2014 -- S 2647

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LC003629

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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, DISORDERLY

CONDUCT, AND SHOPLIFTING

     Introduced By: Senators Crowley, Nesselbush, Jabour, and Sosnowski

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     (Public Defender)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 11-45-1 of the General Laws in Chapter 11-45 entitled "Disorderly

Conduct" is hereby amended to read as follows:

     11-45-1. Disorderly conduct. -- (a) A person commits disorderly conduct if he or she

intentionally, knowingly, or recklessly:

      (1) Engages in fighting or threatening, or in violent or tumultuous behavior;

      (2) In a public place or near a private residence that he or she has no right to occupy,

disturbs another person by making loud and unreasonable noise which under the circumstances

would disturb a person of average sensibilities;

      (3) Directs at another person in a public place offensive words which are likely to

provoke a violent reaction on the part of the average person so addressed;

      (4) Alone or with others, obstructs a highway, street, sidewalk, railway, waterway,

building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group

of the public has access or any other place ordinarily used for the passage of persons, vehicles, or

conveyances;

      (5) Engages in conduct which obstructs or interferes physically with a lawful meeting,

procession, or gathering;

      (6) Enters upon the property of another and for a lascivious purpose looks into an

occupied dwelling or other building on the property through a window or other opening; or

      (7) Who without the knowledge or consent of the individual, looks for a lascivious

purpose through a window, or any other opening into an area in which another would have a

reasonable expectation of privacy, including, but not limited to, a restroom, locker room, shower,

changing room, dressing room, bedroom, or any other such private area, not withstanding

notwithstanding any property rights the individual may have in the location in which the private

area is located.

      (8) [Deleted by P.L. 2008, ch. 183, section 1].

      (b) Any person, including a police officer, may be a complainant for the purposes of

instituting action for any violation of this section.

      (c) Any person found guilty of the crime of disorderly conduct, pursuant to subsection

(a)(6) or (a)(7) of this section or, any other subsection when the provisions of The Domestic

Violence Prevention Act, chapter 29 of title 12, are applicable, shall be imprisoned for a term of

not more than six (6) months, or fined not more than five hundred dollars ($500), or both. Any

person found guilty of the crime of disorderly conduct pursuant to subsections (a)(1)-(5) of this

section shall be fined not more than five hundred dollars ($500).

      (d) In no event shall subdivisions (a)(2) -- (5) of this section be construed to prevent

lawful picketing or lawful demonstrations including, but not limited to, those relating to a labor

dispute.

     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, DISORDERLY

CONDUCT, AND SHOPLIFTING

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     This act would provide that a person found guilty of disorderly conduct for certain

actions involving lascivious purposes or a violation of the Domestic Violence Prevention Act

would be subject to imprisonment for up to six (6) months or fined up to five hundred dollars

($500), or both, while persons found guilty of disorderly conduct for other actions would only be

subject to a fine of up to five hundred dollars ($500).

     This act would take effect upon passage.

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