000), or both.

     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 - THEFT, EMBEZZLEMENT, FALSE PRETENSES

AND MISAPPROPRIATION

***

     This act would make it unlawful for any person to steal a farm product that is the

property of a farming operation, from the farm itself, or the place where the farm product is sold.

This act would also impose penalties for any person found in violation of this section, depending

on whether or not the value of the farm product is more or less than two hundred and fifty dollars

($250).

     This act would take effect upon passage.

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